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Read need-to-know updates, commentary, and analysis on Education issues written by leading professionals.
McDonald Hopkins

Revenue sharing or restrictive employment? The hidden legal risks in college athletes’ NIL contracts

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The House v. NCAA settlement—finalized in June 2025—was celebrated as a watershed moment for college athletes. For the first time, Division I schools could share revenue directly with their players, with an initial cap of...more

Thompson Coburn LLP

Higher Education Litigation Summary: February 2026

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Welcome to the February 2026 edition of Thompson Coburn’s Higher Education Litigation Summary, your resource for timely legal updates on key rulings and ongoing cases shaping the higher education sector. Bold text indicates...more

Parker Poe Adams & Bernstein LLP

U.S. Department of Education Recasts School Prayer Guidance: What the 2026 Update Means for Public Schools

On February 5, 2026, the U.S. Department of Education issued new "Guidance on Constitutionally Protected Prayer and Religious Expression in Public Elementary and Secondary Schools," replacing its 2023 guidance. ...more

McGuireWoods LLP

OFAC Enforcement Action Against Academic Institution Provides Important Compliance Guidance

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On February 12, 2026, Treasury’s Office of Foreign Assets Control (OFAC) announced the settlement of an enforcement action against IMG Academy (“IMG”) that highlighted the sanctions risks that U.S. academic institutions face...more

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

Fourth Circuit’s Narrow Ruling on Anti-DEI Executive Orders Leaves Employers With Broad Questions

On February 6, 2026, the U.S. Court of Appeals for the Fourth Circuit issued a narrow ruling in National Association of Diversity Officers in Higher Education v. Trump, vacating a preliminary injunction that had blocked...more

Troutman Pepper Locke

'Desk Drawer Roundup': NIL Contract Fights, Eligibility Battles, and the CSC Participation Agreement — Highway to NIL Podcast

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In this episode of Highway to NIL, Troutman Pepper Locke attorney Cal Stein is joined by colleagues Mike Lowe, Philip Nickerson, George Pla, and Derek Centola for a "desk drawer" tour through some of the most consequential...more

Saul Ewing LLP

Fourth Circuit Lifts Injunction on DEI Executive Orders

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On February 6, 2026, the Fourth Circuit vacated a preliminary injunction which had been in place for nearly a year and which enjoined enforcement of several provisions of two Executive Orders: "Ending Radical and Wasteful...more

Bradley Arant Boult Cummings LLP

OFAC Enforcement Action Against IMG Academy, LLC: Implications for Schools, Universities, and Other Academic Institutions

On February 12, 2026, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced an enforcement action against IMG Academy, LLC, a school and athletic training facility headquartered in Bradenton,...more

Kerr Russell

MHSAA Expands NIL/PBA Regulations: Key Changes and Practical Guidance

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Last month, the Michigan High School Athletic Association (MHSAA) approved significant updates to its Name, Image, and Likeness (NIL) regulation, which is commonly referred to as the Personal Branding Activities (PBA) rule. ...more

Phelps Dunbar

How Blocking College Transfer Interference Protects Program and Player Futures

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A Power Four university football coach recently opined that the problem with the current transfer environment is that there are no consequences when competitors interfere with players already under contract. He produced...more

K&L Gates LLP

Narco Traffickers in the Classroom—and Whistleblowers at the Gate

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OFAC's US$1.7 Million IMG Academy Settlement and FinCEN's New Whistleblower Portal Signal a Sharpened Enforcement Environment...more

Husch Blackwell LLP

Iowa Every Student Succeeds Act Waiver Approved by U.S. Department of Education

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On January 7, 2026, the U.S. Department of Education (the “Department”) approved Iowa’s “Returning Education to the States Waiver,” making Iowa the first state to receive such approval. This waiver frees Iowa from several...more

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

Texas Freezes Filing of New H-1B Petitions by State Agencies and Public Institutions of Higher Education

On January 27, 2026, Texas Governor Greg Abbott issued a letter directing Texas state agencies controlled by gubernatorially appointed heads and public institutions of higher education to freeze the initiation or filing of...more

Hogan Lovells

U.S. Department of Education seeks comment on new federal student loan rules

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On January 30, 2026, the U.S. Department of Education (ED) published a Notice of Proposed Rulemaking (NPRM) that would implement the July 4, 2025 One Big Beautiful Bill Act’s (OBBBA) changes to federal student financial aid...more

Bass, Berry & Sims PLC

OFAC Enforcement Update: $1.72M Settlement Highlights Screening Gaps in Education, Similar Sectors

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On February 12, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced a $1.72 million settlement with IMG Academy, LLC (IMG) arising from apparent violations of OFAC’s counternarcotics...more

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

Third Circuit Finds Zip Codes May Be Impermissible Proxy for Race in Selective High School Admissions

On February 2, 2026, in Sargent v. School District of Philadelphia, the U.S. Court of Appeals for the Third Circuit reversed a lower court’s grant of summary judgment for the School District of Philadelphia, which faced...more

TNG Consulting

Community Referrals: Helping Stakeholders to Know When and How to Report

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Creating a community that is confident in recognizing concerns and making referrals to the Behavioral Intervention Team (BIT) does not happen by accident. The BIT should provide clear education, consistent messaging, and...more

TNG Consulting

Title IX Mandated Reporting Policy Best Practices: Designating Additional Confidential Employees at Your College or University

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Although the Title IX Regulations are prescriptive in many ways, one of the ways that college and universities retain some level of flexibility is with the designation of confidential employees—employees who, for the purposes...more

Dentons

2026 Iowa Legislative Session – Week Five

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The Iowa Legislature is once again on track to set records in 2026. Current bill introductions match the pace of last year’s record-breaking number of bill introductions, and the current subcommittee count is just shy of...more

Clark Hill PLC

School Cell Phone Ban, Policy Requirements to Take Effect for 2026-2027

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On Tuesday, Feb. 10, 2026, Governor Gretchen Whitmer signed House Bill 4141 into law, which requires school boards to implement a policy prohibiting students from using cell phones (referred to as “wireless communication...more

Mayer Brown

The Current Immigration Reality for Academic Institutions: Compliance, Cost, and Continuity

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The Trump Administration has fundamentally reshaped the US immigration landscape for employers, institutions, and organizations across sectors, with higher education squarely in the crosshairs. Universities and colleges are...more

Fisher Phillips

2026 Updated FAQs and Immigration Enforcement Guidance For K-12 Schools

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Increased immigration enforcement in Minnesota, Maine, and beyond is raising concerns for K-12 private and independent schools. In order to safeguard students and staff while ensuring legal compliance, you should proactively...more

Fisher Phillips

Department of Education Drops Defense of Anti-DEI Guidance for Colleges: 3 Things Higher Ed Institutions Should Do

Fisher Phillips on

The US Department of Education recently abandoned its legal defense of controversial guidance that sought to ban DEI programs at colleges and universities nationwide. On January 21, the Department quietly dismissed its appeal...more

Bricker Graydon Wyatt LLP

[Webinar] Informal Resolution (Free Title IX In Focus Series) - February 26th, 1:00 pm - 2:00 pm ET

Join us for an insightful one-hour webinar on Title IX Informal Resolution, where we will explore the benefits, challenges, and best practices for managing informal resolutions in educational institutions. We will also...more

Miller Canfield

Michigan Enacts Statewide Classroom Cell Phone Ban for K–12 Public Schools Beginning 2026–27

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On Feb. 10, 2026, Michigan Governor Gretchen Whitmer signed House Bill 4141 and Senate Bill 495 into law, creating a statewide ban on student cellphone use in public schools during K–12 classroom instructional time beginning...more

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