Education Department Releases Regulatory Agenda

Civil rights and student financial aid issues top the list of the Department of Education’s regulatory priorities for the coming year, including new rules intended to make it easier for the agency to take action against institutions found to have violated anti-discrimination provisions.

In its newly issued regulatory agenda, the Trump Administration identifies details and estimated timelines for federal rulemaking efforts that the Department is planning to pursue. On the civil rights front, the Department is developing the aforementioned proposed rules this fall to make it easier to strip federal funding from institutions that violate Title VI or Title IX. The agency is also planning to release proposed rules to eliminate Title IX regulations on disparate impact liability in accordance with President Trump’s Executive Order on the subject.

In addition, the Trump Administration intends to engage in negotiated rulemaking to revise regulations on numerous topics related to the Title IV student financial aid programs, including proposed rules on change of ownership, cash management, administrative capability standards, and financial responsibility standards expected by spring 2026. Given that some of these same topics were the subject of rulemaking efforts during the Biden Administration, it is possible that reversal of some of those more contentious policies may be on the table.

The Department also announced plans to engage in negotiated rulemaking on accreditation “to clarify institutional flexibility to pursue changes of accreditors without prior Department approval and remove other burdensome requirements that erect barriers to entry for new accreditation agencies,” with proposed rules expected in January 2026.

Finally, the Department intends to release new proposed rules this fall on documenting foreign gifts and contracts under section 117 of the Higher Education Act and to amend regulations under the Family Educational Rights and Privacy Act, with proposed rules also anticipated in January 2026.

For more information, please contact:
Jody Feder