N.E. Council’s warning about proposed federal regulation against ‘racial discrimination’ in private schools

Unsplash photo by Vitaly Gariev

From The New England Council (very slightly edited for clarity)

BOSTON

The New England Council recently submitted comments expressing our significant concerns regarding the proposed federal regulation entitled “Racial Nondiscrimination in Private Schools.”

Under the proposed rule, a private school would not qualify for federal tax-exempt status under section 501(c)(3) if it “adopts, maintains, or enforces a policy or practice that discriminates on the basis of race, color, or national or ethnic origin.” The rule would apply across admissions, educational policies, scholarships and loans, athletics, and any other school administered or school-supported program.

The Treasury Department, which includes the Internal Revenue Service, estimated that the proposal may affect as many as 18,000 private educational institutions, including tax-exempt private primary and secondary schools, colleges, universities, professional schools, and trade schools.

Threatening the tax-exempt status of private educational institutions based on their support for policies or programs designed to address racial discrimination raises serious concerns regarding freedom of speech, association, religion, and the ability of charitable organizations to pursue their lawful missions.

Here’s what the The New England Council has written to the IRS.

Phillips Exeter Academy in Exeter, N.H., founded in 1781, one of the oldest private boarding schools in the United States.

— Photo by Transmarinus


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