News
U.S. Department of Education Announces Negotiated Rulemaking for Higher Education
On Thursday April 3 the U.S. Department of Education announced that it will make efforts to “streamline” and “rightsize” higher education’s Title IV regulations, starting with holding public hearings and establishing committees for negotiated rulemaking. The...
U.S. Department of Education Announces Compliance Certification for K-12
On Thursday April 3 the U.S. Department of Education announced that the Department sent letters to state education officials “requiring them to certify their compliance with antidiscrimination obligations in order to continue receiving federal financial assistance.”...
FTC 1 Million Dollar Settlement Case Highlights the Fallibility of AI in Ensuring Website Accessibility for People with Disabilities
On January 3, 2025, the Federal Trade Commission (FTC) announced that AccessiBe, a company offering an accessibility overlay, would pay a $1 million fine to settle allegations of deceptive marketing practices. Based in New York, AccessiBe was accused of falsely...
Equal Employment Opportunity Commission (EEOC) Issues Technical Guidance on DEI-Related Discrimination
On March 19, 2025 the Equal Employment Opportunity Commission issued two updates: a list of eleven questions and answers on a website titled “What You Should Know About DEI-Related Discrimination at Work;” and a one-page information sheet co-issued with the Department...
President Trump Issues Executive Order Directing the Dismantling of the of Education
On March 20, 2025 President Trump signed a long-anticipated Executive Order titled Improving Education Outcomes by Empowering Parents, States, and Communities that directs the Secretary of Education to “take all necessary steps to facilitate the closure of the...
U.S. Department of Education Continues Focus on Antisemitism for its Title VI Enforcement–Analysis & Action Plan
On March 10, 2025, the Department of Education (ED) announced that it sent letters to 60 colleges and universities “warning them of potential enforcement actions if they do not fulfill their obligations under Title VI of the Civil Rights Act to protect Jewish students...
Section 504 at Risk with Pending Litigation
On September 26, 2024, seventeen states filed the lawsuit challenging the HHS Section 504 regulations and the constitutionality of Section 504. There were four bases alleged.
“The Final Rule exceeds Defendants’ statutory authority when it includes ‘gender dysphoria’ in the definition of “disability” under the ADA and the Rehabilitation Act.”
“The Final Rule is Arbitrary and Capricious.”
“Section 504 is unconstitutional.”
“The Final Rule is Unconstitutional.”
AG’s of Several States Issue Joint Guidance on Dept. of ED’s Dear Colleague Letter and FAQ
On March 5, 2025, the Attorneys General of Illinois, Massachusetts, New York, California, Connecticut, Delaware, Maine, Maryland, Minnesota, New Jersey, Nevada, Oregon, Rhode Island, Vermont, and the District of Columbia issued Joint Guidance regarding the Department...
U.S. Department of Education Issues Dear Colleague Letter and FAQ on Title VI and Racial Preferences and Stereotypes
On Friday, February 14, 2025, the Department of Education issued a Title VI Dear Colleague Letter that focused on the Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard. The letter explained ED’s current interpretation that “[a]lthough SFFA...
U.S. Department of Education Issues (and Re-Issues) Dear Colleague Letter on Title IX
On February 4, the U.S. Department of Education re-issued a Dear Colleague Letter to replace the letter issued on January 31, 2025. Background and Bottom Line Generally, the letter acknowledges the court decision from January 9, 2025 vacating the 2024 Title IX Final...