On March 11, 2025, the U.S. Department of Education announced that it would initiate a reduction in force (RIF), affecting nearly 50 percent of its workforce. ...more
On March 13, 2025, twenty states and the District of Columbia sued the Trump administration to stop its plans to cut the U.S. Department of Education’s workforce by roughly half. The case is in the U.S. District Court for the...more
3/17/2025
/ Administrative Procedure Act ,
Constitutional Challenges ,
Department of Education ,
Educational Institutions ,
Federal Funding ,
Government Agencies ,
Involuntary Reduction in Force ,
Layoffs ,
Pending Litigation ,
Preliminary Injunctions ,
Separation of Powers ,
Trump Administration
On March 5, 2025, the National Education Association (NEA) and its New Hampshire affiliate (NEA-NH) sued the U.S. Department of Education, challenging a recently issued “Dear Colleague Letter” (DCL) that informed schools that...more
3/14/2025
/ Affirmative Action ,
Civil Rights Act ,
Constitutional Challenges ,
Dear Colleague Letter ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Equal Protection ,
Executive Orders ,
Federal Funding ,
Pending Litigation ,
Professional Associations ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Trump Administration
On January 31, 2025, the U.S. Department of Education’s Office for Civil Rights (OCR) issued a “Dear Colleague Letter” (DCL) announcing that it would enforce Title IX of the Education Amendments of 1972 under the provisions...more
On January 9, 2025, in State of Tennessee v. Cardona, Civil Action No. 2:24-cv-072-DCR, the U.S. District Court for the Eastern District of Kentucky vacated the Title IX Final Rule that was issued by the U.S. Department of...more
On July 2 and July 11, 2024, two more federal courts issued preliminary injunctions preventing enforcement of the U.S. Department of Education’s new Title IX regulations, scheduled to go into effect on August 1, 2024....more
7/22/2024
/ Bostock v Clayton County Georgia ,
Colleges ,
Department of Education ,
Educational Institutions ,
Enforcement Authority ,
Final Rules ,
Gender Identity ,
Preliminary Injunctions ,
Regulatory Authority ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title IX ,
Universities
On June 17, 2024, the U.S. District Court for the Eastern District of Kentucky granted a preliminary injunction staying enforcement of the U.S. Department of Education’s new Title IX regulations....more
6/18/2024
/ Arbitrary and Capricious ,
Department of Education ,
Educational Institutions ,
First Amendment ,
Gender Identity ,
Preliminary Injunctions ,
Rulemaking Process ,
Sexual Orientation Discrimination ,
Statutory Authority ,
Stays ,
Title IX
As previously discussed in our four-part series, on April 19, 2024, the U.S. Department of Education released final Title IX regulations that apply to complaints of sex discrimination occurring on or after the effective date...more
5/9/2024
/ Administrative Procedure Act ,
Department of Education ,
Department of Justice (DOJ) ,
Educational Institutions ,
Financial Industry Regulatory Authority (FINRA) ,
Hostile Environment ,
Injunctive Relief ,
OCR ,
Same-Sex Harassment ,
Sex Discrimination ,
Students ,
Title IX
This is part one of a series examining the most topical changes contained in the new Title IX regulations applicable to higher education released by the U.S. Department of Education on April 19, 2024. Changes applicable only...more
4/26/2024
/ Colleges ,
Department of Education ,
Educational Institutions ,
Employees ,
Filing Grievances ,
Gender Discrimination ,
Grievance Process ,
Sex Discrimination ,
Sexual Harassment ,
Students ,
Title IX ,
Title IX Coordinator ,
Universities
The final regulations amend § 34 C.F.R. 106.1, et seq. According to a statement from the Department announcing the final rule, “The unofficial version of the final regulations is available here. In addition, the Department...more
4/22/2024
/ Colleges ,
Department of Education ,
Educational Institutions ,
Final Rules ,
Gender Discrimination ,
Hostile Environment ,
Sex Discrimination ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Title IX ,
Universities
On April 17, 2024, the Biden administration published a proposed rule that would amend current regulations to allow for certain student loan debts to be waived, potentially providing relief to millions of student loan...more
On April 6, 2021, the U.S. Department of Education’s Office for Civil Rights (OCR) announced plans to begin a comprehensive review of its regulations implementing Title IX of the Education Amendments of 1972, in response to...more
On March 8, 2021, President Joe Biden signed the “Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity,” making clear his...more
3/15/2021
/ Biden Administration ,
Bostock v Clayton County Georgia ,
Colleges ,
Department of Education ,
Educational Institutions ,
Executive Orders ,
Gender Identity ,
NPRM ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title IX ,
Title VII ,
Universities
On Friday, September 22, 2017, when the Trump administration announced that it was rescinding Obama-era Title IX sexual assault guidance and issuing a new question and answer document while undertaking a formal review, most...more
9/25/2017
/ Comment Period ,
Dear Colleague Letter ,
Department of Education ,
Due Process ,
Educational Institutions ,
Investigations ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Title IX ,
VAWA