← Latest briefing

Politics

Trump administration proposes stripping tax exemptions from private schools with race-based policies

A draft Treasury Department rule would revoke nonprofit tax status for up to 18,000 private educational institutions using race-conscious admissions, scholarships, or facilities.

The short version

  • The Treasury Department proposed a regulation to eliminate tax-exempt status for private schools and colleges offering race-based assistance to students.
  • Federal estimates indicate up to 18,000 private educational institutions could be affected if the measure takes effect after May 2027.
  • Administration officials state the policy targets discrimination under civil rights law, while universities and legal precedents point to constraints against ideologically motivated tax enforcement.
  • The rule remains a draft proposal that must go through regulatory finalization before potential implementation.

Key facts

  • The Treasury Department issued a proposed regulation that would remove the tax-exempt status of private schools and colleges that provide race-conscious benefits in admissions, scholarships, or facilities.[Associated Press · ABC News]
  • If approved and finalized, the proposed regulation would take effect after May 2027.[Associated Press · ABC News]
  • The Treasury Department and the IRS project that the rule could impact as many as 18,000 private educational institutions across the country.[Associated Press · ABC News]
  • Treasury Secretary Scott Bessent stated that rebranded race-based initiatives would remain subject to the proposed restrictions.[Associated Press · ABC News]
  • The Justice Department has opened separate investigations into admissions practices at multiple medical schools concerning alleged racial preferences.[Associated Press · ABC News]

What remains uncertain

  • Whether the regulation will survive anticipated legal challenges remains unclear, given federal statutes prohibiting the IRS from targeting entities based on ideology.[Associated Press · ABC News]
  • It is unknown how many institutions will alter their policies versus challenging the rule or forfeiting their nonprofit tax status before 2027.[Associated Press · ABC News]

Sources