Yost’s advice means Ohio students may miss out on millions

The fate of hundred of millions of dollars in scholarship money is up in the air in Ohio after seven state universities put race-conscious programs on hold to check their legality.

The review comes after Dave Yost, the state’s attorney general, advised administrators in a call that using race as a factor to award funds may be unconstitutional.

Yost’s guidance was based on the U.S. Supreme Court’s June 2023 decision in Students for Fair Admissions v. Harvard, which banned consideration of a student’s race in college admissions, except under limited conditions.

Yost’s interpretation of the court’s opinion should not have been a surprise.

The day after the Supreme Court’s decision, he had signaled that schools should clamp down on race-conscious programs.

He warned that “disguised” race-conscious admissions policies are still race-conscious admissions policies.

Race-based scholarships targeted

Although Ohio did not consider race-conscious scholarships right after the Supreme Court decision came down, other states acted quickly to place such scholarships on the chopping block.

Missouri’s attorney general immediately banned the use of race in financial aid decisions. Officials at the universities of Kentucky and Missouri eliminated consideration of race in scholarships and grants.

This raises a question that goes beyond Ohio: Are scholarships that use race as part of their criteria a thing of the past? The short answer is “no.”

But based on a review of the 2023 Supreme Court decision and other precedent, such programs will have to pass a tough judicial test. Even then, race can’t be the only factor.

Campus leaders have some guidance on what to do. In August 2023, for example, the federal departments of Justice and Education provided advice on how schools could keep a diverse student body without considering race in admissions decisions. Factors such as socioeconomic status, ZIP codes, high schools attended, academic achievements and demonstrated contributions to society could become more important in admissions decisions.

But the federal agencies were silent on how the court’s ruling would affect scholarships and financial aid. To figure that out, administrators may have to go back to the source: the 2023 Supreme Court decision.

Can diversity ever be considered in scholarships, admissions?

When the Supreme Court reviewed the admissions programs at Harvard and the University of North Carolina, it used a strict scrutiny standard, the highest level of legal review under the 14th Amendment’s equal protection clause. To pass muster, rules or laws that affect fundamental rights must serve a “compelling state interest” and be written to minimize their effect on such rights.

In 2003 and again in 2016, the court ruled that a diverse student body is a compelling interest. But in 2023, Harvard and UNC weren’t able to pass the strict scrutiny test. Both schools claimed their programs promoted diversity.

The court ruled that the universities’ race-conscious admissions programs involved racial stereotyping, lacked “sufficiently focused and measurable objectives warranting the use of race” and “unavoidably employ race in a negative manner.”

The programs violated both the equal protection clause of the Constitution and Title VI of the Civil Rights Act of 1964. Title VI bars discrimination based on race, color, or national origin in programs or activities that receive federal assistance, such as student loans and Pell Grants.

each. This year: No Mckechnie scholarships.

● Edward J. Martin Memorial Scholarship awarded to a student who works in print journalism and has financial need. Preference was to go to a student who was Native American. Not a requirement. We have awarded the Martin Memorial Scholarship for years to students interested in print journalism with financial need.

Doubtful every student was of indigenous descent. This year: no student will get this $2,000 scholarship.

● The Ford Scholar Award is intended for minority student with financial need. A thousand dollars was awarded last year. This year the Ford Scholarship goes to no student.

● The Frances and Margaret Channell Scholarship honors mother and daughter alums of the school. Frances worked as a reporter and teacher. Maggie spent many years working in administrative positions on campus.

● Last year the Channell Scholarship was $5,000, which went to a female who lived in a specific area of Ohio. This year no student will receive the award.

● Long-time former director, Dr. Ralph Izard was a strong advocate for diversity in the school.

He was the director who hired me. There was a time when we had as many as eight African American faculty in the school. Dr. Izard’s generosity was part of a scholarship which has been supplemented by many former Posties to create the Ralph Izard—post Scholarship.

The primary criterion was that the student work for The Post. Preference was to have been given to a minority student—but that was not a requirement. Last year’s winner received a

$2,100 scholarship. This year no Postie will receive the Izard-post Scholarship.

● Another one of our diversity scholarships honors one of the Scripps Jschool and Post newspaper’s most distinguished alums, Pulitzer Prize winning journalist and columnist Clarence Page.

The donor noted that “it is hoped the recipients of this scholarship will exhibit the qualities that brought Page success and enabled him to improve the trajectory of American journalism.”

Goal was help increase diversity at The Post, but some of our past recipients have worked in other student media, and the donors have been pleased with the quality and caliber of our previous awardees.

For (the school of journalism’s) centennial, donors chipped into to bump this award up. Last year, we were able to award two $6,000 scholarships. For the 24-25 academic year, the Page Scholarship goes to no student. I have heard rumors that the donors are not happy.

● Andy Alexander worked with Clarence Page at The Post during their days here at OU.

Editor of The Post was his first journalism job and before retirement, one of his last was the ombudsman for the Washington Post.

The Andrew Alexander Scholarship was for news and information major from an underrepresented group. For years we have awarded at least one Andy Alexander Scholarship. Last year we awarded two Alexander scholarships in the amount of $3,000. No Alexander Scholarship will be awarded for next academic year.

● Our students in the E. W. Scripps

School of Journalism have also been blessed with support from the Scripps Howard Fund.

Among the numerous scholarships the Scripps Fund has provided our students is the Scripps Multicultural Scholarship to help under-represented students pay for their education. Last year we awarded a $2,000 scholarship to a deserving student for the 23-24 academic year. For the 2024-25 academic year, however, there will be no Scripps Multicultural Scholarship award.

● 12 scholarships

● $46,000

● Not awarded.

On behalf of the E. W. Scripps School of Journalism: To our donors, please accept our deepest apology for our inability to share your generosity with our students for next academic year.

We are grateful for your support of journalism education and your commitment to provide financial support to our underrepresented students who want to spend four years in a small town to attend a predominantly white institution because it has one of the best journalism programs in the country.

Eddith A. Dashiell is the director of E. W. Scripps School of Journalism.