Legal Action

Council for Opportunity in Education v. U.S. Department of Education

Filed in: U.S. District Court for the District of Columbia

  • Case Number

    1:25-CV-03491

  • Date Filed

    09/30/2025

  • Issue Areas

    DEIA, Education, Federal Funding

Summary

An educational membership organization filed suit challenging the Department of Educations’s denial of federal Student Support Services (SSS) grants to colleges and universities serving low-income, first-generation, and disabled students. Plaintiff alleges that the Department unlawfully rejected applications based on required equity statements and Biden-era grant priorities, applying new anti-diversity, equity, and inclusion policies retroactively and without proper rulemaking. The complaint asserts that the Department’s actions were arbitrary, capricious, procedurally improper, and contrary to law, violating the Administrative Procedure Act, Title VI of the Civil Rights Act, and the Higher Education Act. Plaintiff seeks declaratory, injunctive, and mandamus relief to set aside the unlawful denials and compel the Department to reconsider and award the grants consistent with lawful procedures.

Learn More About the Case

Plaintiffs

  • Council for Opportunity in Education

Plaintiffs' Counsel

  • Thompson Coburn, LLP

Defendants

  • U.S. Department of Education
  • Secretary Linda McMahon