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Less than four years after the Supreme Court’s landmark decision in NCAA v. Alston, the governance of college athletics has entered a new and unprecedented phase. On June 6, 2025, the NCAA and the major athletic conferences reached a historic legal settlement that will, for the first time, require direct financial compensation to college athletes.
With fewer than three weeks remaining before the July 4 legislative recess, Congress is accelerating its work on the budget reconciliation bill, which recently passed the House and is now being debated in the Senate. This comprehensive legislation carries significant consequences for higher education.
The House Education and Workforce Committee recently reported out a budget reconciliation package that would substantially reshape federal student aid, institutional accountability, and regulatory frameworks in higher education. Built largely on the previously introduced College Cost Reduction Act (H.R. 6951, 118th Congress), this legislation is aligned with broader efforts to reduce federal spending and diminish the U.S. Department of Education’s role.
A newly issued Executive Order requiring greater transparency of foreign funding in U.S. higher education underscores intensifying federal scrutiny on the influence of international sources on academic institutions. The order signals a renewed and more active enforcement of Section 117 of the Higher Education Act of 1965 that has a higher priority than that of the last administration.
The new Executive Order issued by the president on April 23, 2025, introduces sweeping changes to the higher education accreditation system in the United States. The order seeks to redefine federal oversight by emphasizing accountability, institutional outcomes, and a rejection of what the administration views as unlawful discriminatory practices embedded in diversity, equity, and inclusion (DEI) standards and requirements.
The recent Executive Order proposing the dismantling of the U.S. Department of Education raises significant concerns for higher education governance. While an outright closure of the agency remains unlikely due to the need for congressional approval, significant budget and personnel reductions will undermine its effectiveness and raise operational challenges that will impact institutions and the students that they serve.
Following up the executive orders (EOs) signed by the Trump Administration focused on diversity, equity and inclusion (DEI), and in the wake of the US Supreme Court’s 2023 decision in Students for Fair Admissions, the Department of Education issued a “Dear Colleague” letter on Friday, February 14 outlining its interpretation of federal civil rights laws, particularly Title VI of the Civil Rights Act of 1964.
On April 29, the U.S. Department of Education (the Department) released the final rule on Title IX of the Education Amendments of 1972.
On April 26, 2024, the U.S. Department of Labor (DOL) issued a new rule regarding “exempt” and “nonexempt” employee status under the Fair Labor Standards Act (FSLA). The new rule revises the standard salary threshold and will classify more workers as nonexempt and therefore eligible for overtime pay. The threshold will be raised beginning July 1, then again on January 1, 2025.
In October 2023, the U.S. Department of Education published a series of new and revised regulations impacting higher education institutions and their ability to receive federal funding.
On June 30, 2023, the U.S. Supreme Court struck down the Biden administration’s student debt relief plan.
On Thursday, June 29, 2023, the U.S. Supreme Court ruled that the use of race in admissions decisions at the University of North Carolina (UNC) and Harvard College was unconstitutional, violating the Equal Protection Clause of the Constitution’s Fourteenth Amendment.
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