Newsletter
Newsletter Support JNS

IRS, US Treasury Department propose revoking tax exemptions from private schools that use racial preferences

The proposed rule would cover admissions, scholarships, athletics and other school programs but allow faith-based schools to continue to select students based on religious affiliation.

A sign at 1111 Constitution Avenue NW in Washington, D.C., in front of the U.S. Department of the Treasury and the Internal Revenue Service, Feb. 7, 2025. Credit: G. Edward Johnson/Creative Commons via Wikimedia Commons.
A sign at 1111 Constitution Avenue NW in Washington, D.C., in front of the U.S. Department of the Treasury and the Internal Revenue Service, Feb. 7, 2025. Credit: G. Edward Johnson/Creative Commons via Wikimedia Commons.

The U.S. Treasury Department and the Internal Revenue Service proposed regulations on Thursday that would strip federal tax-exempt status from private schools that discriminate based on race, color or national or ethnic origin.

The rule would cover admissions, scholarships and loans, athletics, educational policies and other school-supported programs and would apply to private elementary and secondary schools, colleges, universities and professional and trade schools.

“Schools rebranding race-based preferences as equitable, inclusive or diversity-enhancing does not change their discriminatory nature,” stated Scott Bessent, the U.S. treasury secretary.

Schools could continue using race-neutral criteria, including income, geography and first-generation status, and the regulations would also permit faith-based schools to maintain religious programs and select students based on religious affiliation.

The proposal would reverse previous IRS guidance permitting schools to favor certain racial groups in admissions and financial assistance. It follows the U.S. Supreme Court’s 2023 ruling in Students for Fair Admissions v. Harvard, which struck down race-based college admissions policies.

The Treasury Department and IRS estimate that the proposal could affect as many as 18,000 tax-exempt private schools. If finalized, the regulations would apply to tax years beginning after May 31, 2027.

“This political environment could discourage congressional committee staff and federal agency personnel from pursuing investigations or enforcement actions involving antisemitism,” Karen Paikin Barall of the Brandeis Center told JNS.
“They get social credit within their political bases in terms of talking about settler violence and and taking up the side of the Palestinians on issues between them and Israel,” Rafael Mangual of the Manhattan Institute told JNS.
The U.S. envoy also said antisemitism “didn’t exist” during his upbringing and warned of an unintended clash between Israel and Turkey.
“There is not, and there will not be, a Palestinian state,” the Israeli prime minister pledged. He also called for the corruption trial against him to be dropped.