ACTS Lawsuit Leads to Reporting Delay

A federal judge issued a temporary restraining order (TRO) last week, prompting the Department of Education to extend the deadline for submitting data under the new Admissions and Consumer Transparency Supplement (ACTS) survey from March 18 to March 25 for all institutions. The court is holding a hearing on March 24 to determine if a further reporting delay is warranted.

As reported in last week’s Washington Update, 17 states sued the Department of Education challenging the legality of the new ACTS survey, a new data collection within the Integrated Postsecondary Education Data System (IPEDS) that requires colleges to report more detailed information on applicants and enrollees to increase transparency in the admissions process. 

Due to the ambiguous wording of the TRO, the Department initially took the position that the delay applied only to institutions in the 17 plaintiff states but subsequently decided to extend the deadline for all institutions nationwide. The TRO provides short-term relief from the reporting requirement until March 25, to allow the court to consider whether to issue a preliminary injunction. NAICU is joining an amicus brief in support of the motion for preliminary injunction which, if successful, would further delay the implementation of the policy while the courts decide its long-term fate.

In the meantime, institutions should continue preparing to submit their IPEDS ACTS data. Institutions that qualify for the Department’s conditional April 8, 2026 extension will still have until that date to submit their data.

NAICU has been actively engaged with the Department on the ACTS survey and has consistently raised concerns about the operational challenges, timing, and potential unintended consequences for institutions. Given these problems, NAICU has asked the Department to delay the reporting requirements for at least three months.

For more information, please contact:
Jody Feder