Compliance

For more than three decades, the federal government maintained a policy restricting immigration enforcement operations at or near schools and other “sensitive locations.” That longstanding protection ended abruptly in January 2025, when the Department of Homeland Security (DHS) rescinded its sensitive locations policy and replaced it with guidance leaving enforcement decisions to the discretion of individual Immigration and Customs Enforcement (ICE). The policy shift has led to increased immigration enforcement activity at or near schools nationwide, prompting legal challenges from school districts concerned about disruptions to their educational mission.

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On January 22, 2026, the U.S. Equal Employment Opportunity Commission (“EEOC”) voted 2-1 to rescind its “Enforcement Guidance on Harassment in the Workplace,” which had been approved in 2024. In a statement, EEOC Chair Andrea Lucas contended that the 2024 Guidance overstepped the agency’s authority by imposing new obligations on employers rather than simply interpreting existing law. Lucas emphasized, however, that “rescinding this guidance does not give employers license to engage in unlawful harassment,” and that the EEOC “will continue to be dedicated to preventing and remedying unlawful workplace harassment.”

Legal office of lawyers, justice and law concept : Judge's gavel or hammer and base used by a judge person on a desk in a courtroom with blurred books and a bookshelf or bookcase in the background.

On April 23, 2025, President Trump issued Executive Order #14280 (EO 14280), “Reinstating Commonsense School Discipline Policies.” This order directs the U.S. Department of Education and the U.S. Attorney General to issue new guidance on school discipline and move away from the disparate impact framework that the Obama and Biden administrations had applied.

Empty Classroom with Colorful Chairs and Desks school 1

The enactment of Section 25F of the Internal Revenue Code—part of the One Big Beautiful Bill Act (P.L. 119-21)—is one of the most significant developments in education-related tax policy in a generation. Building on decades of state-level tax credit scholarship programs, Congress has established a federal framework that channels private philanthropic capital into K-12 scholarships through a new qualifying vehicle: the Scholarship Granting Organization (“SGO”). For schools, charities, and foundations invested in educational access, the moment calls for informed strategic planning.

Judge gavel on a wooden desk, law books background

In recent years, a handful of high-profile legal challenges have emerged in response to state laws requiring the display of religious texts in public school classrooms, particularly in conservative states. Both Texas and Louisiana have enacted legislation mandating that public schools prominently display the Ten Commandments, prompting lawsuits from parents and advocacy groups who argue that such measures violate the First Amendment. While courts have expressed skepticism toward state-sponsored religious displays in schools, ongoing litigation means the future of these laws—and the separation of church and state in public education—remains uncertain.

image of a half-open door to school class

Numerous school districts across the United States still operate under desegregation orders originally implemented in the decades following the Supreme Court’s decision in Brown v. Board of Education, which held that racially segregated school districts were unconstitutional. 347 U.S. 483 (1954). Achieving unitary status marks the point at which a formerly racially segregated school system is deemed to have dismantled de jure segregation and, therefore, may be released from federal court supervision.

On January 7, 2026, the U.S. Department of Education (the “Department”) approved Iowa’s “Returning Education to the States Waiver,” making Iowa the first state to receive such approval. This waiver frees Iowa from several requirements related to the Every Student Succeeds Act (“ESSA”) and thereby give it greater flexibility in how it uses certain federal education funds.

On July 2, 2024, the U.S. Department of Education’s (Department) Office for Civil Rights (OCR) released a Fact Sheet, which provides guidance to help school districts prevent and address discrimination, including harassment, based on race, color, or national origin. The Fact Sheet clarifies the legal obligations of school districts under Title VI of the…

On May 6, 2020, the U.S. Department of Education (“ED” or “the Department”) released the long-anticipated final Title IX regulations, which have a significant impact on schools all across the country—both K-12 and higher education institutions. This post identifies some of the key differences between requirements for K-12 and higher education institutions, as provided in the final regulations and related comments from the Department.

Interested in learning more? Join us December 3 and 4, 2020, for two half-day training sessions on Sexual Harassment and Sexual Assault in K-12 Schools – Title IX Compliance and Response to New Regulations. Register here.