In recent years, sharp-eyed parents and investigative reporters have exposed the racial resentment and antisemitism prevalent in DEI. But as public opinion and policymaking turn against this racial discrimination in disguise, a large association of private schools continues to push the radical agenda.
If the biased activity at these elite schools remains unchecked, legal advocates and policymakers will be fighting the same civil rights battles with the next generation of college students.
Today’s battles are certainly yielding good fruit. Lawsuits exposing segregation in schools under DEI’s banner have prompted state and federal lawmakers to reinforce civil rights laws. These laws have helped snuff out mandated “affinity groups” (where participants are separated by race, ethnicity, and/or sex), illegal hiring quotas, and doctrinaire DEI statements required by so-called diversity staff in K-12 schools and universities.
Curiously, the National Association of Independent Schools (NAIS), a K-12 private school association, is not moved by the lawsuits and new legislation — nor by DEI’s racial preferences. Later this month, on April 29, NAIS will even hold a “meetup” for DEI staff working at the association’s institutions.
NAIS is a membership organization for private schools. The group holds conferences and posts job openings for its member institutions on its website and otherwise provides resources on what NAIS deems as best practices.
Some of the “practices,” though, are little more than exercises in segregation. Member schools tout race-based affinity groups on their websites, and NAIS advertises diversity staff positions at its member schools via its job bank.
Institutions infused with DEI crowd out competing opinions and create radical echo chambers of a biased orthodoxy. Small wonder that NAIS had to issue an apology in 2024 when speakers at one of the association’s DEI events “characterized Israel’s war in Gaza as a genocide and the establishment of the state of Israel as a racist project.”
The American Jewish Committee and Prizmah, an organization for Jewish day schools, were among the groups that wrote to NAIS, saying, “The pervasiveness of this rhetoric and the absence of any alternate perspectives created an atmosphere that was hostile for many Jewish students and faculty members in attendance.”
In 2025, NAIS canceled its “People of Color Conference,” but resources on its website suggest DEI remains a priority. NAIS simply renamed the conference, now calling it the “Gather: A Convening for Renewal and Growth, Belonging, and Impact.” This title sounds benign, but NAIS specifically describes the event as a reinvention of its People of Color meeting. The conference will feature more “affinity group work,” as well as sessions on “inclusion and belonging,” a new title for “diversity, equity, and inclusion.”
NAIS remains out of step with civil rights laws. The U.S. Department of Education has been ferreting out racial discrimination in K-12 schools across the country. In February, the agency announced it is investigating Portland public schools because the district operates a racially segregated academic program.
The federal agency has opened similar cases over the last year. In 2025, the Education Department canceled some $600 million in grants to schools for teacher training because the grant applications contained racial preferences, some in the form of DEI initiatives.
State lawmakers in Arkansas, Ohio, and Kentucky adopted prohibitions on DEI in 2025, following earlier legislative activity in Florida, Idaho, and Texas. Today, there are nearly two dozen states with such legislation.
NAIS member schools are preparing the next generation of college students, likely students at elite universities. Faculty and staff at schools like Harvard and Columbia have been among the worst violators of civil rights, allowing antisemitism to persist. DEI offices on these campuses and others have done nothing to stop such activity. Just last month, the Education Department opened yet another investigation into Harvard for racial discrimination.
Independent schools are private institutions, but that does not exempt them from all civil rights laws nor does it excuse antisemitism. Racial discrimination should be exposed to withering scrutiny in public schools, universities, and yes, even private schools.
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Jonathan Butcher is Acting Director of the Center for Education at The Heritage Foundation.
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