United States: Education

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Consumer protection law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics that involve consumer protection regulations and the developing law surrounding them from specialists working in this area.
Article
Treasury Department Guidance Clarifies the Education Freedom Tax Credit
The U.S. Treasury and IRS have issued comprehensive regulations implementing the new Section 25F Education Freedom Tax Credit, creating federal incentives for individual taxpayers to contribute to Scholarship Granting Organizations that fund K-12 educational scholarships. With an estimated $26 billion in annual contributions expected by 2030, these regulations address critical operational questions including credit calculations...
United States Tax
HK
Holland & Knight
Article
Uniform Violation — The State-law Patchwork Governing Athlete Agents In The NIL Era
State athlete-agent laws create a complex regulatory patchwork across the United States, with variations in registration requirements, disclosure obligations, and enforcement mechanisms that significantly impact agents, agencies, schools, and student-athletes in the NIL era. Understanding how the Uniform Athlete Agents Act, Revised Uniform Athlete Agents Act, and state-specific statutes interact is essential for compliance as regulatory scrutiny intensifies.
United States Commercial
WR
Wiley Rein
Article
Federal Court Allows Antitrust Class Action Challenging Early Decision Practices To Proceed
A federal court has allowed a putative antitrust class action to proceed against 32 private colleges and universities, finding that plaintiffs plausibly alleged a horizontal agreement among schools not to compete for prospective students admitted through Early Decision. The ruling highlights a new trend of using antitrust laws to target higher education practices that have not historically been considered commercial conduct, raising questions about the legality of coordinated admissions and financial aid po
United States Anti-trust
BS
Ballard Spahr LLP
Article
Senate Passes Bipartisan Protect College Sports Act
On September 28, 2026, the Senate passed the Protect College Sports Act (PCSA), with roughly two dozen Democrats joining 50 Republicans in the 77-22 vote. Introduced by Senators Ted Cruz (R-TX) and Maria Cantwell (D-WA), the PCSA seeks to establish a uniform set of standards governing name, image and likeness (NIL) and eligibility issues in college athletics, while offering limited antitrust protections and bolstering the NCAA’s enforcement authority.
United States Consumer
BI
Buchanan Ingersoll & Rooney PC
Article
IRS Proposes New Nondiscrimination Requirement As A Condition Of Federal Tax-exempt Status For Private Schools
The Treasury Department and IRS have proposed new regulations that would establish an explicit racial nondiscrimination requirement for private schools seeking federal tax exemption under Section 501(c)(3). These proposed rules go beyond existing law by prohibiting all forms of racial discrimination in education regardless of intent, legality, or purpose, potentially affecting admissions policies, scholarship programs, and other school-administered initiatives.
United States Tax
HL
Hogan Lovells Cadwalader
Article
Proposed Nondiscrimination Rule For Private School Admissions, Financial Assistance, And Other Programs
The IRS has proposed new regulations that would impose nondiscrimination requirements on private schools seeking to maintain their tax-exempt status under section 501(c)(3). These regulations would prohibit policies discriminating on the basis of race, color, or national or ethnic origin in admissions, financial assistance, and other school programs. The proposed rules raise important questions about how private schools can structure their programs while complying with federal tax law requirements.
United States Tax
JD
Jones Day
Article
As The Protect College Sports Act Heads To The Senate Floor, What Institutions, Collectives And MMR Partners Should Watch
Congress is closer than ever to enacting a comprehensive federal framework for college athletics. The Protect College Sports Act of 2026 establishes uniform standards for NIL and eligibility issues while solidifying NCAA enforcement authority. With the Senate voting 74-24 to invoke cloture, the bipartisan legislation now moves toward a final vote, featuring provisions on revenue-sharing caps, agent restrictions, and antitrust immunity that will reshape the landscape of college sports.
