News & Analysis as of

Dear Colleague Letter

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

Steptoe & Johnson PLLC

A Traditional Approach for Higher Ed's Challenging Legal Environment

The Trump administration has deluged higher education with an avalanche of executive orders, Dear Colleague letters, and social media posts since January 20. Advocacy groups have responded with litigation in dozens of courts...more

Latham & Watkins LLP

Week 15 in Review: Immigration, Tariffs, and Civil Rights

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The Trump administration continued its focus on immigration and indicated progress in trade talks as this week marked the end of its first 100 days....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

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

Lathrop GPM

Department of Education Certification Requirement Enforcement Date Extended to April 24

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On April 9, an agreement was reached in a New Hampshire federal court blocking the U.S. Department of Education (ED) from taking any enforcement action under the February 14 “Dear Colleague” Letter (DCL) or the April 3 ED...more

Roetzel & Andress

U.S. Department of Education Title VI Certification Requirement

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On April 3, 2025, the U.S. Department of Education (USDOE) sent a letter to state education agencies (SEAs) requiring them to certify compliance with federal civil rights laws, including Title VI of the Civil Rights Act of...more

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

Wisconsin Court of Appeals Finds Taxpayer-Funded College Grant Program to Be Unconstitutional

On February 26, 2025, the Wisconsin Court of Appeals, District II, determined that a program that provided taxpayer-funded educational grants to financially needy students of specific racial, national origin, and ancestry...more

Fisher Phillips

Will My School Face Investigation? Feds Announce Race-Based Investigations Into 52 Higher Education Institutions

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A federal civil rights agency just announced that it will be investigating more than 50 higher ed institutions to determine whether they violated federal law by making race-based decisions in their graduate and scholarship...more

Franczek P.C.

Week in Review – Major Announcement from the Department of Education, Continued Agency Changes, and More DEI Related Actions

Franczek P.C. on

Headlines this week largely focused on the Department of Education, and rightfully so. As announced on Tuesday, President Trump’s administration terminated over 1,300 Department of Education employees this week – nearly 50%...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

Franczek P.C.

Week in Review: Major Announcements from the Department of Education, Challenges to Anti-DEI Actions, Board Member Reinstatement...

Franczek P.C. on

We reported last week that the pace of executive orders coming from the new presidential administration had begun to slow. While, overall, the rate does still appear to be slowing, this week has been a notable one....more

Bricker Graydon LLP

U.S. Department of Education releases FAQ for February 14th Dear Colleague Letter

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On March 1, 2025, the U.S. Department of Education (the Department) released a Frequently Asked Questions (FAQ) document in connection with the February 14 Dear Colleague Letter (DCL). This document aims to clarify how...more

Dorsey & Whitney LLP

U.S. Department of Education’s Guidance Clarifies Discriminatory Activities Subject to Investigation and Funding Consequences

Dorsey & Whitney LLP on

Following its February 14, 2025, “Dear Colleague Letter,”outlining DEI programs that could result in a loss of federal funding by February 28, 2025, the U.S. Department of Education, Office of Civil Rights (the “Department”)...more

Pullman & Comley - School Law

OCR, DEI and Connecticut Schools – Sorting Through a Legal Minefield

If nothing else, the early days of the Trump administration 2.0 have been a whirlwind of legal activity.  Diversity, equity and inclusion efforts have of course been at the forefront and on February 14, 2025 the federal...more

Shipman & Goodwin LLP

OCR Issues “Dear Colleague” Letter on Racial Discrimination

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On February 14, 2025, the United States Department of Education, Office for Civil Rights (OCR) issued guidance clarifying how the Department will interpret federal laws that prohibit schools and other entities receiving...more

Quarles & Brady LLP

Office for Civil Rights Issues “Dear Colleague” Letter Aimed At Curbing Race-Based Decisions and Benefits At Federally Funded...

Quarles & Brady LLP on

On Friday, February 14, 2025, the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued a “Dear Colleague” letter advising federally funded schools that it considers any decisions or benefits based on race,...more

Fisher Phillips

Education Department Kicks Off New Era of Title VI Discrimination Enforcement: What Your School Must Know + 5 Steps to Take Now

Fisher Phillips on

Starting today, the U.S. Department of Education will crack down on “overt and covert racial discrimination” in educational institutions receiving federal funding, according to a February 14 “Dear Colleague” letter issued by...more

Bowditch & Dewey

U.S. Department of Education to Enforce 2020 Title IX Regulations

Bowditch & Dewey on

On Friday, January 31, 2025, the U.S. Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) clarifying that, effective immediately, OCR will enforce Title IX in accordance with the 2020...more

Faegre Drinker Biddle & Reath LLP

U.S. Department of Education Issues ‘Dear Colleague’ Letter That Reflects an Expansion of Title VI Under Students for Fair...

Overview of the Dear Colleague Letter On February 14, 2025, the Office for Civil Rights (OCR) of the U.S. Department of Education (ED or the Department) issued a Dear Colleague Letter (DCL) regarding the nondiscrimination...more

Pillsbury Winthrop Shaw Pittman LLP

Federal Court Issues Preliminary Injunction against Anti-DEI Executive Orders

Despite court ruling, educational institutions face continuing enforcement uncertainty pursuant to the February 14 “Dear Colleague Letter” issued by the Department of Education - On February 21, 2025, a federal court in...more

Warner Norcross + Judd

Title IX Makeover Shakes Up Colleges and Universities

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In the last several weeks, three seismic events have altered the Title IX compliance landscape for colleges and universities around the country: A federal district court’s vacation of the Biden administration’s 2024 Title IX...more

Troutman Pepper Locke

OCR’s Directive on Race-Conscious Policies in Higher Education

Troutman Pepper Locke on

On February 14, the U.S. Department of Education Office for Civil Rights (DOE) issued a Dear Colleague Letter (DCL), which calls for educational institutions to immediately cease race-conscious practices in student...more

Saul Ewing LLP

Department of Education’s February 14 Dear Colleague Letter on Title VI and Equal Protection: Overview, Open Issues, and...

Saul Ewing LLP on

INTRODUCTION - On February 14, 2025, the Acting Assistant Secretary for Civil Rights (the “Assistant Secretary”) at the United States Department of Education (the “Department”) circulated a Dear Colleague Letter (the “DCL”)...more

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