News & Analysis as of

Dear Colleague Letter

Cooley LLP

HUD Clarifies Scope of Fair Housing Act’s Steering Prohibition for Real Estate Professionals

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The Department of Housing and Urban Development (HUD) issued a “Dear Colleague” letter to real estate professionals clarifying that sharing crime or school quality information with prospective homebuyers or renters is not a...more

Thompson Coburn LLP

Higher Education Litigation Summary: April 2026

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Welcome to the April 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

Baker Donelson

DEI in Higher Education: Courts Push Back, Enforcement Pushes Forward

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Last year, higher education institutions were met with executive orders, a "Dear Colleague" letter, state and local legislation, and agency guidance that impacted their efforts related to diversity, equity, and inclusion...more

Holland & Knight LLP

Holland & Knight Health Dose: March 24, 2026

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Amid the uncertainty over whether a funding deal will be reached, healthcare hearings will continue despite the impasse this week, with congressional committees scheduled to hold a variety of healthcare-focused hearings,...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

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

Fisher Phillips

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

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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

Jackson Lewis P.C.

A Year After the February 14, 2025 USDOE Dear Colleague Letter and Title VI Coordinator Best Practice Issues

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One year after the DOE’s Dear Colleague Letter, institutions are still wrestling with the shifts in federal enforcement priorities redefining what Title VI compliance means. Jackson Lewis’ Carol Ashley and Dani Bland...more

Alston & Bird

President Signs 2026 Spending Package to End Brief Shutdown; Trump Administration Launches TrumpRX

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On February 2, 2026, the Health Resources and Services Administration (HRSA) released a request for public comment entitled, Request for Public Comment on the Updated Criteria for Determining Maternity Care Health...more

Bond Schoeneck & King PLLC

Trump Administration Drops Appeal to Defend Dear Colleague Letter on DEI – Implications for Higher Education Institutions

The U.S. Department of Education, on Jan. 21, 2026, withdrew its appeal to the U.S. Court of Appeals for the Fourth Circuit aimed at defending its anti-DEI Dear Colleague Letter issued last year. The Trump Administration’s...more

Saul Ewing LLP

The U.S. Department of Education Agrees to Dismiss Dear Colleague Letter Appeal: What This Means for Your Campus

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On January 21, 2026, the United States Department of Education ("ED" or the "Department") stipulated to the dismissal of its appeal in American Federation of Teachers, et al v. U.S. Department of Education, which had been...more

Potomac Law Group, PLLC

Navigating Education DEI Programs After Trump Administration Withdraws Appeal

The Trump Administration has withdrawn its appeal in a lawsuit challenging the Department of Education’s efforts to curtail diversity, equity, and inclusion (DEI) programs in school districts and colleges throughout the...more

Thompson Coburn LLP

Higher Education Litigation Summary: January 2026

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We are pleased to share the new 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. ...more

DLA Piper

Congressional Robotics Caucus

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The Congressional Robotics Caucus was relaunched and expanded in 2025 as a bipartisan effort to educate members of Congress about the potential of robotics and its connection to artificial intelligence (AI). ...more

Pillsbury Winthrop Shaw Pittman LLP

Federal Court Vacates Education Department’s Dear Colleague Letter on DEI: What Schools, Colleges, and Contractors Need to Know

Following the vacatur of the Department of Education’s anti-DEI guidance, institutions receiving federal education funds may want to reevaluate compliance frameworks, policy positions, and academic governance under clarified...more

Sands Anderson PC

Federal Court Vacates the U.S. Department of Education’s Nondiscrimination Guidance

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What began with the U.S. Department of Education’s (DOE) February 2025 Dear Colleague Letter has now unraveled into injunctions, stays, and ultimately a ruling that voided the guidance and its certification requirements...more

Littler

Federal Court Invalidates DOE’s Title VI Guidance—Key Implications for DEI Compliance

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On August 14, 2025, the U.S. District Court for the District of Maryland issued a significant decision in American Federation of Teachers v. U.S. Department of Education, holding that the Department’s demand that states and...more

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

Maryland Federal District Court Blocks Education Department’s Moves Against DEI Programs

On August 14, 2025, the U.S. District Court for the District of Maryland ruled that the U.S. Department of Education violated the Administrative Procedure Act (APA) and the U.S. Constitution when it did not follow proper...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

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

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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

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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

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