United States Consumer
BI
Buchanan Ingersoll & Rooney PC
Article
Senate To Consider Sweeping College Sports Legislation: A Vote In The Senate Next Week Could Set The Stage For The Passage Of The Protect College Sports Act
The Protect College Sports Act of 2026 (PCSA), introduced in the Senate on June 2, 2026, by Senators Ted Cruz (R-TX) and Maria Cantwell (D-WA) and joined by Senators Eric Schmitt (R-MO) and Chris Coons (D-DE), represents a comprehensive federal legislative effort to reshape the governance and economics of intercollegiate athletics...
United States Media & IT
AG
Akin Gump Strauss Hauer & Feld LLP
Article
Trump Administration Seeks End To Tax-Exempt Status For Private Schools Offering Race-Based Support To Students
The U.S. Department of Treasury has proposed new regulations that would revoke federal tax-exempt status for private schools and colleges that consider race, color, or national origin in any of their policies or practices. The proposed rule would eliminate existing provisions that currently permit limited race-conscious measures and could dramatically affect thousands of private educational institutions across the country.
United States Tax
BS
Ballard Spahr LLP
Article
Treasury And IRS Propose Rules That Could Revoke Tax-Exempt Status Of Colleges, Universities And Private Independent Schools Engaging In Race-Based Practice
On Sept. 3, 2026, the U.S. Department of the Treasury and the Internal Revenue Service (IRS) released proposed regulations that would deny or revoke tax-exempt status under Internal Revenue Code (Code) Section 501(c)(3) for private educational institutions that offer targeted support to students based on race, color or national or ethnic origin.
United States Tax
BS
Bond, Schoeneck & King PLLC
Article
IRS Takes Aim: Proposed Rule Threatens Tax-Exempt Status Of Private Schools
The IRS has proposed a sweeping rule that would strip tax-exempt status from private schools maintaining race-conscious policies, including diversity, equity, and inclusion initiatives. The proposed regulation, set to impact over 18,000 educational institutions and 750,000 students, extends beyond traditional discrimination to encompass policies intended to serve remedial or diversity-related objectives. Schools face critical compliance decisions regarding scholarships, admissions criteria, and athletic pro
United States Tax
CM
Crowell & Moring LLP
Article
Managing Private Capital In College Athletics: A Fiduciary Framework For University Decision-Makers
As multi-billion dollar NIL markets, revenue sharing, media rights, and private investment reshape college athletics economics, university leaders face the challenge of balancing competitive ambitions with fiduciary responsibility and institutional mission. This comprehensive framework examines how institutions can evaluate strategic alternatives, assess valuation and governance risks, and structure private capital transactions that preserve autonomy while maximizing economic value.
United States Media & IT
HL
Hogan Lovells Cadwalader
Article
Education Freedom Tax Credit To Take Effect In 2027: Proposed Regulations Expected Soon
The One Big Beautiful Bill Act introduces Section 25F of the Internal Revenue Code, establishing a federal tax credit of up to $1,700 annually for individual taxpayers who contribute to eligible Scholarship Granting Organizations beginning in 2027. States must voluntarily elect to participate and identify qualifying SGOs, which face federal requirements for scholarship distributions, student eligibility verification, accounting practices, audits and reporting obligations. As the U.S. Department of the Treas
United States Tax
HK
Holland & Knight
Article
Title VI And School Discipline: The Dear Colleague Letter And New Investigations
The Department of Education has issued new guidance prohibiting schools from considering race in student discipline decisions, arguing that efforts to address racial disparities in disciplinary outcomes may violate Title VI. Two federal investigations have been launched against school districts, signaling an expansive interpretation of anti-discrimination law that could reshape how educational institutions approach equity considerations across all operations.
United States Consumer
FH
Foley Hoag LLP
Article
U.S. Department Of Education Proposes Sweeping Overhaul Of Higher Education Accreditation System
The U.S. Department of Education has proposed sweeping changes to the higher education accreditation system that would eliminate regional versus national accreditor distinctions, allow institutions to hold multiple accreditations, and shift evaluation standards toward measurable student outcomes rather than process compliance. The proposed rule would also mandate new protections for academic freedom and intellectual diversity while prohibiting accreditation standards that encourage violations of federal ant
United States Consumer
FH
Foley Hoag LLP
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