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Educational Institutions Administrative Procedure Act

Law Matters

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

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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

TNG Consulting

Procedural Fairness Beyond the 2020 Title IX Regulations 

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Given that it appears the 2020 Title IX Regulations will remain the regulatory law of the land for at least the next several years, the Title IX field is once again working with a prescriptive set of regulations applicable to...more

Jackson Lewis P.C.

Federal Court Enjoins DHS’s Revocation of Harvard’s Ability to Enroll International Students

Jackson Lewis P.C. on

On May 22, 2025, Secretary of Homeland Security Kristi Noem ordered the Department of Homeland Security (“DHS”) to terminate Harvard University’s Student and Exchange Visitor Program (“SEVP”) certification for alleged...more

Bond Schoeneck & King PLLC

Two Courts Found the Department of Education’s Anti-DEI DCL Unlawful: Where Are We Now?

On April 24, 2025, two U.S. District Courts issued Orders finding the U.S. Department of Education (DOE)’s Feb. 14, 2025 “Dear Colleague” Letter (DCL) to be unlawful and narrowly restricting the DOE’s enforcement of the DCL....more

Miller Canfield

One-Two Punch Delivered to Department of Education on DEI

Miller Canfield on

On April 24, 2025, the U.S. District Courts for the District of New Hampshire and the District of Maryland issued separate orders blocking enforcement of all, or large portions of, the Dear Colleague Letter (“DCL”) issued by...more

Seyfarth Shaw LLP

The New Risk for Global Talent: F-1 SEVIS Terminations and Student Visa Revocations

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Over the past several months, international students in F-1 status have experienced heightened scrutiny. Increasing numbers of reports indicate that students are facing visa revocations and the termination of their records in...more

Polsinelli

SCOTUS Ruling: Freezing $65 Million in Teacher Grants Amid DEI Controversy

Polsinelli on

On April 4, 2025, the United States Supreme Court granted an emergency application to vacate the First Circuit Court of Appeals’ March 10 temporary restraining order (TRO) in the case of Department of Education v. California....more

Epstein Becker & Green

When is a TRO Treatable as a Preliminary Injunction? - SCOTUS Today

While not a decision on the merits, the U.S. Supreme Court’s opinion on April 4, 2025, in Department of Education v. California is worth considering....more

Sunstein LLP

NIH Edict Slashing Funding of All Grant Awards Halted Nationwide for Now by Massachusetts Federal Court

Sunstein LLP on

An edict issued without warning in February 2025 by the National Institutes of Health (NIH), having the effect of slashing funding by the NIH across the board, has been put on a nationwide hold for now by a federal court in...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

Ogletree, Deakins, Nash, Smoak & Stewart,...

20 States and District of Columbia Sue Over U.S. Department of Education Mass Layoff

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

Ballard Spahr LLP

Eighth Circuit Broadens Injunction Prohibiting Implementation of SAVE Federal Student Loan Repayment Plan, Calls Into Question...

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On February 18, 2025, the U.S. Court of Appeals for the Eighth Circuit—following up on its August 2024 unsigned order—resolved an expedited appeal concerning a district court injunction preventing the U.S. Department of...more

Wiley Rein LLP

Capping It All Off: NIH Caps Indirect Rates for Grants

Wiley Rein LLP on

SUMMARY: On February 7, 2025, the Office of the Director for the National Institutes of Health (NIH) issued a Notice (Notice No. NOT-OD-25-068) imposing a cap of 15% on the indirect cost rates that can be charged to the...more

Husch Blackwell LLP

Title IX Litigation Tracker: 2024 Title IX Regulations Vacated by District Court

Husch Blackwell LLP on

The legal saga surrounding the 2024 Title IX Regulations reached a new peak earlier this month. On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky granted summary judgment in favor of the...more

Husch Blackwell LLP

Federal District Court Vacates 2024 Title IX Regs

Husch Blackwell LLP on

On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky vacated the Biden administration’s 2024 Title IX regulations. The vacatur applies nationwide, meaning the 2020 Title IX final rule and Title IX...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

TNG Consulting

It Appears the 2024 Title IX Regulations Are Done

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An ATIXA Tip of the Week - Today, a federal district court in Kentucky issued a ruling in Tennessee vs. Cardona, one of the several lawsuits against the 2024 Title IX Regulations. This particular lawsuit was filed in the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Different School of Thought: 15 States Sue to Challenge 2024 Title IX Regulations

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

TNG Consulting

2024 Title IX Regulations Compliance Series: The Regulations Are Not Retroactive

TNG Consulting on

Oh no, not another blog about the Title IX Regulations! I know, how many summaries of the same thing can you read? But here’s the thing: ATIXA’s compliance series is not another summary. It is designed to highlight topics you...more

TNG Consulting

Title IX Regs Watch: Do We All Need to Learn How to Pronounce Sine Die?

TNG Consulting on

If you’re a Latin pedant, you’ll want to use the traditional ‘see-nay de-ay,’ but the common American English pronunciation used in legislative machinations is ‘sigh-neh dye.’ Perhaps it ought to be “sign or die” to be more...more

Jackson Lewis P.C.

Education Department Ceases Enforcement Of Title IX Regulatory Provision Barring Reliance On Certain Statements

Jackson Lewis P.C. on

The U.S. Department of Education’s Office for Civil Rights has announced that it will immediately cease enforcement of the Title IX regulatory provision prohibiting decision-makers’ reliance on statements not subject to...more

TNG Consulting

Implementing the Cardona Decision for Fall 2021 – What Should Colleges Do Now That the Title IX Suppression Rule is Dead?

TNG Consulting on

Many in the Title IX field watched last week as two different federal courts denied challenges to the validity of the 2020 Title IX regulations under the Administrative Procedure Act (APA). The regulations survived these...more

WilmerHale

Weekly COVID-19 Oversight & Enforcement Report - April #4

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Pressure is increasing on the Biden Administration to release the delayed Emergency Temporary Standard (ETS) to protect workers from COVID-related risks. On April 26, Representatives Debbie Dingell (D-MI), Rashida Tlaib...more

Constangy, Brooks, Smith & Prophete, LLP

ICE Rescinds Policy “At Courthouse Steps”: Foreign Students Will Be Allowed To Take All-Online Courses This Fall

The U.S. Immigration and Customs Enforcement has agreed to rescind a directive that barred foreign students, even during the COVID-19 pandemic, from taking only the online courses offered by their colleges and universities....more

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