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Washington AG Leads 17-State Lawsuit Against Education Department Over Student Data Privacy Requirements

by Favour Bitrus
March 12, 2026
in Politics
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Washington Attorney General Nick Brown and 16 other state attorneys general sued the Trump administration’s Department of Education over new requirements forcing colleges to submit detailed admissions and student data that the coalition argues violates privacy protections and was implemented too quickly for institutions to comply accurately.

The lawsuit challenges a recently added component to the Integrated Postsecondary Education Data System, known as IPEDS, a mandatory collection of interrelated surveys for institutions that participate in federal student financial programs. The Department of Education says the new reporting is intended to track institutions’ compliance with the Supreme Court decision in Students for Fair Admissions v. Harvard, which says race cannot be used as a factor in admissions.

Brown and the coalition argue that the new survey requirements were implemented too quickly, leaving institutions vulnerable to inadvertent errors and unreliable data that could lead to costly penalties and baseless investigations. They also say the new requirements jeopardize student privacy by requesting in-depth information about students. “At every turn, this administration is doing all it can to crush the colleges and universities that have made the U.S. a global leader in higher education,” Brown said. “We will fight this unreasonable and illegal demand and defend students’ right to privacy.”

Picture Credit: McKnight's Long-Term Care News

IPEDS has been used since 1986 for data collection and statistical reporting by universities, according to the attorneys general. But the lawsuit points to an Aug. 7, 2025, memo from President Trump stating that IPEDS would become a tool to track “consideration of race in higher education” and investigate universities’ compliance with Students for Fair Admissions v. Harvard.

Following that memo, Education Secretary Linda McMahon announced new requirements for institutions to report data through IPEDS disaggregated by race and sex, and to retroactively report data from the past seven years, the lawsuit says. The Department of Education finalized the new requirements on Dec. 18, 2025, after a notice-and-comment period in which members of the coalition submitted comments opposing the rules. The deadline for institutions to provide the new data is March 18.

In the lawsuit, Brown and the coalition argue the Department of Education’s rollout ignores the burden placed on institutions and increases the risk of reporting mistakes. They say the agency failed to provide definitions for key terms, leaving universities to guess what information they are required to submit while facing severe financial penalties if they guess wrong. The attorneys general also argue that the department has eliminated hundreds of positions, including in offices responsible for providing clarity to universities about the requirements.

The coalition contends the department’s actions are contrary to law, fail to follow required procedures, and are arbitrary and capricious. They are asking the court to block the implementation of the new data requirements. The lawsuit represents the latest clash between state attorneys general and the Trump administration over education policy, with universities caught between federal compliance demands and state-level privacy protections.

Tags: affirmative actioncollege admissions dataEducation Department lawsuithigher education privacyIPEDS requirementsLinda McMahonNick Brownstudent privacyTrump AdministrationWashington AG
Favour Bitrus

Favour Bitrus

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