Recent Federal Agency Actions Impacting Education
Consistent with President Donald Trump’s executive orders, federal agencies have published additional information and guidance to promote compliance with certain statutes.
Some actions the government has taken since Jan. 20, 2025, have been subject to legal challenges, most of which are ongoing. Consult with legal counsel when considering how these agency actions impact your institution, as well as how to comply with any applicable state laws in your jurisdiction.
The actions below are arranged by subject matter in reverse chronological order.
DEI Programs
Equal Employment Opportunity Commission
What To Do If You Experience Discrimination Related to DEI at Work and What You Should Know About DEI-Related Discrimination at Work, March 2025
- Explains commission’s interpretation of diversity, equity, and inclusion (DEI) and provides some examples of potential “DEI-related discrimination,” noting Title VII doesn’t define DEI
- Specifies actions employees who believe they’ve experienced employment discrimination related to DEI can take
Department of Education (ED)
Press Release: U.S. Department of Education and U.S. Department of Justice (DOJ) Announce Title IX Special Investigations Team, April 4, 2025
- Forms Title IX Special Investigation Team (SIT) to ensure timely and consistent resolutions to protect students, and especially female athletes, from “pernicious effects of gender ideology” in school activities and programs
- Creates specialized team of investigators from both agencies, enabling a “rapid resolution investigation process” and inter-agency cooperation to conduct investigations that are “fully prepared for ultimate” DOJ enforcement
- Includes in Title IX SIT: ED Office for Civil Rights (OCR) investigators and attorneys, Student Privacy Policy Office staff and investigator, Office of General Counsel attorneys, and DOJ Civil Rights Division attorneys
Frequently Asked Questions About Racial Preferences and Stereotypes Under Title VI of the Civil Rights Act, March 1, 2025
- Answers several questions a Feb. 14, 2025, Dear Colleague Letter (see below) raises and how the letter applies to racial classifications, racial preferences, and racial stereotypes
- Intended to expand upon how the OCR will interpret the U.S. Supreme Court’s 2023 decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA v. Harvard) in its enforcement of Title VI
OCR: Dear Colleague Letter, Feb. 14, 2025
Effective April 24, 2025, a federal district court issued nationwide preliminary injunction preventing DCL from taking effect until legal challenges resolve
- Expands SFFA v. Harvard to prohibit covered entities not only from using race in decisions related to admissions, but also to hiring, promotion, compensation, financial aid, scholarships, prizes, administration support, discipline, housing, graduation ceremonies, and “all other aspects of student, academic, and campus life”
- Directs institutions to cease all efforts to “circumvent” prohibitions on the use of race via indirect means, including reliance on any third-parties, clearinghouses, or aggregators
Office of the U.S. Attorney General
Memorandum on Ending Illegal DEI and DEIA Discrimination and Preferences, Feb. 5, 2025
- Identifies educational institutions as a sector of concern
- Advises of potential tools for ending “illegal” DEI and diversity, equity, inclusion and accessibility (DEIA) discrimination, including civil compliance investigations, litigation activities, regulatory actions, and sub-regulatory guidance
Title VI/Antisemitism
Department of Justice (DOJ)
Press Releases, Feb. 3 and Feb. 28, 2025
- Announced formation of multi-agency task force to combat antisemitism
- Advised task force will visit 10 university campuses that have “experienced antisemitic incidents since October 2023”
White House Fact Sheet: President Donald J. Trump Takes Forceful and Unprecedented Steps to Combat Anti-Semitism, Jan. 30, 2025
- Promises immediate action by DOJ to investigate and punish anti-Jewish racism in “leftist, anti-American colleges and universities”
- Demands removal of resident aliens who join “pro-jihadist protests,” including deportation and revocation of student visas
Other Issues
ED
Dear Colleague Letter and Annual Notice of Legal Obligations under FERPA, March 28, 2025
- Clarifies agency interpretation of Family Educational Rights and Privacy Act (FERPA)
- Identifies practice of treating “gender plans” as something other than educational records as violating FERPA
Press Release — Department of Education Initiates Reduction in Force, March 11, 2025
- Initiates reduction in force impacting about 50% of department’s workforce.
- Places impacted staff on administrative leave beginning March 21
Press Release — U.S. Department of Education Ends Biden's Book Ban Hoax, Jan. 25, 2025
- Rescinds all guidance stating school districts could violate civil rights laws by implementing book bans
- Eliminates position of “book ban coordinator,” created in 2023
- Declares decision regarding removal of “age-inappropriate” books from schools should be made by parents and communities and OCR “has no role in these matters,” in conjunction with dismissal of 11 complaints relating to book bans
Department of Homeland Security
Directives Expanding Law Enforcement and Ending Abuse, Jan. 21, 2025
- Rescinds prior guidelines for Immigration and Customs Enforcement and Customs and Border Protection
- Permits immigration enforcement actions in previously designated sensitive areas, including elementary and secondary schools, colleges, hospitals, and places of worship
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About the Author
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Lindsey Dunn
Senior Risk Management Counsel
Lindsey joined UE's Risk Management department in September 2024. Prior to that, she spent about six years as a Resolutions Counsel in the South Region for the Specialty Group. Before UE, Lindsey practiced labor and employment law. She is admitted to practice law in Florida and before the U.S. District Courts in Florida and the U.S. Court of Appeals for the Eleventh Circuit.