News & Analysis as of

Department of Education Regulatory Requirements

Loeb & Loeb LLP

U.S. Department of Education Signals Shift on Entity-Owner Co-Signature Requirements, but Leaves Some Questions Open

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On January 16, 2026, the U.S. Department of Education issued new guidance (Electronic Announcement (GEN) 26-04) explaining that it will limit its enforcement of the regulatory provision that requires controlling entities to...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

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

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

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

Franczek P.C.

Title IX’s Current Regulatory Landscape and Its Implications for Special Education

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While the 2024 Title IX regulations, in their short lifespan, had specific provisions about the role of members of the IEP team in determining supportive measures and other aspects of the process, the reinstatement of the...more

Morgan Lewis

DOE Finalizes Regulations on ‘Illegal Activities’ Causing Ineligibility for Public Service Loan Forgiveness

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The US Department of Education (Education) published final regulations on October 31, 2025, implementing the March 7 executive order “Restoring Public Service Loan Forgiveness,” which directed Education to propose revisions...more

Orrick, Herrington & Sutcliffe LLP

Twenty-two state attorneys general challenge Ed. Dept’s final rule introducing exclusions for Public Service Loan Forgiveness...

On November 3, a coalition of 22 state attorneys general announced a lawsuit in the U.S. District Court for the District of Massachusetts against the U.S. Department of Education. The suit seeks to block the department’s...more

Fox Rothschild LLP

Should I Appeal My Terminated Grants in District Court or the Court of Federal Claims?

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In 2025, the government has canceled or discontinued billions of dollars in federal grants. Entities seeking to challenge these terminations have faced uncertainty as to which forum is appropriate for such claims. A federal...more

BakerHostetler

US Department of Education Updates Verification Options in Fight To Stop Ghost Student Epidemic

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As discussed in a prior blog post, in recent years, educational institutions such as community colleges that have minimal application requirements have seen a steady rise in “ghost student” fraud. This fraudulent scheme...more

Berkshire

Top 5 Take-Aways on Upcoming University Admissions Requirements

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After President Trump issued an August 2025 Presidential Memorandum calling for “greater transparency” in higher education admissions practices, the Department of Education swiftly moved to revamp the IPEDS data collection...more

Berkshire

Higher Education Watch – Big changes may be coming to the IPEDS report

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The Integrated Postsecondary Education Data System (IPEDS) survey may soon be seeing some significant updates based on a chain of memos and proposals recently issued by President Trump and the Secretary of Education, Linda...more

Quarles & Brady LLP

New York Publishes Proposed Rule Regarding Pharmacy Shared Services Arrangements

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On September 24, 2025, the New York Education Department published a Proposed Rule addressing shared pharmacy services. The Proposed Rule conforms the state pharmacy regulations with the recent statutory changes that permit...more

Procopio, Cory, Hargreaves & Savitch LLP

Compliance Booster: New Charter Laws Now in Effect for 2025–26

With the 2025–26 school year underway, new legal requirements for California public schools are now in effect. These changes span instructional supports, student health and safety, transportation, governance, and employee...more

Sheppard Mullin Richter & Hampton LLP

How Universities Can Prepare for the New Higher Education Act Section 117 Investigations

During the first Trump administration, the Department of Education (the “Department”) focused intensely on universities’ compliance with foreign source gift and contracting under Section 117 of the Higher Education Act (HEA)....more

Holtzman Vogel Baran Torchinsky & Josefiak

Universities Face Stricter Data Reporting Requirements Under New Trump Policy

On August 7, 2025, President Trump signed a Presidential Memorandum to require greater transparency regarding university admissions practices. The Memorandum reinforces previous executive orders and memoranda regarding DEI...more

DCI Consulting

Department of Education Directs Universities to Submit Race, Sex Data

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On August 7, 2025, U.S. Secretary of Education Linda McMahon directed the National Center for Education Statistics (NCES) to collect data on admissions for institutions of higher education to ensure that race-based...more

Holland & Knight LLP

New Admissions Data Reporting Requirements for Higher Education Institutions

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The U.S. Department of Education (ED) announced it will require institutions of higher education to report additional data relating to admissions processes. The announcement follows President Donald Trump's executive order...more

Ropes & Gray LLP

Effect of Changes to Title IV of the Higher Education Act in the One Big Beautiful Bill

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The “One Big Beautiful Bill Act” (the “Act”), which recently became law, makes significant changes to federal financial aid programs administered under Title IV of the Higher Education Act of 1965 (“HEA”). These changes...more

Parker Poe Adams & Bernstein LLP

Trump Executive Order Seeks to Rein in 'Chaotic Environment' of College Athletics and NIL, Preserve Non-Revenue Sports

During the 2025 University of Alabama commencement address on May 1, President Donald Trump had a conversation with former Alabama coach Nick Saban about the state of college athletics. President Trump asked coach Saban for...more

TNG Consulting

The Future of Education Amid Executive Orders, Regulations, and Investigations

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As a longtime researcher and policy analyst in higher education, I’ve spent decades studying how federal law, regulation, and politics shape practice on the ground. In my keynote at the 2025 Joint ATIXA and NABITA Annual...more

Cooley LLP

ED Revises Its Interpretation of 90/10 Rule

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The US Department of Education (ED) will now allow proprietary institutions to include revenue generated through distance programs in their calculations for federal student aid eligibility. On July 7, 2025, ED published...more

Phelps Dunbar

Higher Ed on Alert: Visa Vetting Overhaul Threatens Fall Enrollment of International Students

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Effective June 26, the U.S. Department of State (DOS) has required U.S. consulates to expand social media vetting for all F, M, and J visa applicants (students and exchange visitors) before issuing visas allowing them to...more

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