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Constitutional Challenges Department of Education

Partridge Snow & Hahn LLP

Higher Ed: New Lawsuit Challenges Federal Grant Program for Hispanic-Serving Institutions - Partridge Snow & Hahn

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

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

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

Franczek P.C.

100 Days In: Where Do Things Stand?

Franczek P.C. on

Last week marked President Trump’s 100th day in office for his second term. As we have reported over the course of the past few months, the first 100 days of the second Trump administration have been active, with many new...more

McGuireWoods LLP

Executive Order Seeks Reform of Higher Education Accreditors’ Processes

McGuireWoods LLP on

On April 23, 2025, the White House issued an executive order directing the Secretary of Education to investigate and hold accountable accreditors of institutions of higher education that engage in unlawful discriminatory...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

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

Franczek P.C.

Title IX and Title VI Enforcement Continues, “Dear Colleague” Pause for Some, and SCOTUS Hears LGBTQ Curriculum Challenge

Franczek P.C. on

We took the week off from our Week in Review alert last week as it was a (relatively) slow week. However, as it tends to happen after a slow week, developments picked back up this week....more

Whiteford

Client Alert: Title IX vs. States' Rights: Who Will Win?

Whiteford on

Since January, multiple fundamental developments have dramatically altered the Title IX landscape, signaling a seismic shift in its interpretation and enforcement. These developments include a rapidly escalating and public...more

Whiteford

Client Alert: What’s to Become of Title IX?

Whiteford on

Since January, multiple fundamental developments have dramatically altered the Title IX landscape, signaling a seismic shift in its interpretation and enforcement. These developments include a rapidly escalating and public...more

Lathrop GPM

Dept. of Education Certification Requirement Tied to “Antidiscrimination Obligations” for Continued K-12 Federal Funding

Lathrop GPM on

On April 3, 2025, the U.S. Department of Education (ED) issued a press release announcing the ED sent certification letters to state commissions that oversee K-12 State Education Agencies (SEAs), charging SEAs with the...more

Brooks Pierce

Trump Administration’s Efforts to Dismantle the U.S. Department of Education

Brooks Pierce on

Executive Order Asserting that “the experiment of controlling American education through Federal programs and dollars” has “plainly failed our children,” on March 20, 2025, President Trump signed an Executive Order directing...more

Lathrop GPM

Executive Order Closing the Department of Education Faces Legal and Congressional Barriers

Lathrop GPM on

President Trump has signed an Executive Order titled, “Improving Education Outcomes by Empowering Parents, States, and Communities,” directing the Secretary of Education to close the Department of Education to the “maximum...more

Polsinelli

DEI-Related Executive Orders Move Forward After Fourth Circuit Grants Stay of Preliminary Injunction; Federal Agency Actions

Polsinelli on

On March 14, 2025, the Fourth Circuit Court of Appeals issued a stay of the U.S. District Court’s preliminary injunction, which will allow the Trump administration to continue enforcing the Executive Orders (EOs) related to...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

Pillsbury Winthrop Shaw Pittman LLP

Anti-DEI Executive Orders Are Enforceable, for Now, After Fourth Circuit Lifts Preliminary Injunction

The U.S. Court of Appeals will expedite its review of appeal of preliminary injunction. On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit granted the Government’s motion for a temporary stay of a district...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

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

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

U.S. Department of Education’s ‘Dear Colleague’ Letter Prohibiting DEI and FAQs Document Challenged in Federal Court

On March 5, 2025, the National Education Association (NEA) and its New Hampshire affiliate (NEA-NH) sued the U.S. Department of Education, challenging a recently issued “Dear Colleague Letter” (DCL) that informed schools that...more

Ballard Spahr LLP

Federal Court Refuses to Lift Preliminary Injunction Blocking DEI Executive Orders, While EEOC, USDOE, and State AGs Address DEI...

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Last week brought further developments related to the Trump administration’s efforts to curtail what it views as illegal diversity, equity, and inclusion (DEI) initiatives....more

CDF Labor Law LLP

Enforcement Strategy Against DEI In Education and Private Sector Outlined in New Executive Order and U.S. Department of Education...

CDF Labor Law LLP on

Despite the issuance of a sweeping national federal court injunction against President Donald Trump’s January 20, 2025 and January 21, 2025 Executive Orders that seek to eliminate diversity, equity and inclusion (“DEI”)...more

Steptoe & Johnson PLLC

The Trump Effort to Close USDOE

Steptoe & Johnson PLLC on

The Wall Street Journal reported on Wednesday, March 5, 2025, that it had reviewed a draft executive order directing Secretary Linda McMahon to take all necessary steps to facilitate the closure of the Department of Education...more

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