Blogs

Executive Order on Collegiate Athletics: A Reset or a Rewind?

On Friday, April 3, 2026, the President signed an executive order on collegiate athletics in an effort to restore a regulatory posture that resembles, in essence, a pre–name, image, and likeness (NIL) power structure. Despite the clear enforceability and legal questions presented by this order, the NCAA has already indicated its intention to implement rules aligned with the order’s demands. The framework sets forth guidelines that favor institutional stability over athlete freedom. In reality, however, these guidelines reflect substantial deference to the NCAA and its historical compliance architecture, signaling a policy preference for centralized governance over athlete-driven market dynamics. In practical terms, the order narrows the scope of student-athlete discretion by circumscribing pathways that have recently expanded under NIL and a more open market, prioritizing uniformity and institutional control. It is too early to determine the exact ramifications of this executive order; however, its existence further emphasizes that change in the collegiate sports industry is coming. ...read more

DOJ Extends ADA Web Accessibility Deadline to April 2027

On April 20, 2026, the U.S. Department of Justice (DOJ) issued an interim final rule extending the deadline for public colleges and universities to comply with updated ADA Title II web accessibility requirements. The original April 24, 2026 deadline has been pushed to April 27, 2027, with certain smaller institutions receiving an additional year, until April 26, 2028. The extension provides additional time, but does not change the scope of the underlying obligations or the risk of enforcement. ...read more

Early Decision Admissions Anti-Trust Case Scheduled for Oral Argument

The United States District Court for the District of Massachusetts has scheduled oral arguments for May 1, 2026, in D’Amico v. Consortium of Financing Higher Education, a proposed class action lawsuit alleging that more than 30 colleges and universities colluded not to offer admission to students accepted by other institutions through Early Decision. ...read more

University of Pennsylvania Ordered to Create List of Jewish Employees and Provide to EEOC: What You Need to Know

4/27/26 Update: The University of Pennsylvania appealed this decision on April 13, 2026 and petitioned the district court to stay the enforcement of the subpoena pending appeal.  On April 27, 2026, the court granted U Penn’s stay until the Third Circuit decides the issue. ...read more

Can Institutions Find Legal Workarounds for State Bans on DEI?

Following Donald Trump’s re-election, many states have passed bans against programs and scholarships that promote diversity, equity and inclusion. According to the Chronicle of Higher Education which tracks such legislation, more than a dozen states have passed anti-DEI laws since 2024, and dozens of additional bills are pending in 30 states and the United States Congress.  ...read more

Understanding the New Federal Tax Credit for K-12 Scholarship Donations

On July 4, 2025, President Trump signed the One Big Beautiful Bill Act (P.L. 119-21), which created a new permanent federal income tax credit under IRC § 25F for individual donors who make cash contributions to qualifying Scholarship Granting Organizations (“SGOs”) supporting K-12 students. The credit takes effect January 1, 2027, so for organizations in the education and scholarship space, there is much to do between now and then. ...read more

ICE Detention at Columbia Highlights Need for Clear Protocols in College Law Enforcement Interactions

On February 26, 2026, Columbia University announced, and various media outlets reported, that a Columbia student had been detained by U.S. Immigration and Customs Enforcement (ICE) agents that morning.  While there have been many reports of ICE detaining international students over the past year, this incident is notable for how ICE personnel are alleged to have carried out the detention:  By holding themselves out not as ICE agents but as New York Police Department officers looking for a missing child, in order to gain entrance into the Columbia dormitory where the student lived. ...read more

NCAA Eligibility Battles Take to the Courts

In the brave new world of Name Image and Likeness (“NIL”) payments to college athletes, the inevitable question arises – do the NCAA’s eligibility rules violate federal antitrust laws? Those legal issues have taken center stage in courts around the country with mixed results. ...read more

Can a University Outsource its Title IX Responsibilities?

A poster in a higher education forum on Reddit recently posed the question, “People who work in Title IX positions: do you like your jobs?” While a few respondents offered modestly positive feedback, the overwhelming majority were negative, describing the work as a “tough gig,” “extremely difficult,” “not rewarding at all,” and even stating that “there is NO happiness connected to any position with Title IX.” Those responses reflect what many institutions already know: Title IX compliance is complex, resource-intensive, and often fraught with institutional risk. Which raises an important question for colleges and universities—can a higher education institution outsource its Title IX obligations? ...read more

5 Governance Essentials Every College Board Member Should Know

Serving on a college or university board is a critical responsibility. Beyond attending meetings and approving budgets, board members play a pivotal role in safeguarding the institution’s mission, reputation, and future. When governance fundamentals are overlooked, even the most well-intentioned boards can find themselves in the headlines for all the wrong reasons. But here’s the good news: avoiding governance pitfalls doesn’t require a complete overhaul, it simply requires getting the basics right. ...read more

Mergers vs. Closures in Higher Ed: How Timing Can Make All the Difference

The landscape of higher education has shifted dramatically since March 2020. Over 80 public or nonprofit colleges have either closed, merged, or announced plans to do so. With rising costs and the looming demographic cliff driven by declining birth rates since the 2007 recession, it’s clear that many more institutions could follow suit. While both mergers and closures are drastic moves, they are worlds apart. Mergers typically allow students to finish their degrees, protect institutional legacies, and save jobs for faculty and staff. Closures, on the other hand, can bring an abrupt end to an institution’s existence, negatively impacting students, alumni, and the surrounding community. ...read more

Political Activity on Campus: Navigating Academic Freedom and IRS Rules

Election season often brings heightened energy to college campuses.  Students, faculty, and administrators alike engage in debates, forums, and activism.  Yet for colleges and universities, this season also raises delicate compliance questions.  How can institutions honor academic freedom while respecting IRS restrictions on political campaign activity? ...read more