News & Analysis as of

Educational Institutions Students for Fair Admissions v Harvard College Department of Education

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

FordHarrison

Federal Courts Temporarily Block Enforcement of U.S. Department of Education "Dear Colleague Letter" Barring "Illegal DEI" in...

FordHarrison on

On April 24, 2025, Judges Landya McCafferty and Stephanie Gallagher, sitting in the United States District Courts in New Hampshire and Maryland, respectively, issued rulings blocking the U.S. Department of Education (DOE)...more

Clark Hill PLC

Federal courts block Title VI certification requirement

Clark Hill PLC on

On April 24, the United States District Court for the District of Columbia blocked the U.S. Department of Education’s (USDOE) efforts to enforce its interpretation of Title VI and its associated certification requirement. The...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

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

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

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

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

Venable LLP

DEI and Potential False Claims Act Liability in Higher Education

Venable LLP on

Imagine you're sitting in a conference room with a group of administrators and staff across various schools and departments, discussing budgetary constraints, campus resources, and student group initiatives—a day like any...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

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

Littler

U.S. Department of Education’s New “Dear Colleague” Letter Targets DEI Programs and Signals New Era of Title VI Enforcement

Littler on

On February 14, 2025, the U.S. Department of Education’s Office for Civil Rights (OCR) released a “Dear Colleague” Letter (DCL) and emailed it to K-12 and post-secondary educational institutions around the country. The DCL...more

Miller Nash LLP

Challenges for Education Institutions Continue: New “Dear Colleague Letter” Targets Educational Equity Efforts

Miller Nash LLP on

On Friday, February 14, 2025, the United States Department of Education (DOE) Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) setting out its interpretation of Title VI of the Civil Rights Act of 1964,...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

Woods Rogers

Dear Colleague: Watch Out

Woods Rogers on

In a tersely worded “Dear Colleague” letter dated February 14, 2025 (pdf), the U.S. Department of Education’s Office of Civil Rights (OCR) signaled its intent to combat “pervasive and repugnant race-based preferences and...more

Alston & Bird

DEI on Campus: These Invitations Claim Rigorous Hope

Alston & Bird on

How can colleges and universities respond to the U.S. Supreme Court’s Students for Fair Admissions decision? Alston & Bird and Huron Consulting offer strategies institutions can use to retain their diversity, equity, and...more

Faegre Drinker Biddle & Reath LLP

U.S. Department of Education Publishes Guidance on Permissible Strategies to Increase Diversity and Opportunity in Higher...

In the wake of the U.S. Supreme Court’s decision in Students for Fair Admissions, many postsecondary institutions have engaged in a review of their recruiting, admissions, and other policies and procedures. To guide...more

Bowditch & Dewey

Biden Administration Provides Guidance for Admissions Policies in the Wake of Students for Fair Admissions v. Harvard

Bowditch & Dewey on

On June 29, the U.S. Supreme Court issued the decision in Students for Fair Admissions vs. President and Fellows of Harvard College, which ruled that an applicant’s race, by itself, cannot be considered as part of who should...more

Jackson Lewis P.C.

U.S. Department of Education Office Publishes Guidance on Race in Admissions, School Programming

Jackson Lewis P.C. on

The U.S. Department of Education Office for Civil Rights (OCR) and the U.S. Department of Justice Civil Rights Division have published a joint Dear Colleague Letter (Joint OCR and DOJ DCL) that, together with a Q&A, provides...more

Fisher Phillips

Department of Education Provides DEI Guidance After SCOTUS Affirmative Action Ruling: 4 Things Colleges and Universities Need to...

Fisher Phillips on

Colleges and universities can still take steps to foster diverse and inclusive campuses — even after the Supreme Court’s decision severely limiting race-conscious admissions in education, according to the latest guidance from...more

Holland & Knight LLP

Departments of Education, Justice Publish Initial Affirmative Action Decision Guidance

Holland & Knight LLP on

As it promised in June, the Biden Administration published much-anticipated federal guidance on higher education admissions on Aug. 14, 2023. The U.S. Department of Education's Office for Civil Rights (ED) and U.S. Department...more

Pillsbury Winthrop Shaw Pittman LLP

Biden Administration Issues Guidance to Universities on Implementing Supreme Court Affirmative Action Ruling

A Department of Education letter and Q&A document outlines lawful ways for universities to promote diverse student bodies. Higher education institutions are urged to “redoubl[e] efforts to recruit and retain” students...more

WilmerHale

Biden Administration Provides Guidance on Advancing Diversity in Higher Education Following the Supreme Courts Decision in...

WilmerHale on

On August 14, 2023, the Biden Administration released its first guidance on how institutions of higher education may lawfully pursue efforts to recruit and admit diverse student bodies in light of the Supreme Court’s recent...more

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