New Title IX regulations issued by the Department of Education expand the types of sexual harassment schools must address and give schools greater flexibility in how they handle hearings. But the Supreme Court's recent ruling in "Loper Bright Enterprises v. Raimondo" expands courts' roles in how federal agencies interpret and enforce…

Negotiated rulemaking (neg-reg) has now been used by administrations of both parties to enact major changes to Department of Education rules. The goal of neg-reg is consensus, and the agency's proposals and the conversations during the rulemaking sessions naturally determine whether that goal will be achievable with the parties at the table. To…

This general qualitative research utilized semi-structured interviews of eight (8) experienced Title IX investigators from institutions of higher education (IHEs) in Massachusetts to understand federal Title IX regulatory compliance burdens. The rate of occurrence of sexual assault and harassment, as forms of sex discrimination, at IHEs remain…

In the past fifty years, governments across the world have experimented with a variety of market-based reforms to improve public service delivery. Market-based policies have been particularly influential in efforts to reform K-12 education governance in the United States. Prominent examples of these reforms include laws establishing public charter…

In 2024, the U.S. Supreme Court issued one of its most significant decisions that promises to reshape governance in education: "Loper." The case overruled "Chevron," a landmark case that required courts to defer to administrative agency interpretations of the law when (a) such laws were ambiguous and (b) the interpretations…

This paper reviews literature on trans* students' experiences in higher education, examining their obstacles and institutional approaches to inclusion. The study investigates challenges regarding chosen names and pronouns, access to facilities, extracurricular involvement, and the impact of increasing anti-trans* legislation. Despite growing…

Several provisions of federal education law, including the Elementary and Secondary Education Act of 1965 (ESEA) and the Individuals with Disabilities Education Act (IDEA), require public school districts to provide certain educational services to students attending private schools on an "equitable" basis. Both ESEA and IDEA give…

In 2020, the Free Application for Federal Student Aid (FAFSA) Simplification Act restored access to Pell Grants for students who are incarcerated, reversing a nearly 30-year ban on their eligibility for federal aid. To access Pell Grant funding, eligible students must be enrolled in federally recognized Prison Education Programs. This brief…

This report is the third in a three-part series examining how institutions of higher education have responded to state and federal policies limiting the use of transcript holds for unpaid balances. Ithaka S+R partnered with the American Association of Collegiate Registrars and Admissions Officers (AACRAO) to field the 2024 Transcript Hold…

The purposes of this article are (a) to canvass the current legislation, regulations, and illustrative agency policy interpretations specific to "transition services" under the Individuals with Disabilities Education Act (IDEA, 2018), and (b) to provide an update of the court decisions since the coverage of an earlier overview of the…

This report analyzes the evolution and effectiveness of standards-based reforms in U.S. education. Starting from the increased federal involvement with the Elementary and Secondary Education Act in 1965 to the Goals 2000 launch of more recent reforms, the document explores the role of state governments in implementing systemic reforms aimed at…

The purpose of this study was to evaluate both the U.S. Department of Education's legal rationale for the 2020 amendments to the existing Title IX regulations and the impact of the regulations on the reliability and accuracy of campus sexual assault adjudications in the higher education context. Title IX of the Education Amendments of 1972 is…

State leaders have long recognized the value of statewide tests. Many had well-developed testing systems long before the No Child Left Behind Act, signed in 2002, required annual assessments in grades 3-8. Another sign of that recognition is the recent plethora of new state testing requirements for K-3 students. But would states continue to test…

The purpose of this memorandum is to affirm that funds available under the Carl D. Perkins Career and Technical Education Act of 2006, as amended by the Strengthening Career and Technical Education for the 21st Century Act (Perkins V), may be used to develop, improve, and support Registered Apprenticeship (RA) programs that are part of the…

This non-regulatory guidance discusses provisions that govern within-district allocations under Title I, Part A (Title I) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA), and accompanying regulations in 34 C.F.R. §§ 200.64, 200.77, and 200.78. It first addresses required and…