The following is a statement from the Association of American Universities about legal actions it took yesterday in a Massachusetts federal court challenging the Department of Education’s imposition of new data requirements on colleges and universities:
Yesterday AAU filed a motion to intervene in a lawsuit brought by the attorneys general of 17 states (California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Virginia, Washington, and Wisconsin) against the United States Department of Education (ED). The states’ suit challenges the department’s new requirement for all four-year institutions of higher education to submit a wide range of admissions data – some of which have not previously been collected or retained by colleges and universities – going back seven years, regarding students’ race, gender, test scores, GPA, and other sensitive personal information.
The motion, filed in the U.S. District Court for the District of Massachusetts, was accompanied by a complaint and a motion for a temporary restraining order. AAU’s pleadings align with those in a March 19 amicus brief in the same case that AAU filed along with other higher-education organizations, arguing that ED’s hurried attempt to add the Admissions and Consumer Transparency Supplement (ACTS) to its normal annual data-collection requirement was unlawful under the Administrative Procedure Act and other federal laws.
On March 13, Judge Dennis Saylor issued a temporary restraining order delaying the deadline for institutions to submit the newly required data to March 25. The original TRO delayed the deadline for all institutions; on March 24, Judge Saylor extended his order until April 6, but restricted its application only to public universities in the 17 plaintiff states.
AAU chose to intervene to protect its university members – most of whom are not covered by the court’s current order – from the tremendous burden of providing this data, which could violate student privacy. The requirements also run the risk of generating data that could prove unreliable. These positions are consistent with the extensive comments AAU submitted last year in response to ED’s request for input on the proposed ACTS data survey.
Founded in 1900, the Association of American Universities is composed of America’s leading research universities. AAU’s 71 research universities transform lives through education, research, and innovation.
Our member universities earn the majority of competitively awarded federal funding for research that improves public health, seeks to address national challenges, and contributes significantly to our economic strength, while educating and training tomorrow’s visionary leaders and innovators.
AAU member universities collectively help shape policy for higher education, science, and innovation; promote best practices in undergraduate and graduate education; and strengthen the contributions of leading research universities to American society.