News & Analysis as of

Executive Orders Department of Education Constitutional Challenges

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

Franczek P.C.

100 Days In: Where Do Things Stand?

Franczek P.C. on

Last week marked President Trump’s 100th day in office for his second term. As we have reported over the course of the past few months, the first 100 days of the second Trump administration have been active, with many new...more

McGuireWoods LLP

Executive Order Seeks Reform of Higher Education Accreditors’ Processes

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On April 23, 2025, the White House issued an executive order directing the Secretary of Education to investigate and hold accountable accreditors of institutions of higher education that engage in unlawful discriminatory...more

Foley Hoag LLP

The First 100 Days and Higher Education: Litigation Roundup

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In this alert, we discuss key provisions of the orders and actions implicating the higher education sector and the lawsuits challenging them (building on our previous analysi...). We have grouped these actions based on their...more

Franczek P.C.

Title IX and Title VI Enforcement Continues, “Dear Colleague” Pause for Some, and SCOTUS Hears LGBTQ Curriculum Challenge

Franczek P.C. on

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

Whiteford

Client Alert: Title IX vs. States' Rights: Who Will Win?

Whiteford on

Since January, multiple fundamental developments have dramatically altered the Title IX landscape, signaling a seismic shift in its interpretation and enforcement. These developments include a rapidly escalating and public...more

Whiteford

Client Alert: What’s to Become of Title IX?

Whiteford on

Since January, multiple fundamental developments have dramatically altered the Title IX landscape, signaling a seismic shift in its interpretation and enforcement. These developments include a rapidly escalating and public...more

Lathrop GPM

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

Lathrop GPM on

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

Brooks Pierce

Trump Administration’s Efforts to Dismantle the U.S. Department of Education

Brooks Pierce on

Executive Order Asserting that “the experiment of controlling American education through Federal programs and dollars” has “plainly failed our children,” on March 20, 2025, President Trump signed an Executive Order directing...more

Lathrop GPM

Executive Order Closing the Department of Education Faces Legal and Congressional Barriers

Lathrop GPM on

President Trump has signed an Executive Order titled, “Improving Education Outcomes by Empowering Parents, States, and Communities,” directing the Secretary of Education to close the Department of Education to the “maximum...more

Polsinelli

DEI-Related Executive Orders Move Forward After Fourth Circuit Grants Stay of Preliminary Injunction; Federal Agency Actions

Polsinelli on

On March 14, 2025, the Fourth Circuit Court of Appeals issued a stay of the U.S. District Court’s preliminary injunction, which will allow the Trump administration to continue enforcing the Executive Orders (EOs) related to...more

Pillsbury Winthrop Shaw Pittman LLP

Anti-DEI Executive Orders Are Enforceable, for Now, After Fourth Circuit Lifts Preliminary Injunction

The U.S. Court of Appeals will expedite its review of appeal of preliminary injunction. On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit granted the Government’s motion for a temporary stay of a district...more

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

U.S. Department of Education’s ‘Dear Colleague’ Letter Prohibiting DEI and FAQs Document Challenged in Federal Court

On March 5, 2025, the National Education Association (NEA) and its New Hampshire affiliate (NEA-NH) sued the U.S. Department of Education, challenging a recently issued “Dear Colleague Letter” (DCL) that informed schools that...more

Ballard Spahr LLP

Federal Court Refuses to Lift Preliminary Injunction Blocking DEI Executive Orders, While EEOC, USDOE, and State AGs Address DEI...

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Last week brought further developments related to the Trump administration’s efforts to curtail what it views as illegal diversity, equity, and inclusion (DEI) initiatives....more

CDF Labor Law LLP

Enforcement Strategy Against DEI In Education and Private Sector Outlined in New Executive Order and U.S. Department of Education...

CDF Labor Law LLP on

Despite the issuance of a sweeping national federal court injunction against President Donald Trump’s January 20, 2025 and January 21, 2025 Executive Orders that seek to eliminate diversity, equity and inclusion (“DEI”)...more

Steptoe & Johnson PLLC

The Trump Effort to Close USDOE

Steptoe & Johnson PLLC on

The Wall Street Journal reported on Wednesday, March 5, 2025, that it had reviewed a draft executive order directing Secretary Linda McMahon to take all necessary steps to facilitate the closure of the Department of Education...more

Pillsbury Winthrop Shaw Pittman LLP

Federal Court Issues Preliminary Injunction against Anti-DEI Executive Orders

Despite court ruling, educational institutions face continuing enforcement uncertainty pursuant to the February 14 “Dear Colleague Letter” issued by the Department of Education - On February 21, 2025, a federal court in...more

Foley Hoag LLP - White Collar Law &...

Developments in the DEI Landscape Heading into Trump's Second Month

President Trump’s Executive Orders targeting diversity, equity, and inclusion (“DEI”), discussed in previous client alerts with regard to higher education institutions and business more broadly, have prompted responses from...more

Skadden, Arps, Slate, Meagher & Flom LLP

Ban on Transgender Women From Female Sports Is Challenged in Court

On February 5, 2025, President Donald Trump signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which aims to prohibit transgender women and girls from participating in female sports across all educational...more

Patterson Belknap Webb & Tyler LLP

U.S. Department of Education Confirms It Will Enforce 2020 Title IX Rule and Regulations Following District Court Ruling and...

On January 9, 2025, a federal district court vacated a set of Title IX regulations and—at least for now—resolved the question of whether Title IX protects students from discrimination on the basis of gender identity and...more

Jackson Lewis P.C.

How NCAA Changes to Transgender Policy Following President Trump’s Executive Order Impact Schools

Jackson Lewis P.C. on

On Feb. 5, 2025, President Donald Trump signed executive order “Keeping Men Out of Women’s Sports,” which prohibits transgender women from participating in female athletic categories at federally funded educational...more

Parker Poe Adams & Bernstein LLP

What President Trump's Order on 'Ending Radical Indoctrination' Means for K-12 Schools

On January 29, 2025, President Trump signed an executive order entitled "Ending Radical Indoctrination in K-12 Schooling," aimed at dismantling the "radical, anti-American…echo chamber[s]" he contends public schools have...more

Akin Gump Strauss Hauer & Feld LLP

Ending Radical Indoctrination in K-12 Schooling (Trump EO Tracker)

Summary - Enforce the law to ensure that recipients of Federal funds providing K-12 education comply with all applicable laws prohibiting discrimination in various contexts and protecting parental rights. All relevant...more

Husch Blackwell LLP

Title IX Litigation Tracker: 2024 Title IX Regulations Vacated by District Court

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The legal saga surrounding the 2024 Title IX Regulations reached a new peak earlier this month. On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky granted summary judgment in favor of the...more

Fisher Phillips

The Impact of Governor DeSantis’s Mask Order on Florida Private Schools: To Mask or Not to Mask?

Fisher Phillips on

In response to several Florida school boards considering mask mandates in advance of school openings, Florida Governor Ron DeSantis just signed an executive order threatening to withhold state funds from any school boards...more

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