Higher Ed Counsel & Strategic Solutions

Changing economic and political circumstances are prompting US institutions—including colleges and universities—to reconsider their publicly stated sustainability targets and climate commitments. This trend reflects economic pressures, scrutiny of climate action by the current federal administration and some state attorneys general, and the reality that many entities with decarbonization goals (e.g., “net zero by 2050”) are not on track to meet them. 

As the higher education sector undergoes rapid transformation, higher education institutions (“IHEs”) are increasingly considering mergers and acquisitions (“M&A”) as strategic options. Economic, demographic, and political pressures, including declining enrollment, rising operational costs, competition from online education providers, and the looming “demographic cliff”, are prompting colleges and universities to view M&A as a part of their strategic toolkit. 

Reductions in force (RIFs), also referred to as layoffs, downsizing, or restructuring, remain one of the most challenging workforce management decisions college and university employers face. Beyond the operational and financial considerations, RIFs carry significant legal, reputational, and strategic risks and considerations. Institutions must carefully navigate federal, state, and local laws, as well as policies and procedures unique to higher education such as tenure and faculty handbooks, while also ensuring that their actions are fair, transparent, and sensitive to affected staff and faculty.

On August 7, 2025, President Trump issued a presidential memorandum titled “Ensuring Transparency in Higher Education Admissions” along with a related fact sheet. According to the memorandum, the Supreme Court has “definitively held that consideration of race in higher education admissions violates students rights” but a “persistent lack of available data” combined with “overt and hidden racial proxies” caused further “concerns about whether race is actually used in process.” The memorandum indicated that the government has not been able to collect sufficient data to “expos[e] unlawful practices[,]” and directed the Secretary of Education to makes changes to the federal collection and publication of admissions data for U.S. institutions of higher education.

K-12 schools and institutions of higher education should be keenly aware of the laws and best practices for engagement with minors (i.e., persons under the age of 18).  Teachers, non-instructional staff, coaches, and volunteers in every school district interact with minors on a daily basis.  In higher ed, faculty, staff, and even college students themselves regularly interact with minors in the context of collegiate athletics and recruiting; college and university admissions programs; and summer school sessions and internships for high-school students.

On April 23, 2025, the Administration issued an Executive Order entitled “Reforming Accreditation to Strengthen Higher Education” along with an accompanying fact sheet. An institution of higher education’s accreditation is a prerequisite for participation in the U.S. Department of Education’s federal student financial aid program under Title IV.