News & Analysis as of

Educational Institutions Department of Education Title IX

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

Fisher Phillips

SCOTUS to Determine Whether States Can Ban Transgender Athletes From Women’s Sports – What Your School Needs to Know

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The Supreme Court will soon decide whether states can ban transgender high school and college athletes from participating on female sports teams at their schools. After initially declining to review this issue in 2023 and...more

Montgomery McCracken

Supreme Court Issues Nationwide Injunction Ruling – Just How Much Will It Change the Litigation Landscape for Schools, Their...

Montgomery McCracken on

The Supreme Court issued its landmark decision limiting the use of universal injunctions last month, with the majority relying largely on originalist principles to support its decision. Trump v. CASA, Inc., et al., No. 24A884...more

TNG Consulting

The False Claims Act: An Emerging Compliance Consideration for Title IX, Title VI, and DEI Professionals 

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As the legal and regulatory landscape evolves, Title IX, Title VI, and DEI practitioners are increasingly expected to understand how their work intersects with broader federal compliance frameworks. One such framework that...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

TNG Consulting

Procedural Fairness Beyond the 2020 Title IX Regulations 

TNG Consulting on

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

Fisher Phillips

2025 Summer Reading List for Educational Leaders

Fisher Phillips on

Another school year is winding down, and educational leaders perhaps have never been more ready for summer break. From the Trump administration’s significant policy shifts to deeply consequential litigation playing out to...more

Franczek P.C.

100 Days In: Where Do Things Stand?

Franczek P.C. on

Last week marked President Trump’s 100th day in office for his second term. As we have reported over the course of the past few months, the first 100 days of the second Trump administration have been active, with many new...more

Fisher Phillips

Federal Officials Launch Title IX Special Investigations Team – The 5 Things Higher Education Institutions Need to Do

Fisher Phillips on

The federal government just took a dramatic step to reshape Title IX enforcement – one that should prompt immediate action from all colleges and universities. On April 4, the U.S. Department of Education and Department of...more

Jackson Lewis P.C.

Institutions’ Title IX Compliance Under the Microscope: DOJ, ED Form Special Investigations Team to Enforce Gender Ideology EOs

Jackson Lewis P.C. on

Institutions should carefully review their policies and practices now that the Department of Justice (DOJ) and Department of Education (ED) have recently formed a special investigations team to increase and prioritize...more

Franczek P.C.

Week in Review: Important Recent Court Rulings, Continued Changes at the NLRB, and The Department of Ed Continues Its...

Franczek P.C. on

We saw a flurry of activity this week from the Supreme Court, with rulings that employers and educational institutions should be aware of. Specifically, the Supreme Court ruled in the Trump Administrations’ favor on several...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 3, April 2025

Welcome to our third 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: - The...more

Fox Rothschild LLP

Trump Administration Launches Title IX Investigations Team to Accelerate Enforcement

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The Trump administration has announced the creation of a Title IX Special Investigations Team (SIT) to respond to a surge in Title IX complaints and carry out enforcement of several of President Trump’s executive orders. ...more

Snell & Wilmer

Trump Signs Order Aimed at the Department of Education – Potential Impacts on Schools, Students, and the Future of Federal...

Snell & Wilmer on

On March 20, 2025, President Donald Trump signed an executive order initiating the process to dismantle the U.S. Department of Education (DOE) — a historic move that could fundamentally reshape oversight of education in the...more

Parker Poe Adams & Bernstein LLP

Impacts on K-12 and Higher Education After Trump Signs Executive Order Aimed at Eliminating the Department of Education

In a move aimed at delivering on one of his most ambitious campaign promises, President Donald Trump signed an executive order on Thursday to eliminate the U.S. Department of Education (DOE) and shift authority over education...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

TNG Consulting

Why Grooming is Not a Title IX-Covered Offense 

TNG Consulting on

The 2020 Title IX Regulations raise the issue of predatory grooming, but only to state that it may be covered by the definition of Sexual Harassment in § 106.30 of the regulations. Thus, to the Department of Education’s...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

Snell & Wilmer

Navigating New Department of Education Guidance Amid Shifting Judicial Precedents

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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

Troutman Pepper Locke

NCAA Settlement Faces 88 Objections as Deadline Looms

Troutman Pepper Locke on

Callan Stein, a partner in Troutman Pepper Locke’s Health Care + Life Sciences Industry Group, was quoted in the February 28, 2025 Global Competition Review article, “NCAA Settlement Faces 88 Objections as Deadline Looms.”...more

Eversheds Sutherland (US) LLP

Film Room: House and DC activity

In this week’s Film Room, we help your campus streamline third-party NIL and stay on top of news emanating from DC. House activity - The settlement’s institutional opt-in date of March 1, 2025, is just days away. Last...more

Jenner & Block

Client Alert: Title IX, “Gender Ideology,” and Recent Enforcement Activity: What Higher Education Institutions Need to Know

Jenner & Block on

Recent executive orders, federal guidance, and enforcement activity have made clear that the Trump Administration plans to interpret and apply Title IX in new and different ways. This includes an understanding of sex as an...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

Venable LLP

Understanding the Impact of Trump's Executive Orders on Independent Schools

Venable LLP on

During the first days of President Trump's second term of office, he issued executive orders rescinding many Biden-era executive orders and addressing a wide range of initiatives and issues that were a focus of his election...more

Ice Miller

Trump U.S. Department of Education Rescinds Biden Administration NIL Title IX Guidance Previewing a Contentious 2025 for Title IX

Ice Miller on

In a move that was expected, the Trump Administration’s new Department of Education (Department) rescinded the Biden Administration’s January 16, 2025, name, image, and likeness (NIL) guidance applying Title IX to NIL...more

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