News & Analysis as of

Federal Funding Department of Education

Jackson Lewis P.C.

EO Directs Future Reporting Requirements for Higher Education Institutions

Jackson Lewis P.C. on

The White House issued the “Ensuring Transparency in Higher Education Admissions” executive order (EO) on Aug. 7, 2025. The EO aims at eliminating the use of race in higher education admissions practices and revamping the...more

Husch Blackwell LLP

DOJ Issues Sweeping Memorandum on Unlawful Discrimination

Husch Blackwell LLP on

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

Ropes & Gray LLP

Effect of Changes to Title IV of the Higher Education Act in the One Big Beautiful Bill

Ropes & Gray LLP on

The “One Big Beautiful Bill Act” (the “Act”), which recently became law, makes significant changes to federal financial aid programs administered under Title IV of the Higher Education Act of 1965 (“HEA”). These changes...more

Vorys, Sater, Seymour and Pease LLP

Executive Order Seeks Balance in Student-Athlete Compensation

Yesterday, July 24, 2025, President Trump signed a new executive order aimed at preserving and expanding opportunities for collegiate student-athletes, with a focus on women’s and non-revenue sports. This order identifies...more

Cooley LLP

ED Revises Its Interpretation of 90/10 Rule

Cooley LLP on

The US Department of Education (ED) will now allow proprietary institutions to include revenue generated through distance programs in their calculations for federal student aid eligibility. On July 7, 2025, ED published...more

Cooley LLP

Big Beautiful Bill – Earnings Premium for Nonprofit and Public Universities

Cooley LLP on

On July 4, President Donald Trump signed “The Act,” commonly referred to as the “One Big Beautiful Bill,” as part of the budget reconciliation process and, among other changes, amended the Higher Education Act of 1965. While...more

Parker Poe Adams & Bernstein LLP

Title IX Legal Challenges Mount as Colleges and Universities Enter New Revenue-Sharing Landscape

Higher education institutions and student-athletes are navigating continuing uncertainty about institutional revenue-sharing payments and the Title IX implications of the landmark House v. NCAA settlement....more

Fisher Phillips

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

Fisher Phillips on

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

Parker Poe Adams & Bernstein LLP

How Federal Tax Legislation Impacts Higher Education Institutions

A sweeping new federal domestic policy bill signed into law by President Donald Trump on July 4 has serious impacts for higher education institutions related to Pell Grant eligibility, federal student loan policies, and...more

TNG Consulting

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

TNG Consulting on

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

ArentFox Schiff

An Unprecedented Semester: Higher Education Faces Challenges From Washington

ArentFox Schiff on

Running a college has never been an easy job. But as this academic year draws to a close, higher education is experiencing new challenges with potential long-lasting impacts....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

Fox Rothschild LLP

DOJ Targets DEI Programs with False Claims Act Enforcement

Fox Rothschild LLP on

The U.S. Department of Justice (DOJ) is raising the stakes with a broad new initiative targeting what it calls “illegal DEI.” In a May 19, 2025 internal memorandum, Deputy Attorney General Todd Blanche outlines a Civil Rights...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

Dorsey & Whitney LLP

The Next Front in the Administration’s Sponsored Research Crackdown: What Recipients of Federal Funding - Particularly Grantees -...

Dorsey & Whitney LLP on

The Trump Administration’s effort to remake the Federal government’s relationship with Higher Ed and research grantees continues to gather steam, and an unprecedented recent letter to Harvard presages a potentially new front:...more

Pillsbury Winthrop Shaw Pittman LLP

Executive Order on Accreditation and Injunctions of Dear Colleague Letter Impact DEI in Higher Education

A recent executive order attacks DEI accreditation standards as courts block enforcement of the Department of Education’s Dear Colleague Letter on race. On April 23, 2025, President Trump issued Executive Order 14279 (EO)...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

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

Executive Order Targets Accreditors That Impose DEI Requirements on Colleges

On April 23, 2025, President Donald Trump issued an executive order to stop accrediting organizations from including diversity, equity, and inclusion (DEI) requirements as part of accreditation standards....more

Marshall Dennehey

Legal Update for Special Education Law – Updates from the Pennsylvania Department of Education - May 2025

Marshall Dennehey on

A New Initiative to Support Transition from Early Intervention to Kindergarten - The Pennsylvania Department of Education (PDE) and the Pennsylvania Department of Human Services (DHS) jointly launched a new initiative known...more

Cozen O'Connor

Democratic AGs Sue to Protect States’ Access to Federal Education Funds

Cozen O'Connor on

A group of 19 Democratic AGs filed a lawsuit to block the U.S. Department of Education (DOE) from enforcing a directive conditioning federal education funding on certification that state and local education agencies will not...more

Polsinelli

White House Issues New Executive Order on HBCUs: What You Need to Know

Polsinelli on

On April 23, 2025, President Donald Trump signed an executive order entitled “White House Initiative to Promote Excellence and Innovation at Historically Black Colleges and Universities.” The purpose of the order is to make...more

Littler

Executive Order Tracker - April 2025

Littler on

Littler's Executive Order Tracker is your go-to resource for staying up to date on all executive orders and actions issued by the Trump administration. We are tracking every order, analyzing its impact, and providing...more

Holland & Knight LLP

Education Dept. Prioritizes Foreign Gifts and Contracts Enforcement for Colleges, Universities

Holland & Knight LLP on

The Trump Administration stated last week that it will prioritize compliance and enforcement against colleges and universities with respect to the U.S. Department of Education (ED)'s foreign gift, contract and ownership...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

Dorsey & Whitney LLP

President Trump on Campus: New Higher Education Executive Orders

Dorsey & Whitney LLP on

Higher educational institutions have experienced outsized attention in the early days of the second Trump Administration. A trio of three recent executive orders suggests that the Administration’s focus on higher education is...more

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