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Department of Education Educational Institutions Civil Rights Act

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 6, August 2025

Welcome to our sixth issue of The Academic Advisor for 2025. In this edition, we cover the following topics of interest for schools, institutions of higher education, and other education-focused organizations: - How the...more

Law Matters

On Securing a Preliminary Injunction in a Pro Bono Case Protecting Student Civil Rights – Q&A with Glenn Agre Bergman & Fuentes

Law Matters on

Q&A with Reid Skibell and Jon Friedman, partners at Glenn Agre Bergman & Fuentes, after the firm obtained a preliminary injunction in a pro bono lawsuit brought on behalf of Victim Rights Law Center and two students and their...more

Venable LLP

Legal Showdown: Harvard and Trump Administration Spar Over Alleged Federal Civil Rights Violations, Federal Funding Freeze

Venable LLP on

Since President Trump's return to office in January, his administration has intensified efforts to combat antisemitism on college campuses, positioning the issue as a central pillar of its civil rights agenda....more

Franczek P.C.

Trump Tackles Civil Rights Act, Equity in School Discipline, Higher Education Accreditation, and AI in New Executive Orders

Franczek P.C. on

On Wednesday, April 23, 2025, President Trump issued several Executive Orders targeting various elements of his policy agenda. Below, we discuss orders that aim to eliminate the use of disparate-impact liability under Title...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

Franczek P.C.

Week in Review – New Developments from the Dept. Of Ed., More Enforcement Actions by the EEOC and DOJ, and Additional Challenges...

Franczek P.C. on

It was another big week for the Department of Education, with President Trump signing an Executive Order on Thursday instructing Education Secretary Linda McMahon to take actions to “close” the Department. President Trump’s...more

Miller Canfield

Executive Order to Close the Department of Education: What It Means for Your School

Miller Canfield on

On March 20, 2025, President Donald J. Trump signed an Executive Order (“EO”) titled “Improving Education Outcomes by Empowering Parents, States, and Communities,” directing the Secretary of Education to undertake all...more

Fisher Phillips

Will My School Face Investigation? Feds Announce Race-Based Investigations Into 52 Higher Education Institutions

Fisher Phillips on

A federal civil rights agency just announced that it will be investigating more than 50 higher ed institutions to determine whether they violated federal law by making race-based decisions in their graduate and scholarship...more

Faegre Drinker Biddle & Reath LLP

Mass Layoffs at the U.S. Department of Education: Impacts on Higher Education

Overview - On March 11, 2025, the Department of Education (ED or the Department) effectively fired a substantial portion of its employees, marking a significant step in what Secretary Linda McMahon has called the...more

Franczek P.C.

Week in Review – Major Announcement from the Department of Education, Continued Agency Changes, and More DEI Related Actions

Franczek P.C. on

Headlines this week largely focused on the Department of Education, and rightfully so. As announced on Tuesday, President Trump’s administration terminated over 1,300 Department of Education employees this week – nearly 50%...more

Fisher Phillips

So You’re Concerned About Losing Federal Funding: 3 Things Schools Should Do Right Now

Fisher Phillips on

Many K-12 and institutes of higher education are concerned about the potential threat to their federal funding given recent changes to the way the government is interpreting existing federal law to achieve certain policy...more

Littler

OCR Issues FAQs for Schools About Avoiding Racial Preferences Under Title VI

Littler on

After giving educational institutions two weeks to comply with the Department of Education’s Dear Colleague Letter (DCL), on February 28, the Office of Civil Rights (OCR) issued Frequently Asked Questions About Racial...more

Dorsey & Whitney LLP

U.S. Department of Education’s Guidance Clarifies Discriminatory Activities Subject to Investigation and Funding Consequences

Dorsey & Whitney LLP on

Following its February 14, 2025, “Dear Colleague Letter,”outlining DEI programs that could result in a loss of federal funding by February 28, 2025, the U.S. Department of Education, Office of Civil Rights (the “Department”)...more

Pullman & Comley - School Law

OCR, DEI and Connecticut Schools – Sorting Through a Legal Minefield

If nothing else, the early days of the Trump administration 2.0 have been a whirlwind of legal activity.  Diversity, equity and inclusion efforts have of course been at the forefront and on February 14, 2025 the federal...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

Quarles & Brady LLP

Office for Civil Rights Issues “Dear Colleague” Letter Aimed At Curbing Race-Based Decisions and Benefits At Federally Funded...

Quarles & Brady LLP on

On Friday, February 14, 2025, the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued a “Dear Colleague” letter advising federally funded schools that it considers any decisions or benefits based on race,...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

Troutman Pepper Locke

DOE Rescinds Title IX Guidance on NIL Compensation

Troutman Pepper Locke on

Twenty-seven days after the U.S. Department of Education (DOE) of the outgoing Biden administration issued long-awaited Title IX guidance relating to name, image, and likeness (NIL) payments by schools and third-party...more

Faegre Drinker Biddle & Reath LLP

U.S. Department of Education Issues ‘Dear Colleague’ Letter That Reflects an Expansion of Title VI Under Students for Fair...

Overview of the Dear Colleague Letter On February 14, 2025, the Office for Civil Rights (OCR) of the U.S. Department of Education (ED or the Department) issued a Dear Colleague Letter (DCL) regarding the nondiscrimination...more

Troutman Pepper Locke

OCR’s Directive on Race-Conscious Policies in Higher Education

Troutman Pepper Locke on

On February 14, the U.S. Department of Education Office for Civil Rights (DOE) issued a Dear Colleague Letter (DCL), which calls for educational institutions to immediately cease race-conscious practices in student...more

Saul Ewing LLP

Department of Education’s February 14 Dear Colleague Letter on Title VI and Equal Protection: Overview, Open Issues, and...

Saul Ewing LLP on

INTRODUCTION - On February 14, 2025, the Acting Assistant Secretary for Civil Rights (the “Assistant Secretary”) at the United States Department of Education (the “Department”) circulated a Dear Colleague Letter (the “DCL”)...more

Morgan Lewis

US Department of Education Issues Sweeping Guidance on Race-Conscious Practices By Academic Institutions

Morgan Lewis on

The US Department of Education’s (the Department’s) Office for Civil Rights issued a sweeping “Dear Colleague” letter on February 14, 2025 outlining a new zero-tolerance policy for the consideration of race in any regard by...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

Bond Schoeneck & King PLLC

OCR Issues Dear Colleague Letter Addressing DEI Programs Under Title VI

On Jan. 21, 2025, President Trump signed an Executive Order (EO), “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” Broadly speaking, the EO purported to prohibit what it characterized as unlawful...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

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