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Administrative Procedure Act Department of Education

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

Foley Hoag LLP

The First 100 Days and Higher Education: Litigation Roundup

Foley Hoag LLP on

In this alert, we discuss key provisions of the orders and actions implicating the higher education sector and the lawsuits challenging them (building on our previous analysi...). We have grouped these actions based on their...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

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

Federal Judge in New Hampshire Grants Preliminary Injunction Blocking Education Department’s DEI Letter

On April 24, 2025, a federal judge of the U.S. District Court for the District of New Hampshire largely blocked the U.S. Department of Education from cutting funding for schools that refuse to drop diversity, equity, and...more

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

Blank Rome LLP

Supreme Court Lifts Restraining Order on Grant Terminations

Blank Rome LLP on

The Supreme Court recently issued a ruling with significant impacts for federal contractors and grantees looking to challenge terminations of their contracts and grants in U.S. district courts. Terminated contractors and...more

Polsinelli

SCOTUS Ruling: Freezing $65 Million in Teacher Grants Amid DEI Controversy

Polsinelli on

On April 4, 2025, the United States Supreme Court granted an emergency application to vacate the First Circuit Court of Appeals’ March 10 temporary restraining order (TRO) in the case of Department of Education v. California....more

Epstein Becker & Green

When is a TRO Treatable as a Preliminary Injunction? - SCOTUS Today

While not a decision on the merits, the U.S. Supreme Court’s opinion on April 4, 2025, in Department of Education v. California is worth considering....more

McCarter & English Blog: Government Contracts...

In the Wake of High-Profile Terminations of Grants and Cooperative Agreements, Courts Begin to Weigh In

Over the past few months, the second Trump administration has taken quick actions to suspend and terminate federal awards predating the transition of power. Many of these actions have resulted in the termination of “federal...more

Cozen O'Connor

Democratic AGs Challenge Education Dept Cuts

Cozen O'Connor on

A group of 21 Democratic AGs filed a lawsuit in federal court challenging the Reduction in Force (RIF) announced by the Department of Education (DOE). The complaint alleges that the DOE’s RIF usurps legislative authority in...more

Cooley LLP

Shifting Guidance and Widespread University Investigations – The Trump Administration’s Aggressive First Moves Enforcing Title VI...

Cooley LLP on

The US Department of Education (ED) recently announced two separate groups of enforcement investigations to assess university compliance with civil rights obligations. The first, announced on March 10, includes 60 colleges...more

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

Significant Workforce Reductions at the U.S. Department of Education and Their Potential Implications

On March 11, 2025, the U.S. Department of Education announced that it would initiate a reduction in force (RIF), affecting nearly 50 percent of its workforce. ...more

Faegre Drinker Biddle & Reath LLP

Mass Layoffs at the U.S. Department of Education: Impacts on Higher Education

Overview - On March 11, 2025, the Department of Education (ED or the Department) effectively fired a substantial portion of its employees, marking a significant step in what Secretary Linda McMahon has called the...more

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

20 States and District of Columbia Sue Over U.S. Department of Education Mass Layoff

On March 13, 2025, twenty states and the District of Columbia sued the Trump administration to stop its plans to cut the U.S. Department of Education’s workforce by roughly half. The case is in the U.S. District Court for the...more

Ballard Spahr LLP

Eighth Circuit Broadens Injunction Prohibiting Implementation of SAVE Federal Student Loan Repayment Plan, Calls Into Question...

Ballard Spahr LLP on

On February 18, 2025, the U.S. Court of Appeals for the Eighth Circuit—following up on its August 2024 unsigned order—resolved an expedited appeal concerning a district court injunction preventing the U.S. Department of...more

Husch Blackwell LLP

Title IX Litigation Tracker: 2024 Title IX Regulations Vacated by District Court

Husch Blackwell LLP on

The legal saga surrounding the 2024 Title IX Regulations reached a new peak earlier this month. On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky granted summary judgment in favor of the...more

Husch Blackwell LLP

Federal District Court Vacates 2024 Title IX Regs

Husch Blackwell LLP on

On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky vacated the Biden administration’s 2024 Title IX regulations. The vacatur applies nationwide, meaning the 2020 Title IX final rule and Title IX...more

Miles & Stockbridge P.C.

Federal Court Strikes Down 2024 Title IX Regulations, So Back to 2020 We Go

A federal judge in Kentucky on Thursday ruled the 2024 Title IX regulations were “arbitrary and capricious” and in violation of the Administrative Procedures Act (APA). Unlike other courts that had issued injunctions...more

Bricker Graydon LLP

2024 Title IX Regulations Vacated by Federal Court

Bricker Graydon LLP on

On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky issued a ruling in which it vacated the 2024 Title IX regulations that went into effect in many states on August 1, 2024....more

TNG Consulting

It Appears the 2024 Title IX Regulations Are Done

TNG Consulting on

An ATIXA Tip of the Week - Today, a federal district court in Kentucky issued a ruling in Tennessee vs. Cardona, one of the several lawsuits against the 2024 Title IX Regulations. This particular lawsuit was filed in the...more

WilmerHale

United States Asks The Supreme Court To End “Universal” Preliminary Relief Under the Administrative Procedure Act

WilmerHale on

A new petition for certiorari filed by the United States urges the Supreme Court to stop lower courts from ordering “universal” preliminary relief under the Administrative Procedure Act (APA). In recent years, the federal...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Rejects Education Department’s Bid to Stay Injunctions Barring Enforcement of New Title IX Rules

The Court’s decision leaves in place injunctions barring ED from enforcing the new regulations in over 20 states and against nearly 700 institutions of higher education. The Education Department (ED) released new Title IX...more

Franczek P.C.

Chevron Overturned, Federal Agency Deference Over: Impact of Loper Bright on Regulations Affecting Employers and Educators

Franczek P.C. on

On June 28, 2024, in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court overturned Chevron v. Natural Resources Defense Council, upending 40 years of judicial precedent holding that federal courts should defer to...more

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