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Anti-Discrimination Policies Department of Education

Husch Blackwell LLP

DOJ Issues Sweeping Memorandum on Unlawful Discrimination

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On July 29, 2025, the U.S. attorney general released a new memorandum providing guidance on the application of federal antidiscrimination laws for recipients of federal funding—including private and public colleges and...more

Fox Rothschild LLP

DOJ Targets DEI Programs with False Claims Act Enforcement

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The U.S. Department of Justice (DOJ) is raising the stakes with a broad new initiative targeting what it calls “illegal DEI.” In a May 19, 2025 internal memorandum, Deputy Attorney General Todd Blanche outlines a Civil Rights...more

Faegre Drinker Biddle & Reath LLP

Executive Order Seeks to Reform Accreditation in Higher Education

On April 23, 2025, President Donald Trump signed an executive order called “Reforming Accreditation to Strengthen Higher Education” along with a fact sheet about the EO and six other EOs relating to education....more

Fox Rothschild LLP

PDE Pushes Back on Federal Certification Mandate

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The Pennsylvania Department of Education (PDE) has declined to sign a certification form issued by the U.S. Department of Education (ED), which asked all state education agencies to affirm compliance with federal...more

Fox Rothschild LLP

New Certification Mandate Ties Federal Education Funds to Title VI Compliance

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The U.S. Department of Education (ED) took another step forward last week to ensure that K-12 school districts across the country are complying with the administration’s directives on civil rights and antidiscrimination...more

Lathrop GPM

Dept. of Education Certification Requirement Tied to “Antidiscrimination Obligations” for Continued K-12 Federal Funding

Lathrop GPM on

On April 3, 2025, the U.S. Department of Education (ED) issued a press release announcing the ED sent certification letters to state commissions that oversee K-12 State Education Agencies (SEAs), charging SEAs with the...more

FordHarrison

Crackdown on Antisemitism in Education is Not Just Limited to Students

FordHarrison on

Real World Impact: In light of recent government actions directed at ensuring educational institutions protect their faculty and staff, as well as students, from antisemitism, such employers should ensure they are familiar...more

Davis Wright Tremaine LLP

New Administration Outlook: Trump's DOE Letters and Colleges' First Amendment Defenses Against Pretextual Title VI Threats

Anti-discrimination statutes protect against "deliberate indifference" to conditions establishing a hostile environment of antisemitic violence and harassment. But those statutes cannot be used to censor legitimate speech...more

Franczek P.C.

Week in Review: Major Announcements from the Department of Education, Challenges to Anti-DEI Actions, Board Member Reinstatement...

Franczek P.C. on

We reported last week that the pace of executive orders coming from the new presidential administration had begun to slow. While, overall, the rate does still appear to be slowing, this week has been a notable one....more

Fisher Phillips

Education Department Kicks Off New Era of Title VI Discrimination Enforcement: What Your School Must Know + 5 Steps to Take Now

Fisher Phillips on

Starting today, the U.S. Department of Education will crack down on “overt and covert racial discrimination” in educational institutions receiving federal funding, according to a February 14 “Dear Colleague” letter issued by...more

Bowditch & Dewey

U.S. Department of Education to Enforce 2020 Title IX Regulations

Bowditch & Dewey on

On Friday, January 31, 2025, the U.S. Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) clarifying that, effective immediately, OCR will enforce Title IX in accordance with the 2020...more

Paul Hastings LLP

Trump Administration’s New Executive Order Targets Campus Antisemitism: What Higher Education Institutions Need to Know

Paul Hastings LLP on

On January 29, 2025, President Donald J. Trump issued an executive order (EO) titled “Additional Measures to Combat Anti-Semitism,” escalating federal efforts to address antisemitism within institutions of higher education. A...more

Brooks Pierce

U.S. Attorney General’s Office Issues DEI Memo to DOJ Employees

Brooks Pierce on

On February 5, 2025, the newly sworn U.S. Attorney General, Pamela Bondi, issued a Memorandum to U.S. Department of Justice (DOJ) Employees entitled “Ending Illegal DEI and DEIA Discrimination and Preferences.”...more

TNG Consulting

ATIXA: An Investigator’s Invaluable Resource

TNG Consulting on

Navigating the ever-changing landscape of Title IX requires a strong training foundation and a dependable support network....more

Franczek P.C.

