Education – Admissions and Consumer Transparency Supplement

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Where (1) a complaint was filed challenging the Admissions and Consumer Transparency Supplement, which compels colleges and universities to disclose certain data concerning student admissions, (2) a request by 17 states, including Massachusetts, for a preliminary injunction was allowed, and (3) several associations of colleges and universities and one group of colleges have intervened essentially seeking the same relief, the scope of the preliminary injunction should be expanded to include the intervenors.

“This matter involves a challenge to a new requirement promulgated by the United States Department of Education — the Admissions and Consumer Transparency Supplement (‘ACTS’) — that compels colleges and universities to disclose certain data concerning student admissions.

“In substance, the ACTS survey mandates detailed reporting of admissions data — including information concerning race, ethnicity, gender, family income, parental education, and other demographic factors, as well as admission test scores and grade point averages — for all applicants, admitted students, and enrolled students, at both the undergraduate and graduate level, both currently and for the preceding six years.

“The original plaintiffs are 17 states, including Massachusetts, with public university systems that participate in federal student financial aid programs. On April 3, 2026, this Court issued a preliminary injunction enjoying the application of the ACTS survey as to the 17 plaintiffs on the ground that it likely violates the Administrative Procedure Act, 5 U.S.C. §706(2). The Court concluded that while it was likely that DOE has the statutory authority to collect race and other demographic information concerning college admissions, the process by which the ACTS survey was adopted likely violated the APA.

“Since the issuance of that order, several associations of colleges and universities and one group of colleges have intervened in this proceeding. All seek essentially the same relief as the original plaintiffs — that is, a preliminary injunction or stay of the ACTS requirement.

“For the reasons set forth below, while there are some differences between the claims of the intervenor-plaintiffs and the original plaintiffs, they are not sufficiently significant to warrant a different result. Accordingly, the Court will extend the scope of its preliminary injunction to include the intervenor-plaintiffs. As in its April 3, 2026 Order, the Court is not vacating the ACTS survey in its entirety, which will continue to apply to colleges and universities that are not part of this lawsuit. Instead, it is enjoining its application only to the intervenor-plaintiffs (and, by extension, the colleges and universities that are members of the relevant associations).”

Commonwealth of Massachusetts, et al. v. Department of Education, et al. (Lawyers Weekly No. 02-241-26) (26 pages) (Saylor, J.) (Civil Action No. 26-11229-FDS) (April 24, 2026).

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