The Department of Education (DOE) closes the Office of English Language Acquisition, Smith College faces investigation for admitting transgender women, and the Supreme Court explores employees’ rights under Title IX.
Higher Education
Federal court blocks DOE’s demand for university data.
Colleges and universities do not have to comply with the DOE’s order to submit race and sex data for applicants and admitted students while a lawsuit plays out. In August 2025, the DOE directed the National Center for Education Statistics (NCES) to gather admissions data from institutions to ensure no “race-based preferences” in their admission processes. A federal judge blocked the Department’s order, citing a rushed timeline.
K-12
The DOE closes the Office of English Language Acquisition.
The DOE shuttered the Office of English Language Acquisition after eliminating all but one staff member more than a year ago. Critics argue that the agency’s decision removes school districts’ ability to provide instruction to English learners. The Trump administration, however, claims that closing the office will eliminate “red tape,” making it easier for schools to support English learners.
DEI
The DOE opens a Title IX investigation into Smith College.
The Trump administration is investigating Smith College, a historically all-women institution, for admitting transgender women. Since 2015, the Massachusetts college has allowed applications from any prospective students who identify as women. Although Title IX law allows schools to enroll all-male or female student bodies, the DOE argues that this exception only includes women based on “biological sex.” Critics respond that the investigation is yet another attempt to remove all safe spaces for transgender individuals.
In January 2026, OCR announced 18 transgender-focused Title IX investigations in response to schools permitting transgender participation in athletics. Of the investigations, 15 focused on K12 school districts. OCR currently maintains a database for both ongoing K12 and higher ed investigations.
Legal Updates
The Supreme Court will determine if employees can sue under Title IX.
The US Supreme Court agreed to hear a case to decide if school employees can sue their employers for violating Title IX law. The case, Thomas Crowther v. Board of Regents of University System of Georgia, explores whether the university system discriminated against two employees for filing an internal Title IX complaint and if Title IX protects those employees from termination. Although eight appeal courts have previously determined that school employees may sue their employers for violating Title IX law, the opposing argument suggests that employees are already protected from sex discrimination under Title VII. The Supreme Court will hear the case in October 2026.
How We Can Help
As education professionals stay informed of all federal updates and prepare for their impact, TIXC can help keep your schools compliant. For general up-to-date information and how it affects you and your institution, join us for TIXC Thursdays on the first Thursday of every month. For more information about our consulting services, including advising, hearing adjudication, and investigation, contact us at info@titleixconsult.com.