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Department of Education Anti-Discrimination Policies

Saul Ewing LLP

The U.S. Department of Education Announces Rulemaking Committee to Reform Accreditation: What's Next?

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Overview On January 22, 2026, the U.S. Department of Education (the "Department") announced its intent to establish the Accreditation, Innovation, and Modernization negotiated rulemaking committee (the "Committee") to develop...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

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

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

TNG Consulting

Defining the Boundaries of Hostile Environments

TNG Consulting on

As civil rights law practitioners, we often find ourselves tracing the edges of complex issues, trying to determine where protected expression ends and discriminatory conduct begins. Nowhere is this more evident than in the...more

DCI Consulting

[Webinar] Major Changes for Higher Ed: Preparing for DOJ Inquiries and New IPEDS Requirements - December 2nd, 2:00 pm - 3:00 pm...

DCI Consulting on

Higher Education continues to be targeted by the Administration’s enforcement efforts to ensure compliance with federal anti-discrimination laws. Employment and admissions practices are subject to increased scrutiny by...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Can (Implicit) Bias Training Itself Be Biased? A Recent Second Circuit Decision Yields Cautionary Guidance

It is wise for employers to carefully re-evaluate employee training materials on an annual basis, as well as following court decisions and new employment legislation. This may be such a time, given a recent decision from the...more

Constangy, Brooks, Smith & Prophete, LLP

Implicit bias training created hostile environment, court finds

The U.S. Court of Appeals for the Second Circuit recently ruled that mandatory anti-bias training can support a claim for a racially hostile work environment if it repeatedly portrays a specific race in negative or...more

Dorsey & Whitney LLP

White House Proposes “Compact” With Nine Universities, Seeking Administrative Concessions for Access to Federal Funds

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According to public reporting, the White House recently proposed a Compact for Academic Excellence in Education (“Compact”) to nine universities, promising a closer relationship with the White House, preferential access to...more

Clark Hill PLC

New Maryland Title IX Ruling: Universities Liable for Ignoring Harassment Against Accused Students

Clark Hill PLC on

When a female student and her supporters publicly label a male student a “rapist” and orchestrate his exclusion from university activities, that is sex-based harassment, and a university can be held liable under Title IX for...more

Ropes & Gray LLP

White House Invites Nine Universities to Enter “Compact” in Exchange for Access to Federal Funds and Other Benefits

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On October 1, 2025, according to external reporting by The Wall Street Journal, the Washington Examiner, and others, the White House sent a letter inviting nine universities to enter into an accompanying nine-page Compact for...more

Saul Ewing LLP

As Students Return to School, ED Focuses on Restroom Access

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Overview - On August 28, 2025, the U.S. Department of Education's Office for Civil Rights ("OCR") announced that it found Denver Public Schools in violation of Title IX for converting a sex-separated multi-stall girls'...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

TNG Consulting

Would You Sacrifice One Faculty Member to Protect Hundreds of Millions in Federal Funds?

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Law Professor Ramsi Woodcock was suspended from teaching at the University of Kentucky (UK) and barred from campus for posting a “Petition for Military Action Against Israel” on a website he manages. Eli Capilouto, president...more

Husch Blackwell LLP

DOJ Issues Sweeping Memorandum on Unlawful Discrimination

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On July 29, 2025, the U.S. attorney general released a new memorandum providing guidance on the application of federal antidiscrimination laws for recipients of federal funding—including private and public colleges and...more

Fox Rothschild LLP

DOJ Targets DEI Programs with False Claims Act Enforcement

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The U.S. Department of Justice (DOJ) is raising the stakes with a broad new initiative targeting what it calls “illegal DEI.” In a May 19, 2025 internal memorandum, Deputy Attorney General Todd Blanche outlines a Civil Rights...more

Faegre Drinker Biddle & Reath LLP

Executive Order Seeks to Reform Accreditation in Higher Education

On April 23, 2025, President Donald Trump signed an executive order called “Reforming Accreditation to Strengthen Higher Education” along with a fact sheet about the EO and six other EOs relating to education....more

Fox Rothschild LLP

PDE Pushes Back on Federal Certification Mandate

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The Pennsylvania Department of Education (PDE) has declined to sign a certification form issued by the U.S. Department of Education (ED), which asked all state education agencies to affirm compliance with federal...more

Fox Rothschild LLP

New Certification Mandate Ties Federal Education Funds to Title VI Compliance

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The U.S. Department of Education (ED) took another step forward last week to ensure that K-12 school districts across the country are complying with the administration’s directives on civil rights and antidiscrimination...more

Lathrop GPM

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

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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

FordHarrison

Crackdown on Antisemitism in Education is Not Just Limited to Students

FordHarrison on

Real World Impact: In light of recent government actions directed at ensuring educational institutions protect their faculty and staff, as well as students, from antisemitism, such employers should ensure they are familiar...more

Davis Wright Tremaine LLP

New Administration Outlook: Trump's DOE Letters and Colleges' First Amendment Defenses Against Pretextual Title VI Threats

Anti-discrimination statutes protect against "deliberate indifference" to conditions establishing a hostile environment of antisemitic violence and harassment. But those statutes cannot be used to censor legitimate speech...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

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

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