News & Analysis as of

Department of Education

Orrick, Herrington & Sutcliffe LLP

Congressional Research Service publishes overview of federal student loan origination fees

On January 9, the Congressional Research Service (CRS) published an overview examining the history and legislative evolution of federal student loan origination fees. The article provided that the U.S. Secretary of Education...more

Hogan Lovells

U.S. Department of Education launches new portal and “Public Transparency Dashboard” related to Section 117 foreign gift and...

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On January 2, 2026, the U.S. Department of Education (ED) confirmed in an Electronic Announcement that the new Section 117 portal is now live. The launch date is consistent with ED's earlier announcements regarding the new...more

Kohrman Jackson & Krantz LLP

When Can I Request Changes to an Education Record? The FERPA Amendment Process, Explained

The Family Educational Rights and Privacy Act (FERPA) provides parents and eligible students the right to request changes to their education records. FERPA applies to all schools that receive federal funds. Private and...more

DCI Consulting

Major Changes to IPEDS Reporting Approved for Upcoming Submission

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BLOG OVERVIEW: The Department of Education's new Admissions and Consumer Transparency Supplement (ACTS) requires four-year colleges and universities to report seven years of detailed student-level admissions data through the...more

TNG Consulting

Practical Strategies for Expanding Civil Rights Compliance Beyond Title IX

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As the civil rights landscape evolves, many Title IX Coordinators now oversee broader areas of compliance, including Title VI (race, color, or national origin), Title VII (employment discrimination), Section 504 and the ADA...more

Whiteford

Employment Law Update: Tra-La-La-La-Lawsuit: Is Your Anti-Harassment Training Unlawful?

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Holiday-season anti-harassment trainings can backfire. A recent Second Circuit (which covers New York, Vermont and Connecticut) decision underscores that when workplace training content crosses the line into essentialist,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mitchell Williams - Service Animals in Arkansas Schools: What Every Administrator Should Know (Part 1)

If you’ve ever had a parent or visitor arrive at your school event with a dog, you’ve probably found yourself asking: What are my legal responsibilities? What questions am I allowed to ask? How do I balance access, safety,...more

Berkshire

IPEDS Changes are Approved – new ACTS data collection is now live

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While the 2025 calendar year was winding down, the National Center for Education Statistics (NCES) quietly announced that they had received approval for the added IPEDS data collection, Admissions and Consumer Transparency...more

McGuireWoods LLP

Recipients of Federal Education Funds Should Reassess Programs Following DOJ Findings on Race

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In the wake of a Dec. 2, 2025, analysis by the U.S. Department of Justice (DOJ) of race-based programs awarded by the U.S. Department of Education (ED), educational institutions receiving or administering federal education...more

Jenner & Block

Client Alert: What to Expect in 2026 for Higher Education

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After a year of significant upheaval for higher education institutions, additional changes are on the horizon in 2026. The most recent Unified Agenda, the One Big Beautiful Bill Act, and other developments mean additional...more

Foley Hoag LLP

Higher Education Litigation and Federal Policy: 2025 Year in Review

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Key Takeaways: President Trump made higher education a focus of his second term, and his administration has targeted colleges and universities in various spaces, including Diversity, Equity, and Inclusion, Title VI, Title...more

Foster Garvey PC

California Adopts First Definition of “Ultra-Processed Foods” and Sets Phase-Out for School Products

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California has become the first state in the U.S. to legally define “ultra-processed foods” (UPFs) and to begin phasing them out of K-12 schools. Under Assembly Bill 1264 (AB 1264), also known as the Real Food, Healthy Kids...more

Thompson Coburn LLP

DOJ Drops “Disparate-Impact” Liability from Title VI: What this Means for Institutions of Higher Education

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On December 10, 2025, the Department of Justice (“DOJ”) published a final rule amending its regulations implementing Title VI of the Civil Rights Act of 1964 (“Title VI”) to eliminate disparate-impact liability. DOJ published...more

Marshall Dennehey

Legal Update for Special Education Law – Updates from the Pennsylvania Department of Education - December 2025

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Pennsylvania Expands School Notification Requirements for Weapons Incidents - Last month, Governor Shapiro signed Act No. 2025-44, which amends Pennsylvania’s School Code. Specifically, the new law requires Pennsylvania...more

Marshall Dennehey

Legal Update for Special Education Law – Updates from the U.S. Department of Education - December 2025

Marshall Dennehey on

The Dismantling of the U.S. Department of Education Continues - The Trump Administration is continuing its efforts to shutter the U.S. Department of Education (DOE) by delegating the responsibility of administering several...more

Hogan Lovells

New Portal for Section 117 Foreign Gift and Contract Reporting Underscores Continued Focus on Foreign Influence in U.S. Higher...

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On December 1, 2025, the U.S. Department of Education (ED) issued an Electronic Announcement informing institutions that a new portal will be launched in advance of the next Section 117 reporting deadline. ED will offer a...more

Thompson Coburn LLP

Frequently Asked Questions: FAFSA “Lower Earnings” Indicator

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According to a December 8 Electronic Announcement, students completing the FAFSA will now see a new disclosure flagging an institution as “lower earning” when that institution’s undergraduate completers’ median earnings are...more

Tucker Arensberg, P.C.

District Dilemma: Comply with Department of Education’s Directives (and risk lawsuits) or Binding Court Decisions (and risk losing...

Tucker Arensberg, P.C. on

Fairfax Cty. Sch. Bd. v. McMahon, Civil Action No. 1:25-cv-1432, 2025 U.S. Dist. LEXIS 179299, at *5 (E.D. Va. Sep. 5, 2025).  District Court for the Eastern District of Virginia declines to rule on the merits of a school...more

Franczek P.C.

Trump Administration Announces New Agency Partnerships and Moves Key K-12 Education Programming to Department of Labor

Franczek P.C. on

On November 18, 2025, the Trump Administration announced that it will reassign some of the Department of Education’s key programs, including those involving K-12 education, to the Department of Labor. As described by the...more

Thompson Coburn LLP

Higher Education Litigation Summary: December 3, 2025

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Thompson Coburn’s Higher Education Litigation Summary is your resource for legal updates on key rulings and ongoing cases shaping the higher education sector. This installment covers updates related to Gainful Employment, the...more

McGuireWoods LLP

Renewed Scrutiny: Intensified Oversight of Foreign Gifts, Contracts and Ties in U.S. Higher Education

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The Trump administration is placing increased emphasis on oversight of foreign gifts, contracts and connections with colleges and universities in the United States. Newly announced reporting mechanisms and statutory changes...more

Genova Burns LLC

USDOE Enters Into Interagency Agreements That Cause Concern

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On November 18, the US Department of Education announced six new agency partnerships that shift core programs and responsibilities away from the USDOE for the stated purpose of “breaking up federal bureaucracy” and returning...more

Offit Kurman

The Fallout of Shrinking Special Education Funding

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As public school districts approach the end of the fiscal year, the financial strain on special education programs is impossible to ignore. Across the country, administrators are sounding the alarm that a decrease in...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your December 2025 To-Do List

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Here are the top 10 items you should tackle in December 2025, based on the latest workplace law developments and upcoming critical compliance issues…...more

Dorsey & Whitney LLP

Department of Education Announces Six New Interagency Partnerships Aimed at “Breaking Up the Federal Education Bureaucracy”

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On November 18, 2025, the U.S. Department of Education (“ED”) announced six new interagency agreements (“IAAs”) designed to reassign responsibilities traditionally vested with ED to four other federal agencies. ...more

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