Court Order Delaying ACTS Deadline Applies Only to Public Institutions in 17 States

The court hearing before Judge F. Dennis Saylor resulted in a positive outcome for public institutions in the 17 states whose Democratic attorneys general filed suit. Brought earlier this month, the case challenges ED over the new requirement for admissions data disaggregated by race and sex.

Though Judge Saylor acknowledged the initial temporary restraining order (TRO) entered in this case applied to ED's actions impacting all higher education institutions, in a disappointing move at the conclusion of oral arguments he only further extended the TRO to April 6 for the benefit of public institutions in the 17 plaintiff states while considering whether to issue a broader preliminary injunction against ED. For public institutions outside those states and private institutions nationwide, the deadline didn't move from March 25.

This was not the hoped for outcome when ACE and 10 other higher education associations submitted an amicus brief last week supporting the motion brought by the plaintiffs for a stay of the ACTS while the court considers and decides the case. For more information on this issue and last week's amicus brief, click here.

For decades, campuses have relied on deliberative and collaborative processes ED to ensure that new IPEDS data collections are clearly defined, technically feasible, and implemented with sufficient lead time to produce reliable data. The ACTS reflects none of that, which is why in letters last October and December ACE and other associations urged ED to reconsider it.

Higher Ed Dive reported that Judge Saylor said he expected to issue a decision next week about a preliminary injunction, but it also appeared that if one is granted it would again pertain only to public institutions in the 17 plaintiff states: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Virginia, Wisconsin, and Washington.

Meanwhile, the Association of American Universities has filed a motion to intervene in the court case. For more on that, click here.