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Latest Cases & Developments
Date:
Court Grants Preliminary Injunction for Plaintiff Intervenors in Lawsuit Challenging the ACTS Survey (Apr. 24, 2026)
After a coalition of 17 states sued the Department of Education alleging its Admissions Consumer Transparency Supplement (ACTS) survey was unlawful, the court granted motions to intervene for several plaintiff-intervenor organizations and granted a temporary restraining order (TRO) extending the survey deadline to April 14, 2026. The court has now issued a preliminary injunction covering member colleges or universities of the plaintiff intervenors (approximately 178 additional institutions), enjoining the government from enforcing any deadline for compliance with the ACTS survey component. In addition, the court’s ruling requires plaintiff-intervenors and their member institutions to preserve any data that is responsive to the survey to ensure they are able to respond in good faith if the injunction is later overturned. The ACTS survey remains in effect for more than 2,000 institutions who are not parties to the lawsuit.
Topics:
Admissions | StudentsDate:
AGB Launches Higher Education Governance Integrity Initiative (Apr. 21, 2026)
The Association of Governing Boards of Universities and Colleges (AGB) announced the launch of its Higher Education Governance Integrity Initiative, which provides a framework of policy recommendations and tools to clarify trustee roles, reinforce fiduciary responsibilities, and promote institutional independence, accountability, and public trust. The framework outlines five policy priorities: (1) improve trustee selection; (2) reform the nomination process; (3) require trustees to formally affirm; (4) provide better orientation and training; and (5) prepare board chairs.
Topics:
Governance | Governing Boards & Administrators | Shared GovernanceDate:
Department of Justice Announces Proposed Consent Decree with Nebraska (Apr. 21, 2026)
The Department of Justice (DOJ) announced that it has filed a complaint against the State of Nebraska and joined with the state in filing a proposed consent decree seeking to permanently enjoin enforcement of state laws providing in-state tuition and financial assistance to individuals not lawfully present in the United States. The complaint challenges Nebraska’s in-state tuition laws alleging they violate federal law by providing in-state tuition to noncitizens and by discriminating against U.S. citizens. The proposed consent decree, which is subject to court approval, would prohibit Nebraska from enforcing these provisions and resolve the federal government’s claims.
Topics:
Admissions | Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) | Discrimination, Accommodation, & Diversity | Employment of Foreign Nationals | Enforcement of Non-Discrimination Laws | Faculty & Staff | StudentsDate:
Change in Department of Education Guidance on Lifetime Borrowing Limit and Graduate PLUS Loans (Apr. 20, 2026)
The National Association of Student Financial Aid Administrators (NASFAA) has alerted members that the Department of Education has revised prior guidance regarding the new $257,500 lifetime borrowing limit established under the One Big Beautiful Bill Act (OBBBA). During a recent webinar, ED indicated that Graduate PLUS loans will now be included in this lifetime borrowing limit, despite previous statements to the contrary, including in ED’s proposed Reimagining and Improving Student Education (RISE) regulations. ED has also corrected prior interpretations regarding the treatment of loans borrowed before July 1, 2026, clarifying that these loans will be counted toward the new aggregate and lifetime borrowing limits.
Topics:
Financial Aid, Scholarships, & Student Loans | StudentsDate:
National Association of Diversity Officers in Higher Education v. Trump (D. Md. Apr. 20, 2026)
Complaint for Declaratory and Injunctive Relief. Plaintiffs, the National Association of Diversity Officers in Higher Education (NADOHE), the American Association of University Professors (AAUP), and others, sued President Trump and several federal agencies challenging Executive Order No. 14398, titled “Addressing DEI Discrimination by Federal Contractors.” The complaint alleges that the Order (1) is facially overbroad; (2) impermissibly targets speech based on its content and imposes unconstitutional conditions; and (3) is ultra vires. Plaintiffs argue that the Order chills protected speech and association rights on matters of public concern, including academic research, teaching, and professional activities related to race and ethnicity. Plaintiffs also argue that the Order exceeds presidential authority under the Procurement Act by conditioning federal funding on certification with vague, overbroad prohibitions that raise the risk of potential debarment or False Claims Act liability. Plaintiffs maintain that the Order has already caused concrete harms, including loss of partnerships, reduced programming, and self-censorship among members. The plaintiffs ask the court to (1) declare the Order unlawful and unconstitutional; (2) enjoin its implementation and enforcement; (3) require removal of contract provisions implementing the Order; and (4) rescind related agency guidance.
Topics:
Contracts | Contracts Administration | Discrimination, Accommodation, & Diversity | Enforcement of Non-Discrimination LawsDate:
ACE Response to RFI on Classifying Student Athletes as Employees (Apr. 8, 2026)
The American Council on Education (ACE) along with five other higher education associations, sent a letter to Chairman Cassidy of the Senate Health, Education, Labor and Pensions Committee in response to his request for information on “Stabilizing College Sports and Preserving Opportunities for Athletes.” The associations write that “treating student-athletes as employees under the NLRA or the FLSA has deeply troubling implications for the continued viability of intercollegiate athletics.” The comments also outline concerns regarding the potential need for increased employees, increased costs, and compliance with Department of Labor regulations.
Topics:
Athletics & Sports | Student Athlete Issues | StudentsDate:
Court Grants TRO for Plaintiff Interveners in Lawsuit Challenging the ACTS Survey (Apr. 7, 2026)
After a coalition of states sued the Department of Education alleging its Admissions Consumer Transparency Supplement (ACTS) survey was unlawful, the Association of American Universities, the Association of Independent Colleges and Universities in Massachusetts, and others moved to intervene in the case and sought a temporary restraining order blocking the survey. After granting the parties’ motion to intervene for the limited purpose of considering their request for a TRO, the court granted the TRO. For institutions covered by the order, which includes AAU member institutions and private-nonprofit colleges in several states, the TRO (1) extends the deadline to complete the ACTS survey through April 14, 2026, and (2) enjoins the Department from enforcing the survey completion deadlines of March 18, 2026, March 31, 2026, or April 8, 2026 against those institutions.
Topics:
Admissions | StudentsDate:
Department of Education Rescinds Provisions of Title IX Resolution Agreements from Prior Administrations (Apr. 6, 2026)
The Department of Education’s Office for Civil Rights (OCR) announced that it has rescinded provisions of resolution agreements from prior administrations, stating that portions of the agreements were based on “heavy-handed manipulation of Title IX.” OCR wrote that it will no longer monitor or enforce the agreements that were reached with five school districts and Taft College.
Topics:
Discrimination, Accommodation, & Diversity | Enforcement of Non-Discrimination Laws | Gender Identity & Sexual Orientation Discrimination
NACUA Annual Conference
Join us in the Music City June 29 – July 2 to connect, learn, and lead alongside higher education attorneys shaping policy, practice, and impact nationwide together.