Universities Face Stricter Data Reporting Requirements Under New Trump Policy
By: David P. Johnson and Mark I. Pinkert
On August 7, 2025, President Trump signed a Presidential Memorandum to require greater transparency regarding university admissions practices.[1] The Memorandum reinforces previous executive orders and memoranda regarding DEI practices. Under this Memorandum, the Secretary of Education is directed to take regulation action to compel universities that accept federal funds to disclose additional information on admissions numbers, and more fulsome and accurate data, to the Department of Education to provide greater transparency for students, parents, and taxpayers.
Background
In 2023 the Supreme Court held in Students for Fair Admission (“SFFA”) v. Harvard that discrimination based on race is prohibited by the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964. In the years since, however, some universities, scholarships, and accreditation organizations, such as the American Bar Association, have looked for “loopholes” and other ways to get around the Court’s order in SFFA and continue affirmative action practices.
In January 2025, President Trump signed Executive Order 14173 “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”[2] The Order, among other things, required the Secretary of Education and the Attorney General to issue guidance to State and local education agencies and institutions of higher education that receive federal funds regarding measures and practices required to comply with SFFA.
The Memorandum
The admissions data Memorandum does a few things. First, it directs the Secretary of Education to make the Integrated Postsecondary Education Data System (“IPEDS”) more efficient, accessible, and “intelligibly presented.” Under Section 487(a)(17) of the Higher Education Act of 1965, postsecondary schools participating in Title IV programs are required to annually report data—including costs, financial aid, admissions data, enrollment, and graduation rates. The IPEDS is repository for that data, housed in the National Center for Education Statistics. In concert with other agencies, the Secretary is directed to overhaul the data collection mechanisms to streamline the process and more efficiently organize and utilize data submitted by institutions.
Next, the Memorandum instructs the Secretary to expand the scope of the information required to be reported, beginning in the 2025-2026 school year, to provide greater transparency. The precise scope of that data is to be determined by the Secretary. Finally, it orders the Secretary to increase accuracy checks for data submitted through IPEDS and take remedial action if institutions submit incorrect, inaccurate, or untimely data.
The Memorandum is consistent with previous policies and actions taken by the Trump Administration, and will have immediate consequences. With the pushback from academia to both SFFA and Trump Administration actions, institutions of higher education can expect to be under a microscope regarding admissions data, and programs related to DEI. This Memorandum is likely another one more step of many to ensure that institutions of higher education comply with SFFA and Administrative actions.
Recommendation
University leadership and in-house counsel should work with outside counsel to monitor these regulatory developments and properly implement and adhere to forthcoming Education regulations. They should ensure that admissions officers and employees are not attempting to circumvent SFFA and administration policy regarding DEI, as it could subject the university to legal liability and government enforcement actions at the both the federal and state level.
[1] Fact Sheet: President Donald J. Trump Ensures Transparency in Higher Education Admissions (Aug. 7, 2025),
https://www.whitehouse.gov/fact-sheets/2025/08/fact-sheet-president-donald-j-trump-ensures-transparency-in-higher-education-admissions/
[2] https://www.whitehouse.gov/presidential-actions/2025/01/ending-illegal-discrimination-and-restoring-merit-based-opportunity/
