09/03/2026
The IRS has proposed a significant change to the rules governing racial nondiscrimination at tax-exempt private schools — including the withdrawal of longstanding provisions permitting race-conscious admissions and financial aid.
In a new two-part EO News Alert, Avisen Legal's Kim Lowe examines the proposal from two perspectives:
• The Short Version: What the proposed rule would change, what it would leave intact, and the key dates and considerations for private schools.
• The K-12 Deep Dive: What the proposal could mean specifically for private primary and secondary schools, including religious schools, financial aid programs, religious admissions criteria, restricted scholarship funds, and §501(c)(3) status.
The rule is still only proposed, but schools have good reason to begin reviewing their policies and programs now.
Read both articles to learn more.
https://www.avisenlegal.com/irs-proposes-to-end-the-1975-safe-harbor-for-race-conscious-financial-aid-at-private-schools/
https://www.avisenlegal.com/what-the-irss-proposed-nondiscrimination-rule-means-for-private-primary-and-secondary-k-12-schools-including-religious-schools/