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Department of Education Seeks Input on Expanding Scope of Integrated Postsecondary Education Data System

On Aug. 7, 2025, President Donald Trump issued a presidential memorandum entitled “Ensuring Transparency in Higher Education Admissions,” directing the Secretary of Education to “expand the scope of required Integrated...more

One Big Beautiful Bill Act Provision Would Modify “Endowment Tax” Paid by Certain Private Colleges and Universities

The One Big Beautiful Bill Act (OBBBA), as passed by the House of Representatives on May 22, 2025, contains a provision that would modify the excise tax paid by certain private colleges and universities on net investment...more

DOJ Announces Initiative to Use False Claims Act to Investigate DEI Practices

On May 19, 2025, the U.S. Department of Justice’s (DOJ) Deputy Attorney General announced its new Civil Rights Fraud Initiative, which aims to use the False Claims Act (FCA) to investigate and pursue claims against entities...more

HHS Dear Colleague Letter Outlines Nondiscrimination Requirements for Medical Schools

On May 6, 2025, the U.S. Department of Health and Human Services (HHS) issued a Dear Colleague Letter on Nondiscrimination Requirements for Medical Schools on the Basis of Race, Color, and National Origin pursuant to Students...more

Colleges and Universities Face New Scrutiny Over Foreign Gifts

On April 23, 2025, President Donald Trump signed an executive order titled Transparency Regarding Foreign Influence at American Universities, aimed at reinforcing and expanding the enforcement of Section 117 of the Higher...more

Department of Education Opines That Any Separation Based on Race Is Illegal, Including Dorms, Graduations and Scholarships

As McGuireWoods shared on Jan. 22, 2025, the Ending Illegal Discrimination and Restoring Merit-Based Opportunity Executive Order (EO) takes aim at diversity, equity and inclusion (DEI) programs at institutions of higher...more

Presidential Executive Order Targets DEI in Higher Education

The Ending Illegal Discrimination and Restoring Merit-Based Opportunity Executive Order (EO) issued on Jan. 22, 2025, takes aim at diversity, equity and inclusion programs at institutions of higher education. (McGuireWoods’...more

Stop Campus Hazing Act Creates New Requirements for Colleges and Universities

On Dec. 23, 2024, President Biden signed the Stop Campus Hazing Act (SCHA), amending the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). The SCHA requires recipients of federal...more

Eleventh Circuit Addresses Implied Right of Action Under Title IX for Employees’ Sex Discrimination Claims

In the wake of the newly adopted Biden-era Title IX regulations, one question that continues to prompt debate among educational institutions and courts alike is whether employees can sue their employers under Title IX of the...more

Department of Education Proposes Stricter Gainful Employment Regulations

On May 19, 2023, the Department of Education (ED) published in the Federal Register proposed regulations concerning gainful employment (GE), threatening to cut off federal financial aid for approximately 1,800 career training...more

U.S. Department of Education Launches Secret Shoppers Program to Investigate Colleges and Universities

Federal Student Aid’s Office of Enforcement announced a “secret shoppers” program as one of many tools to evaluate a college or university’s recruitment, enrollment, financial aid and other practices. The secret shoppers...more

CFPB Charges Schools With “Abusive” Act of Denying Academic Transcripts to Students With Debts

The Consumer Financial Protection Bureau’s recent guidance regarding withholding transcripts from students with debts revealed that the CFPB is using a broad definition of “private education loan” that may apply to the...more

7th Circuit Reopens COVID-19 Tuition and Fees Lawsuit

Students at Loyola University Chicago — like students at many institutions across the country — brought a putative class action suit against Loyola for breach of contract and unjust enrichment after Loyola suspended all...more

California Continues to Lead the Way on Collegiate Athletics Reform

The California State Senate’s education committee is set to vote on SB-1401, the College Athlete Race and Gender Equity Act, which would require colleges and universities to compensate athletes in their revenue-generating...more

Department of Education to Hold Owners and Investors Liable for College and University Liabilities

On March 23, 2022, the U.S. Department of Education (ED) announced its intention to hold corporate owners, investors and controlling parties of private institutions of higher education directly liable for the school’s...more

DOJ Title IX Investigation Leads to $1.6M Agreement with San Jose State University

The Department of Justice’s Civil Rights Division, the U.S. Attorney’s Office for the Northern District of California, and San Jose State University (SJSU) settled the government’s Title IX investigation into a decade’s worth...more

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