The Labor Law Insider - Recent U.S. Supreme Court, NLRB Decisions Highlight Labor Issues in Higher Education, Part II
On June 14, 2025, Minnesota Governor Tim Walz signed legislation amending state laws regarding protections for pregnant and parenting students and campus sexual misconduct policies. ...more
A new lawsuit will test the legality of grant programs of the U.S. Department of Education for colleges and universities, charging that these programs unlawfully discriminate based on race or ethnicity....more
On May 19, the Department of Justice (DOJ) announced via a memo titled “Civil Rights Fraud Initiative” (the Memo) an initiative to use the False Claims Act (FCA) against federal contractors and recipients of federal funds...more
On May 5, 2025, the Department of Education (ED) released a “Request for Institutions to Provide Repayment Information to Former Students to Prevent Defaults” (GEN-25-19). Noting that “only 38% of Direct Loan and...more
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
On May 6, 2025, the U.S. Department of Health and Human Services (HHS) issued a Dear Colleague Letter on Nondiscrimination Requirements for Medical Schools on the Basis of Race, Color, and National Origin pursuant to Students...more
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
Following hundreds of challenges in federal court by students, universities and colleges, U.S. Immigration and Customs Enforcement (ICE) has reversed course on terminating the legal status of thousands of international...more
On April 23, President Donald Trump issued an executive order aimed at overhauling the federal system of accreditation for higher education institutions. ...more
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
On April 23, 2025, President Donald Trump signed an Executive Order (EO) entitled “Transparency Regarding Foreign Influence at American Universities” and issued an accompanying Fact Sheet. The EO rekindles initiatives from...more
On April 23, 2025, President Trump issued an Executive Order, “Reforming Accreditation to Strengthen Higher Education.” This Executive Order would require agencies that currently accredit colleges and universities to overhaul...more
On April 23, 2025, President Trump signed an Executive Order aimed at increasing transparency with respect to foreign funding at U.S. colleges and universities. This move comes in response to what the Administration has...more
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
On April 23, 2025, President Trump issued an executive order (the “Executive Order”) directing the Secretary of Education to investigate and hold accountable accreditors of institutions of higher education (“IHEs”) that...more
Both Congress and the White House have sought to introduce new financial restrictions for institutions of higher education, building on efforts made during President Trump’s first term. These proposed restrictions include...more
As the entire public and private sector adjust to the Trump Administration's attack on programs focused on diversity, equity, and inclusion ("DEI"), colleges and universities are in a difficult position. Like federal...more
The bipartisan Stop Campus Hazing Act, which went into effect on January 1, 2025, imposes new federal requirements on colleges and universities nationwide, obligating them to track, report, and publicly disclose hazing...more
In a recent policy shift, the U.S. Department of Education (DOE) agreed in a court filing to end its plan to impose additional regulations on third-party service providers (TPSPs) contracting with colleges and universities....more
The Biden-Harris Administration on Oct. 24, 2023, issued final rules detailing important obligations for higher education institutions that receive federal funding. (Codified at 34 C.F.R. § 668 et seq.) The final regulations...more
Congressional Republicans are increasingly focused on ensuring that U.S. colleges and universities are properly disclosing gifts and contracts from foreign sources under Section 117 of the Higher Education Act of 1965, 20...more
Our Education Team studies how a change to the 90/10 Rule will affect how for-profit institutions will count federal funding in the 90/10 calculation. The Moran–Carper Amendment to the American Rescue Plan significantly...more
This advisory summarizes Section 117 requirements and enforcement, highlights key aspects of the updated guidance, and identifies considerations for higher education institutions given the U.S Department of Education’s...more
To increase enrollments and lower operating costs, many colleges and universities oftentimes partner with outside companies to provide portions of their academic programs online or on-campus. Serious legal risks may arise...more
The U.S. Department of Homeland Security announced the withdrawal of proposed new rules that would have limited the time that individuals entering the U.S., including international students, could remain in the country,...more