News & Analysis as of

Department of Education Federal Funding

Husch Blackwell LLP

Iowa Every Student Succeeds Act Waiver Approved by U.S. Department of Education

Husch Blackwell LLP on

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

TNG Consulting

Building a Sustainable Title IX Budget from the Ground Up

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Establishing a new campus-based Office for Civil Rights or Title IX office can feel like building the plane while flying it. When you’re the inaugural coordinator with no preexisting budget, it can be daunting to determine...more

Alston & Bird

Look Ahead to the Week of February 2, 2026: Partial Shutdown Begins as the House Weighs Appropriations Bills

Alston & Bird on

A partial government shutdown began on January 31 after appropriations lapsed for the Departments of Defense, Education, Health and Human Services, Homeland Security (DHS), Housing and Urban Development, Labor, State,...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 1, 2026

Welcome to our January 2026 issue of The Academic Advisor -- our education law insights e-newsletter. We hope you are off to a great start to the spring semester, even though spring is certainly eluding us at present per...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

Alston & Bird

Look Ahead to the Week of January 26, 2026

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With a looming January 30 government funding deadline, the Administration will begin coordinating contingency plans for a potential partial government shutdown....more

Miller Canfield

TRIO SSS Funding: Feb. 1 Deadline for Schools to Seek Relief

Miller Canfield on

On January 16, 2026, the U.S. District Court for the District of Columbia issued a preliminary injunction in Council for Opportunity in Education v. U.S. Department of Education, finding the U.S. Department of Education (the...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

Fisher Phillips

US Department of Education Announces 18 Title IX Investigations Related to Transgender Athletes – What Should Your School Do?

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The US Department of Education recently launched a series of Title IX investigations of 18 different colleges and universities, state departments of education, and local public school systems that have policies allowing...more

McGuireWoods LLP

Federal Student Aid Pauses Enforcement of Parent Liability Rule for Now, Posing Questions About What’s Next

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On Jan. 16, 2026, Federal Student Aid (FSA) announced that it will no longer enforce a rule requiring ownership entities, including corporations and limited liability companies, to sign a Program Participation Agreement (PPA)...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

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

Foley Hoag LLP

Higher Education Litigation and Federal Policy: 2025 Year in Review

Foley Hoag LLP on

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

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 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

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

Offit Kurman

The Fallout of Shrinking Special Education Funding

Offit Kurman on

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

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

Foley & Lardner LLP

The Federal Education Landscape Is Being Rebuilt in Real Time — Here Is What It Means for You

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Last week, the U.S. Department of Education (ED) announced a sweeping set of six new interagency agreements (IAAs) that fundamentally alter how major federal education programs will be administered. These agreements —...more

Brownstein Hyatt Farber Schreck

General Ed: Trump Administration Transfers Responsibility to Other Agencies

On Nov. 18, the U.S. Department of Education (ED) announced six new interagency agreements (IAAs) with the departments of Labor (DOL), Interior (DOI), Health and Human Services (HHS) and State. These agreements reflect the...more

McGuireWoods LLP

Department of Education Enters Six Interagency Partnerships

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On Nov. 18, 2025, the U.S. Department of Education (ED) announced agreements with the Departments of Labor (DOL), Interior (DOI), Health and Human Services (HHS) and State with the intent to reduce administrative burden and...more

Parker Poe Adams & Bernstein LLP

Department of Labor, Other Federal Agencies to Take Growing Role in US Department of Education Programs

The U.S. Department of Education will shift some of its programming and activities by partnering with a new set of federal agencies, the agency announced Tuesday, a move that has implications for both higher education and...more

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