Category: Education
Department of Education Scales Back Enforcement of Program Participation Agreement Owner-Entity Signature Requirements
On January 16, 2026, the Department of Education (“ED”) released electronic announcement GENERAL-26-04 Program Participation Agreement Signature Requirements, which addresses the circumstances under which an owner-entity of an eligible institution of higher education is required to sign a Program Participation Agreement (“PPA”). Following settlement of litigation challenging the “co-signature” requirement, […]
Negotiated Rulemaking Forges Ahead: Key Themes from the Public Comments and What to Expect Going Forward
On July 24, 2025, the U.S. Department of Education (ED) announced its intent to convene two negotiated rulemaking committees to implement the higher education provisions in the One Big Beautiful Bill Act (OBBBA) as well as other administration priorities. The Reimagining and Improving Student Education (RISE) Committee will consider changes […]
Federal Judge Vacates Two Department of Education DEI Directives on Procedural Grounds
In a 76-page memorandum opinion dated August 14, 2025 (“Dkt. 83”), Maryland District Court Judge Stephanie A. Gallagher found unlawful the U.S. Department of Education’s (“ED”) Dear Colleague Letter of February 14, 2025 (“Letter”), and “The Reminder of Legal Obligations Undertaken in Exchange for Receiving Federal Financial Assistance and Request […]
DOJ Issues New Guidance on DEI Programs for Federal Fund Recipients
On July 29, 2025, Attorney General Pam Bondi released a nine-page memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (“DOJ DEI Memo”).[1] Although characterized as “non-binding,” the DOJ DEI Memo provides supplemental guidance[2] on the Department of Justice’s current interpretation of federal antidiscrimination laws as applied to […]
FOURTH CIRCUIT STAYS INJUNCTION PENDING APPEAL IN DEI CASE
The legal developments related to diversity, equity, and inclusion (“DEI”) continue to evolve. On March 14, 2025, the United States Court of Appeals for the Fourth Circuit issued an Order granting the government’s motion for a stay of the preliminary injunction entered by a Maryland district court in February. Nat’l […]
HMBR LEGAL ALERT: U.S. Department of Education January 14, 2025 Dear Colleague Letter re: Misrepresentation by External Service Providers
We write to provide HMBR’s perspective on the Dear Colleague Letter issued on January 14, 2025 (“January 2025 DCL”) by the U.S. Department of Education (“Department”), shortly before the end of the Biden Administration. A. Introduction The January 2025 DCL sets forth the Department’s “[n]otice of interpretation regarding misrepresentation by […]
Understanding Title VI Enforcement Amidst Columbia University Action
Last week, the Trump Administration announced the cancellation of $400 million in federal grants and contracts to Columbia University, citing alleged violations of Title VI of the Civil Rights Act of 1964 (“Title VI”) related to antisemitism on campus. This action represents a significant departure from the established regulatory enforcement […]
U.S. Department of Education Issues FAQ On Title VI Enforcement and Racial Preferences
The U.S. Department of Education (“Department”) has issued a set of frequently asked questions (“FAQs”) related to the Dear Colleague Letter (“DCL”) released by the Department’s Office for Civil Rights (“OCR”) on February 14, 2025. The February 14th DCL stated that federal antidiscrimination law broadly prohibits education institutions from the […]
New Resources and Website Updates from OCR in Biden Administration’s Final Days
During President Biden’s last few weeks in office, the U.S. Department of Education’s Office for Civil Rights (“OCR”) published a series of new guidance documents and updated its website to align with the recent court decision vacating the Department’s 2024 Title IX Final Rule. Last week, OCR made various website […]
Federal Court Vacates 2024 Title IX Regulations: What’s Next for Educational Institutions?
With less than two weeks left in President Biden’s term, a federal court has vacated the Biden administration’s overhaul of the regulations implementing Title IX (“Final Rule”). On January 9, 2025, Chief Judge Danny Reeves of the U.S. District Court for the Eastern District of Kentucky entered an order declaring […]