News & Analysis as of

Department of Education Compliance

Thomas Fox - Compliance Evangelist

Shout Outs and Rants: Episode 153, The CW 25 Edition

Welcome to this Edition of Everything Compliance, Shout Outs and Rants. In this episode, we have the quintet of Matt Kelly, Jonathan Armstrong, Karen Woody, Tom Fox and Karen Moore. 1. Karen Moore rants at the Department of...more

TNG Consulting

Empowered and Ready: How Every ATIXA Interaction Motivates Me 

TNG Consulting on

Everything changed on April 4, 2011, when the Department of Education released the Dear Colleague Letter (DCL). I was the Director of the Office of Institutional Equity at the University of Arizona for this watershed moment...more

Fox Rothschild LLP

Federal Oversight of Schools Is Changing, But Not Gone

Fox Rothschild LLP on

The long-rumored plan to dismantle the U.S. Department of Education (DOE) took a formal step forward on March 20, 2025, when President Trump signed an Executive Order calling for the agency’s closure. While headlines suggest...more

McCarter & English Blog: Government Contracts...

In the Wake of High-Profile Terminations of Grants and Cooperative Agreements, Courts Begin to Weigh In

Over the past few months, the second Trump administration has taken quick actions to suspend and terminate federal awards predating the transition of power. Many of these actions have resulted in the termination of “federal...more

Polsinelli

DEI-Related Executive Orders Move Forward After Fourth Circuit Grants Stay of Preliminary Injunction; Federal Agency Actions

Polsinelli on

On March 14, 2025, the Fourth Circuit Court of Appeals issued a stay of the U.S. District Court’s preliminary injunction, which will allow the Trump administration to continue enforcing the Executive Orders (EOs) related to...more

Husch Blackwell LLP

Executive Order Highlights Risks to Nonprofit Tax-Exempt Status

Husch Blackwell LLP on

President Trump’s executive order (EO) “Restoring Public Service Loan Forgiveness,” issued March 7, 2025, sets limits on student loan forgiveness under the Public Service Loan Forgiveness (PLSF) program. But the language used...more

Snell & Wilmer

Navigating New Department of Education Guidance Amid Shifting Judicial Precedents

Snell & Wilmer on

In its final days, the Biden Department of Education issued a Dear Colleague Letter regarding misrepresentations made by third‐party service providers engaged by institutions of higher education. This new guidance, published...more

Jackson Lewis P.C.

A New Chapter for Educational Institutions: DOE Prohibits Use of Race in All Aspects of Student, Academic, Campus Life

Jackson Lewis P.C. on

The U.S. Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) directing educational institutions that they are prohibited from using race in decisions pertaining to admissions, hiring,...more

Shipman & Goodwin LLP

OCR Issues “Dear Colleague” Letter on Racial Discrimination

Shipman & Goodwin LLP on

On February 14, 2025, the United States Department of Education, Office for Civil Rights (OCR) issued guidance clarifying how the Department will interpret federal laws that prohibit schools and other entities receiving...more

Whiteford

Employment Law Update: What Employers and Educational Institutions Need to Know about the Attorney General’s February 5th Memo on...

Whiteford on

On February 5, 2025, the U.S. Attorney General (“AG”) Pam Bondi issued a memorandum to all Justice Department employees titled “Ending Illegal DEI and DEIA Discrimination and Preferences,” outlining the Department of...more

Roetzel & Andress

U.S. Department of Education Releases Guidance on DEI Programs in Schools Receiving Federal Funds

Roetzel & Andress on

The legality of Diversity, Equity and Inclusion (“DEI”) Programs has come under immense scrutiny beginning with the change in presidential administration. On January 21, 2025, President Trump issued executive order 14173...more

Warner Norcross + Judd

The U.S. Department of Education Issues Dear Colleague Letter: Clarifies Guidelines for Title VI Compliance

Warner Norcross + Judd on

On Feb. 14, 2025, the U.S. Department of Education Office for Civil Rights issued a “Dear Colleague” Letter providing compliance guidelines to educational institutions receiving federal funding and subject to Title VI of the...more

Akin Gump Strauss Hauer & Feld LLP

Keeping Education Accessible and Ending COVID-19 Vaccine Mandates in Schools (Trump EO Tracker)

The order establishes a federal policy that prohibits the use of discretionary federal funds to support or subsidize educational institutions that require COVID-19 vaccinations for in-person attendance. It directs the...more

Foley Hoag LLP - White Collar Law &...

