TakeawaysThe NCAA has implemented severe automatic penalties for Division I programs that circumvent the Transfer Portal process.The penalties apply to any transfer on or after 02.25.26.Designed to provide immediate accountability, the penalties apply across all sports.Related linksDI Cabinet adopts new rules to address ‘ghost transfers’ for all sportsSchools Face ‘Significant Penalties’ as NCAA Focuses on Transfer Process TamperingArticle
Articles Discussing The Workplace In The Education Industry.
Massachusetts Federal Court Extends ACTS Survey Deadline for Two Higher-Education Associations
A federal judge in Massachusetts has provisionally allowed two higher-education associations to intervene in ongoing litigation challenging the U.S. Department of Education’s (ED) Admissions and Consumer Transparent Supplement (ACTS) survey and has further extended the survey’s completion deadline for their member institutions.
Seventeen States Win More Time as Court Weighs Blocking ED’s Admissions Data Survey
A federal judge in Massachusetts will consider whether to block the Trump administration’s new admissions data reporting requirements for the state colleges and universities of a coalition of seventeen states that filed a lawsuit alleging the data collection is unlawfully burdensome and exceeds the U.S. Department of Education’s (ED) authority.
Stakeholder Opportunity: College-Athlete NIL and Compensation on Lawmakers’ Radar
TakeawaysThe Senate HELP Committee is considering options for federal legislation to address “fixing college sports.”Senators are concerned about the “exploitation” of student-athletes and protecting educational opportunities at colleges and universities.Jackson Lewis participated in the Committee’s conversation and can assist stakeholders who have until 04.10.26 to submit their responses to certain topics and questions to the Committee.Related links
Court Extends ACTS Deadline to March 25 for Plaintiff States as Legal Challenge Proceeds
On March 11, 2026, a coalition of seventeen states, led by the Commonwealth of Massachusetts, filed a lawsuit, Massachusetts v. U.S. Department of Education, in the U.S. District Court for the District of Massachusetts, alleging that the U.S. Department of Education’s new Integrated Postsecondary Education Data System (IPEDS) survey component—the
Schools Face ‘Significant Penalties’ as NCAA Focuses on Transfer Process Tampering
TakeawaysThe NCAA has made enforcement of tampering rules a priority and warned institutions that violations will lead to “significant penalties,” reaffirming restrictions on unauthorized contact with student-athletes.The Division I Football Oversight Committee recommended emergency legislation imposing strict penalties on schools that circumvent the transfer process.The Division I Cabinet endorsed applying these penalties across all sports.Related links
A Year After the February 14, 2025 USDOE Dear Colleague Letter and Title VI Coordinators
One year after the DOE’s Dear Colleague Letter, institutions are still wrestling with the shifts in federal enforcement priorities redefining what Title VI compliance means. Jackson Lewis’ Carol Ashley and Dani Bland highlight the potential pitfalls and strategic considerations for schools seeking to comply with changing expectations.
Student Athletes or Employees? The Constantly Changing State of Play
The business of college sports is accelerating. So are the legal questions. Labor Relations Group Co-leader Laura Pierson-Scheinberg and her colleagues, former NLRB chair Marvin Kaplan and Michael Bertoncini, discuss what college and university athletic programs can expect from increased NIL activity and athlete mobility, shifting labor law interpretations, and growing state and federal levels of involvement.
Beyond the Court: NCAA Infractions Turn into Federal Indictments
- The DOJ gambling indictments include 20 NCAA basketball players allegedly targeted for bribes to exceed their NIL compensation.
Four Legal Trends Impacting Higher Education Institutions
From ‘illegal DEI’ to union activity to False Claims Act risks, the past year has been a flurry of activity and high-stakes changes for higher education institutions. It is critical for universities and colleges to strike a balance between compliance with federal anti-discrimination laws and upholding their mission statements and maintaining an inclusive culture for students and faculty alike.
Title VI Oversight Meets Data Reality: Comments on the ACTS Proposal Analyzed—Key Takeaways for Higher Education
With the comment period now closed on the U.S. Department of Education’s proposed Admissions and Consumer Transparency Supplement (ACTS) to its Integrated Postsecondary Education Data System (IPEDS), more than 3,400 submissions reflect broad participation across higher education and the public. Announced on August 15, 2025, the proposed data collection would
Five Privacy Issues Higher Education Institutions Should Consider Monitoring
TakeawaysHigher education institutions have unique data privacy and cybersecurity challenges, including cross-border data transfer requirements.Institutions are subject to increased regulatory oversight.Assessing current data privacy and cybersecurity processes, data maintained, and data shared across the institution and with third parties can help ensure compliance with varying legal requirements.Related links
Transparency or Turbulence: Colleges Brace for Education Department Crackdown on Admissions Data
On August 15, 2025, the U.S. Department of Education (ED) proposed adding a supplement to the department’s annually updated data collection from postsecondary educational institutions that participate in federal student financial aid programs. The supplement, called the “Admissions and Consumer Transparency Supplement” (ACTS), would require selective four-year institutions of higher
Unpacking the “House” Settlement’s Impact on Collegiate Athletics
EO Directs Future Reporting Requirements for Higher Education Institutions
TakeawaysThe Trump Administration is requiring higher education institutions in receipt of federal funding to report race-based admissions data.The secretary of education will revise reporting requirements of educational institutions to government agencies and take remedial action against institutions for unlawful or incomplete admissions data.Educational institutions should review their admissions practices to assess race-based considerations.Related links