President Trump Signs Executive Order Requiring Sex-Based Classifications

Franczek P.C. on

On January 20, 2025, one of President Trump’s first actions as the president of the United States was signing an Executive Order proclaiming that the U.S. government only recognizes two sexes: male and female. The order goes...more

Troutman Pepper Locke

What Do We Do Now? District Court Invalidates 2024 Title IX Regulations

Troutman Pepper Locke on

On January 9, a federal judge in the Eastern District of Kentucky entered an order vacating the 2024 Title IX regulations (the Final Rule). The case is Tennessee, et al. v. Cardona (Civil Action No. 2: 24-072)....more

Mintz - Antitrust Viewpoints

Led by DOJ, Federal Agencies Convene to Coordinate Safeguarding Civil Rights from AI-Related Harms — AI: The Washington Report

On October 9, the Department of Justice’s (DOJ) Civil Rights Division convened the heads of federal agency civil rights offices to discuss and promote coordination around preventing harms that may stem from AI, including...more

TNG Consulting

Implementation Day Arrived, For Some. What’s Next?

TNG Consulting on

On the morning of August 1, 2024, Title IX experts from TNG Consulting and ATIXA participated in a webinar hosted by the Department of Education (ED) regarding the 2024 Title IX Rule. During the session, U.S. Secretary of...more

Franczek P.C.

Legal Challenges to the 2024 Title IX Regulations – What’s Next for Illinois Schools?

Franczek P.C. on

Schools throughout the country are preparing to implement the U.S. Department of Education Office for Civil Rights’ (“OCR”) long-awaited final 2024 Title IX regulations. These new regulations, which replace the 2020...more

Husch Blackwell LLP

OCR Releases Fact Sheet on School Districts’ Obligations under Title VI

Husch Blackwell LLP on

On July 2, 2024, the U.S. Department of Education’s (Department) Office for Civil Rights (OCR) released a Fact Sheet, which provides guidance to help school districts prevent and address discrimination, including harassment,...more

Bowditch & Dewey

Changing Requirements for Title VI Compliance?

Bowditch & Dewey on

Case resolutions released by the Department of Education’s Office for Civil Rights (“OCR”) in the past two weeks may be signaling a change in how OCR expects institutions of higher education to comply with Title VI’s mandate...more

Bricker Graydon LLP

Kentucky District Court Blocks Implementation of 2024 Title IX Regulations in Kentucky, Ohio, Indiana, Tennessee, Virginia, and...

Bricker Graydon LLP on

A federal judge in the Eastern District of Kentucky has enjoined the United States Department of Education from implementing or enforcing the 2024 Title IX regulations. The injunction is limited to the states of Tennessee,...more

Akin Gump Strauss Hauer & Feld LLP

Understanding the 2024 Title IX Regulations: Expansions and Enhancements in Education Rights

The U.S. Department of Education recently issued final regulations governing Title IX, the federal civil rights law prohibiting sex-based discrimination in education programs or activities—such as public or private schools,...more

Bowditch & Dewey

OCR Provides Examples of Discrimination Based on Shared Ancestry – Colleges Take Note!

Bowditch & Dewey on

On May 7, 2024, the U.S. Department of Education’s Office for Civil Rights (OCR) again issued guidance in the form of a Dear Colleague Letter (DCL) to educational institutions discussing how Title VI of the Civil Rights Act...more

Venable LLP

Biden Administration's Final Rule for Title IX Is Finally Here

Venable LLP on

The Biden administration's Department of Education has finally released the much-anticipated final rule (the "Final Rule") amending the regulations for Title IX, which prohibits sex discrimination and harassment in education...more

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