Higher Education in 2025: Focal Points for Compliance and Investigations

This is the third in our 2025 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...more

Fox Rothschild LLP

U.S. Department of Education Confirms Enforcement of 2020 Title IX Rule

Fox Rothschild LLP on

Confirming an anticipated policy shift, the U.S. Department of Education’s Office for Civil Rights (OCR) announced on Jan. 31, 2025 that it will enforce Title IX under the 2020 Title IX Rule. The announcement came after a...more

Kohrman Jackson & Krantz LLP

Stop Hazing Act Adds Hazing Statistics to Those Reported by Colleges and Universities Nationwide

The Stop Hazing Act, passed on December 23, 2024, amended the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the “Clery Act”). The Clery Act requires colleges and universities that receive...more

Akin Gump Strauss Hauer & Feld LLP

Ending Radical Indoctrination in K-12 Schooling (Trump EO Tracker)

Summary - Enforce the law to ensure that recipients of Federal funds providing K-12 education comply with all applicable laws prohibiting discrimination in various contexts and protecting parental rights. All relevant...more

Cooley LLP

Department of Education End-of-Year Regulatory Action Announcements: Financial Value Transparency and Gainful Employment + Program...

Cooley LLP on

In the last week of 2024, the Department of Education (ED) announced a series of end-of-term regulatory actions – including updated guidance on the Financial Value Transparency and Gainful Employment (FVT/GE) regulations and...more

Venable LLP

Title IX’s Final Rule Is Struck Down: Time to Return to the 2020 Regulations

Venable LLP on

In a recent and far-reaching decision, a federal court struck down the Biden administration’s 2024 final rule, which sought to implement significant changes to Title IX’s regulations (the 2024 Final Rule). ...more

Littler

What Should Educational Institutions Do Next for Title IX Now That Biden’s Final Rule Was Blocked by a Federal Judge?

Littler on

On January 9, 2025, the Biden administration’s Title IX Final Rule was struck down by the U.S. District Court for the Eastern District of Kentucky, which declared the regulations unconstitutional for all schools nationwide....more

Shipman & Goodwin LLP

OCR Confirms That the 2024 Title IX Regulations Are Vacated

Shipman & Goodwin LLP on

On January 9, 2025, a federal district court in Kentucky ruled that the 2024 Title IX Regulations “are invalid and must be set aside.” Despite some ambiguity in the text of the decision, we concluded that the ruling likely...more

Procopio, Cory, Hargreaves & Savitch LLP

Federal Court Vacates 2024 Title IX Regulations: What Does This Mean for California Charter Schools?

On January 9, 2025, a federal court in Kentucky vacated the 2024 Title IX regulations that had been adopted by the U.S. Department of Education and which have been in effect since August 1, 2024. (Tennessee v. Cardona (E.D....more

Bricker Graydon LLP

Stop Campus Hazing Act Signed by President Biden

Bricker Graydon LLP on

In December, we informed you that the Stop Campus Hazing Act (the Act) was sent to the President after it was passed by both the House and Senate. President Biden signed the Act on December 23, 2024. ...more

Miles & Stockbridge P.C.

Federal Court Strikes Down 2024 Title IX Regulations, So Back to 2020 We Go

A federal judge in Kentucky on Thursday ruled the 2024 Title IX regulations were “arbitrary and capricious” and in violation of the Administrative Procedures Act (APA). Unlike other courts that had issued injunctions...more

Jackson Lewis P.C.

What Schools Need to Know After Court Vacates Title IX Regulations Nationally

Jackson Lewis P.C. on

The Biden Administration’s April 2024 changes to Title IX regulations were struck down in a court ruling that applies nationwide. State of Tennessee v. Cardona, No. 2: 24-072-DCR (E.D. Ky. Jan. 9, 2025). The Kentucky federal...more

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