United States: Education

This is the second in our 2026 Year in Preview series examining important trends in white collar law and investigations in the coming year. Up next: anti-corruption/FCPA enforcement

Secretary of Education Linda McMahon has issued an open letter asking all U.S. universities to publicly describe their commitments to rigorous teaching, research, and national service by year-end 2026. Unlike the administration's failed 2025 compact proposal, this voluntary initiative includes no legal mandates, funding conditions, or penalties for noncompliance. The letter poses seven questions covering admissions transparency, free speech, intellectual pluralism, affordability, academic rigor, research se

A divided Eleventh Circuit panel has affirmed a preliminary injunction blocking Florida's Stop WOKE Act from restricting classroom instruction at public universities, finding the law's viewpoint-based limitations likely violate the First Amendment. The court rejected Florida's argument that professors' classroom speech constitutes government speech subject to unrestricted state control, instead emphasizing the special constitutional status of academic freedom and open inquiry in higher education. While the

The U.S. Supreme Court has ruled that Title IX permits schools to limit participation in girls' and women's sports to students assigned female at birth, and that state laws restricting such participation do not violate the Equal Protection Clause. This landmark decision provides critical guidance for educational institutions and state policymakers on athletic eligibility rules. The Court's 9-0 decision on Title IX and 6-3 ruling on constitutional grounds establishes clear parameters for schools navigating t

The U.S. Department of Education has published a final rule establishing a new earnings premium measure for Title IV programs, marking a historic shift in higher education accountability. This congressionally mandated framework applies universally to all Title IV institutions and their eligible programs, fundamentally changing how educational outcomes are evaluated. The rule follows negotiated rulemaking and incorporates modifications based on public feedback.

On July 1, 2026, the U.S. Department of Education published a final rule implementing a new Title IV-program earnings premium measure established by Congress one year ago in the Working Families Tax Cut Act...

The New York State Division of Human Rights (NYSDHR) recently released Title VI training materials in connection with the new Title VI coordinator and training law that becomes effective this upcoming academic year.

On May 22, 2026, the Department of Housing and Urban Development (HUD) issued a memo that significantly limits how the Office of Fair Housing and Equal Opportunity (FHEO) will handle complaints regarding animal...

The U.S. Supreme Court has agreed to resolve a critical circuit split regarding whether Title IX permits employees of federally funded educational institutions to sue their employers for sex discrimination and retaliation.