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Legal Update Article

EO Directs Future Reporting Requirements for Higher Education Institutions

Takeaways

  • The Trump Administration is requiring higher education institutions in receipt of federal funding to report race-based admissions data.
  • The secretary of education will revise reporting requirements of educational institutions to government agencies and take remedial action against institutions for unlawful or incomplete admissions data.
  • Educational institutions should review their admissions practices to assess race-based considerations.

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The White House issued the “Ensuring Transparency in Higher Education Admissions” executive order (EO) on Aug. 7, 2025. The EO aims at eliminating the use of race in higher education admissions practices and revamping the process through which the government collects, processes, and presents admissions data from federally funded institutions.

The EO describes race-based admissions practices as unfair and a threat to national security. The EO goes on to say that its primary purpose is to promote “fairness and integrity” in higher education by instilling “confidence that [institutions] are recruiting and training capable future [professionals.]”

The EO tasks the education secretary with assessing the existing admissions data collection processes by the Integrated Postsecondary Education Data System (IPEDS), managed by the National Center for Education Statistics (NCES). The EO highlights that although IPEDS and NCES play a critical role in promoting transparency in higher education, IPEDS requires technological upgrades to expand its data collection and better fulfill its primary mission.

The EO orders the secretary to:

  1. In consultation with the leadership of other executive departments and agencies, review, revamp, and overhaul (if necessary) IPEDS’ data collection processes;
     
  2. Enhance reporting requirements for institutions by:

    A. Expanding the scope of the reporting requirements for institutions; 

    B. Increasing accuracy checks for submitted data to ensure the accuracy of IPEDS data; and 

    C. Taking remedial action for an institution’s submission of late, inaccurate, or incomplete data.

Next Steps for Educational Institutions

In light of the EO and in anticipation of further guidance, educational institutions in receipt of federal funding should:

  • Review their admissions and other related practices to determine the extent to which race-based data is collected and considered.
  • Review any revised reporting requirements from IPEDS and NCES.
  • Anticipate potential future audits and an increase in complaints and admissions-based challenges.

The requirements of the EO are to be initiated for the 2025-2026 school year. Within 120 days of the issuance date of the EO, the secretary of education, in coordination with NCES, shall determine the expanded reporting requirements for educational institutions. Those reporting requirements must be made public.

This is a developing situation, and we are continuing to analyze and understand the implications for academic institutions. Jackson Lewis attorneys are available to answer your questions and provide guidance.

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