Beyond the Bans - How Legal and Policy Changes Limiting Diversity, Equity and Inclusion Practices Compromise Student Opportunity

Oct 15, 2026

Beyond the Bans examines how recent legal and policy changes limiting diversity, equity and inclusion practices in U.S. higher education compromise student opportunity, with a focus on Texas. Drawing on evidence about barriers to college access and preparation, it highlights persistent racial gaps in early education, school retention, counseling capacity, and access to accelerated coursework such as AP/IB and dual credit. The brief also links these inequities to lower college completion and bachelor’s attainment over time, especially for Black, Latino, Indigenous, and LGBTQ+ students and students with limited means.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages13

Reading Time33 min

AccessFree to download

Racial Gaps in College Preparation and Readiness Persist in Texas

Early education and schooling disparities

College counseling access and capacity

Access to accelerated coursework (AP/IB, dual credit)

College readiness and high school graduation

Long-term impacts on educational attainment

Diversity Policies Provide Tailored Support

Beyond the Bans How Legal and Policy Changes Limiting Diversity, Equity and Inclusion Practices Compromise Student Opportunity IDRA Research Brief • by Chloe Latham Sikes, Ph. D., & Adiba Chowdhury • May 2026 For decades, access to college has been a cornerstone for students’ achievement, opportunity and affirmation of civil rights in the United States. College graduates typically earn about 60% to 70% more than those with only a high school diploma and are half as likely to be unemployed. College graduates are significantly more likely to report good health, meaningful work and active civic engagement than those without a college degree. Diversity, equity and inclusion policies arose following civil rights litigation and legislation in the 20th century to open doors to college for students who had been excluded through discriminatory practices. These policies, broadly referred to as“diversity policies” in this brief, have helped remedy discrimination against historically marginalized individuals as well as increase educational opportunity and access for all students for over 50 years. Yet in recent years, a wave of legal and policy changes across the United States has restricted initiatives to promote diversity, equity and inclusion in higher education. Policies that support diversity, equity and inclusion have faced significant setbacks following the pivotal U.S. Supreme Court ruling in the Students for Fair Admissions (SFFA) cases and sweeping state-level legislation, including Texas’ Senate Bill 17 (2023) . This research brief examines evidence on barriers to college access for students across racial groups and analyzes current legal and policy changes nationally and in Texas. Research suggests that recent policy changes have disrupted efforts to improve Texas students’ access to and readiness for college, particularly for Black, Latino, Indigenous, and LGBTQ+ students and those with limited means who continue to face systemic barriers. Racial Gaps in College Preparation and Readiness Persist in Texas A wave of legal and policy changes across the United States have restricted initiatives to promote diversity, equity and inclusion in higher education. Disparities in access to college begin long before students set foot on a college campus, or even in their high school. Critical factors include access to comprehensive early childhood education programs, high quality teachers with strong educational backgrounds, and appropriate class sizes. The impact compounds over time and leads to disparate student outcomes in high school and college (Latham Sikes, 2025) . Many students of color do not make it to high school graduation. Forty years of research by IDRA show that, consistently, schools are one and a halftimes more likely to lose Black students and Latino students than their white peers (Quintanilla-Muñoz & Sánchez, 2025) . Access to college counseling is unbalanced. A 2023 IDRA study found that most eighthgrade counselors in regions serving predominantly students of color and low-income families reported lacking sufficient time to provide college and career counseling. Subscribe for IDRA news alerts 1 Counselors reported concerns about not having enough time to assist students with college and career exploration, like providing career day activities and information about scholarships, which influence both admissions and degree completion.(Bojorquez, 2023) Dual credit, Advanced Placement, International Baccalaureate and early college high school programs can accelerate students toward college success. But students across racial or ethnic groups access these courses at disparate rates. In 2023-24, Black students and Latino students took AP or IB courses at much lower rates than white and Asian American peers (Exhibit 1) . Among students who took at least one AP or IB exam, only 34% of Black students and 40% of Latino students scored high enough to earn college credit. That is less than half the

FAQs

What legal and policy changes are described as restricting diversity, equity and inclusion efforts in higher education?

The brief describes setbacks following the U.S. Supreme Court ruling in the Students for Fair Admissions (SFFA) cases and sweeping state-level legislation, including Texas’ Senate Bill 17 (2023).

How does the brief explain that racial disparities in college access start before high school?

It notes that disparities begin long before students enter college, citing differences in access to early childhood education, teacher quality, and class size, with compounding effects on outcomes through high school and college.

What barriers to college preparation and readiness are highlighted in Texas?

The brief highlights unbalanced access to college counseling, concerns about insufficient time for counseling, lower participation in AP/IB among some racial and ethnic groups, and lower rates of earning college credit and being college-ready at high school graduation.

Oct 15, 2026

Uploaded by Aria Callaghan