State AGs Sue Over Unlawful College Data Demand
Summary
Rhode Island and 16 other state Attorneys General have filed a lawsuit challenging the Department of Education's new data collection requirements for higher education institutions. The coalition argues the demand for race and sex-disaggregated data, retroactively for seven years, is unlawful, burdensome, and jeopardizes student privacy.
What changed
A coalition of 17 state Attorneys General, led by Rhode Island AG Peter F. Neronha, has filed a lawsuit against the Department of Education (ED) challenging new data collection requirements for colleges and universities via the Integrated Postsecondary Education System (IPEDS). The ED, following a presidential memo and a finalized rule after a comment period, mandated institutions report race and sex-disaggregated data, retroactively for seven years, by March 18, 2026. The coalition argues this rushed implementation is unlawful, places an undue burden on institutions, increases the risk of reporting errors, and jeopardizes student privacy.
Regulated entities, specifically higher education institutions participating in federal student financial aid programs, face a compliance deadline of March 18, 2026, to submit the new IPEDS data. Failure to comply could result in "costly penalties and baseless investigations." The lawsuit contends the ED's actions are arbitrary, capricious, and contrary to law, highlighting the potential for severe financial penalties and the risk of identifying individual students due to the in-depth data requested.
What to do next
- Review the lawsuit's arguments regarding the legality and burden of the new IPEDS data requirements.
- Assess current data collection and reporting capabilities against the ED's new demands for race and sex-disaggregated data.
- Consult legal counsel regarding potential risks of non-compliance, including penalties and investigations.
Penalties
Costly penalties and baseless investigations into institutional practices.
Source document (simplified)
Attorney General Neronha, coalition sue to stop unlawful data demand to colleges and universities
Published on Wednesday, March 11, 2026
Attorney General Peter F. Neronha today joined a coalition of 17 attorneys general in challenging the Trump Administration’s demand that higher education institutions provide new data via a recently added component to the Integrated Postsecondary Education System (IPEDS), a collection of interrelated surveys administered by the Department of Education, following the Supreme Court decision in Students for Fair Admissions v. Harvard.
The coalition argues the rushed implementation of the new survey requirements leaves institutions vulnerable to inadvertent errors and unreliable data that could lead to costly penalties and baseless investigations into their practices, and that it jeopardizes student privacy by requesting in-depth information about individual students.
Administered through the Department of Education (ED), IPEDS is a mandatory survey that gathers data from colleges, universities, and technical and vocational programs participating in federal student financial programs. Since 1986, it has served as a valuable tool for reliable data collection and statistical reporting by universities. On August 7, 2025, President Trump issued a memo stating that IPEDS would now become a tool to track “consideration of race in higher education” and investigate universities’ compliance with Students for Fair Admissions v. Harvard.
Following the memo, ED Secretary Linda McMahon announced new requirements for institutions demanding they report data via IPEDS disaggregated by race and sex and retroactively report data from the past seven years. On December 18, 2025, following a notice and comment period in which members of the coalition provided comments strongly opposing the new rules, the Trump Administration finalized the new requirements. The deadline for institutions to provide the new data is March 18, 2026.
In the lawsuit, the coalition argues that the ED’s rushed implementation of the new data requirements ignores the incredible burden they place on institutions and dramatically increases the possibility of inadvertent reporting errors and unreliable data. For example, in their haste to roll out the new requirements, ED failed to provide definitions for critical terms, leaving universities guessing what information they are supposed to provide, and facing severe financial penalties if they guess wrong. Furthermore, the Trump Administration has eliminated hundreds of positions within ED, including within the very offices responsible for providing clarity about the requirements to universities.
Moreover, the coalition argues the new data demands jeopardize student privacy and could lead to individuals being easily identified. Many institutions have data protection obligations to their students, which are placed at risk by the Administration’s new IPEDS demands for in-depth information about individual students.
The attorneys general argue the Trump Administration’s actions are contrary to law, fail to observe the procedure required by law, and are arbitrary and capricious. They argue the implementation of the new data requirements was unlawful and will place an undue burden on colleges and universities.
Joining Attorney General Neronha in filing this lawsuit are the attorneys general of California, Colorado, Connecticut, Delaware, Hawaiʻi, Illinois, Maryland, Massachusetts, Nevada, New Jersey, New York, Oregon, Vermont, Virginia, Wisconsin, and Washington.
Date
Wed, 03/11/2026 - 11:55
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