Federal Updates

Presidential Executive Order 14173 seeks to eliminate what the administration considers "illegal" diversity, equity and inclusion (DEI) practices within the federal government and among federal contractors and directs agencies to cease promoting DEI initiatives and policies. It also rescinds EO 11246 issued in 1964. This order addresses DEI programs that could be construed as discriminating against individuals based on race, color, religion, sex, national origin, age or disability. This order also requires universities to certify that they do not operate programs promoting DEI that violate applicable anti-discrimination laws. 

Presidential Executive Order 14168 mandates that federal agencies must use "sex" instead of "gender" in official documents and policies, and restricts the recognition of gender identity in government functions. This order prohibits federal funding from being used to support "gender ideology" or gender-affirming care.

It also indicates that the federal government will take all appropriate action to affirmatively protect all-female athletic opportunities and all-female locker rooms by clearly specifying and clarifying that women’s sports are reserved for women.

The "Dear Colleague" letter dated February 4, 2025, informs educational institutions that they must revert to using the 2020 Title IX regulations regarding sex discrimination, invalidating the recently proposed 2024 Title IX revisions.

The "Dear Colleague" letter dated February 14, 2025, calls upon all educational institutions to cease illegal use of race, color or national origin in admissions as well as in hiring, compensation, promotion, scholarships, prizes, sanctions and discipline. Universities may no longer make decisions or operate programs based on race or race stereotypes in any of these categories or they risk losing access to federal funds.

National Institutes of Health on February 7, 2025, issues guidance that seeks to immediately cap indirect costs to 15% on all existing and new NIH grants. Indirect costs cover among other things, administrative costs, electricity and building usage.

State Updates

Executive Order GA-44 requires that all higher education institutions in Texas review their free speech policies to establish appropriate punishments for antisemitic rhetoric on college and university campuses, and that policies that address the rise of antisemitic acts are enforced and include the specified definition of antisemitism.

Executive Order GA-48 relates to the “hardening of state government.” This order requires all public institutions of higher education that submit reporting on foreign gifts and contract disclosures to the U.S. Department of Education under Section 117 to submit the same reporting to the Texas Higher Education Coordinating Board. Travel to China (including Hong Kong and Macao), Cuba, Iran, North Korea, Russia or Venezuela (Nicolas Maduro regime) for professional reasons is suspended and personal travel must be reported.

Executive Order GA-55 requires all Texas state agencies to eliminate any forms of DEI policies and to treat all people equally regardless of race.

Proposed State Legislation Relating to Higher Education

SB 1069-Middleton specifies procedures and actions for resolving allegations of religious discrimination against a student.

HB 2311-Harrison expands upon SB 17 from last session in eliminating DEI related research, courses, scholarly research or creative work by institution’s students, faculty or other research personnel.

HB 2339-Harrison prohibits public institutions of higher education from offering LGBTQ or DEI studies courses.