Transparency or Turbulence: Colleges Brace for Education Department Crackdown on Admissions Data

Quick Hits

• ED has proposed a supplement to the department’s annual system of collecting postsecondary educational institution data—known as the “Integrated Postsecondary Education Data System” (IPEDS)—that would require the collection of race- and sex-disaggregated data on applicants, admits, and enrollees, including information related to grade point average (GPA) quintiles, standardized test scores, application round (early/regular), family income, Pell Grant eligibility, first-generation status, financial aid offered and received, graduation outcomes, and other factors used in admissions decisions.
• ED estimates that the collection and processing of data will require more than 740,000 total burden hours; recent staffing cuts at two of the department’s divisions raise feasibility and data quality concerns.
• Heightened enforcement and audits are anticipated, with a focus on Title VI compliance.
• Public comments on the proposal are due by October 14, 2025.

ED’s information collection notice and comment request on the proposed ACTS addition to IPEDS cites a need for “greater transparency” to uncover “unlawful practices,” asserting that “[diversity, equity, and inclusion] has been used as a pretext” for racial discrimination in admissions despite the Supreme Court of the United States’ decision in Students for Fair Admissions v. President and Fellows of Harvard College. Notably, the federal government currently does not collect race-based data on admissions and scholarships. ED states that this supplementary data collection will enable it to “better enforce Title VI, and create good incentives for voluntary compliance.”

Public comments on the proposal are due by October 14, 2025. Approval from the White House Office of Management and Budget could come as soon as year-end, with reporting requirements potentially starting soon after. Covered institutions will likely want to prepare for potential regulatory changes and audits as early as 2026.

Proposed Requirements

The ACTS proposal applies to selective four-year institutions, with ED seeking input on the scope and definitions of covered entities. Institutions would be required to report six years of retrospective data (2020–21 through 2025–26), disaggregated by race and sex for applicants, admits, and enrollees. Required data elements would include information on GPA, standardized test scores, application round, family income, Pell Grant eligibility, first-generation status, financial aid offered and received, graduation rates and outcomes, and any additional factors used in admissions decisions. Graduate programs must report by field of study (CIP code). ED is also soliciting comments on the feasibility, burden, and standardization of key data elements.

Public Comment Themes

A review of more than 1,800 submitted public comments reveals broad support for increased transparency, but strong opposition to the specifics of the ACTS proposal. The most common concerns include excessive reporting burdens and underestimated resource needs, challenges with feasibility and data quality—particularly for institutions with limited resources or incomplete historical records—privacy and compliance risks, lack of standardization and unclear definitions, and a compressed, unrealistic timeline. Many commenters recommend delaying, piloting, phasing, and scaling back the requirements, along with providing clearer definitions and more institutional support. While a minority of commenters support enhanced data collection, the commenters also urge a cautious, phased approach. The prevailing recommendation from a review of submitted comments calls for ED to significantly revise the proposal before moving forward.

Next Steps for Covered Higher Education Institutions

Because increased data reporting and enforcement could begin as soon as 2026, covered higher education institutions might want to consider undertaking the following steps:

• conducting reviews of the ACTS requirements and assessing readiness to produce six years of retrospective, disaggregated data;
• creating plans for collecting, organizing, and safeguarding data responsive to ACTS survey components and National Center for Education Statistics requests;
• conducting privileged reviews of admissions data across the full reporting period and performing robust analyses controlling for relevant admissions factors to inform compliance strategies; and
• preparing for increased audits and enforcement, including accuracy checks, risk-based Title VI analyses, and potential remedial actions for late or inaccurate submissions.

Ogletree Deakins’ Diversity, Equity, and Inclusion Compliance, Government Contracting and Reporting, Higher Education, and Workforce Analytics and Compliance Practice Groups will continue to monitor developments and will provide updates on the Diversity, Equity, and Inclusion Compliance, Government Contracting and Reporting, Higher Education, and Workforce Analytics and Compliance blogs as additional information becomes available.

This article and more information on how the Trump administration’s actions impact employers can be found on Ogletree Deakins’ Administration Resource Hub.

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