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

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.”

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.