Attorney General Clark Opposes U.S. Department of Education Proposal Imposing Burdensome Data Collection Requirements on Schools and Universities

Attorney General Charity Clarktoday joined a coalition of 17 attorneys general in submitting a comment letter to the U.S. Department of Education (ED) reaffirming opposition to the Trump Administration's proposal requiring colleges and universities to submit data linking race to admissions, financial aid, and student performance. ED claims to be seeking data to assist it in enforcing Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race. In the comment letter, Attorney General Clarkand the coalition argue that the proposal would not aid Title VI enforcement, imposes unreasonable burdens on schools and universities, endangers student privacy, and is unlikely to result in useful data being collected. The coalition highlights that ED has failed to respond to the many substantive concerns expressed in response to ED's National Center for Education Statistics (NCES)' August 15 request for comment on the proposal.

On August 7, 2025, President Trump directed ED to expand the Integrated Postsecondary Education Data System (IPEDS), an already-required survey, to address alleged concerns about race-conscious admissions practices in violation of the U.S. Supreme Court's decision in Students for Fair Admissions v. President and Fellows of Harvard College, 600 U.S. 181 (2023) (SFFA v. Harvard). The new survey section will collect a broad range of data on undergraduate and graduate admissions, financial aid, and student outcomes, including data by race and sex on 1) the institutions' applied, admitted, and enrolled cohorts, disaggregated by admission test score, GPA, family income, Pell Grant eligibility and parental education; 2) average high school grade point average and admission test scores; and 3) the count of students admitted via early action, early decision, or regular admissions. Additionally, the survey will include data about students receiving financial aid, including the average amount, cost of attendance, graduation rates, and graduates' final cumulative grade point average.

On August 15, 2025, ED submitted a request for comment over a 60-day period to gather public feedback regarding the expansion of IPEDS. On November 13, 2025, ED submitted a second request for public comment , with submission open until December 15.

In the comment letter, Attorney General Clarkand the coalition urge ED to withdraw the proposal, or to at minimum delay its implementation to give more opportunities to gather and respond to stakeholder feedback. The coalition argue that:

• The proposed data collection is neither necessary nor beneficial to the ED's stated goal of enforcing Title VI;
• The proposal not only imposes unreasonable burdens on colleges and universities - requiring them to gather and submit never-before-collected data within a shortened timeline - but creates an untested procedure for submitting data, meaning the new data will likely not be processed or used in a timely manner;
• NCES' responses to comments received during the first public comment period failed to adequately address concerns that the proposed data collection not only lacks privacy protections for students, but is also "almost unworkable" due to administrative burdens, unclear instructions, data quality concerns, unavailable data, and the short timeline; and
• Withdrawing, delaying, or limiting the initial rollout of the proposal would allow NCES to gather and implement feedback to minimize burdens on schools and enhance the quality and usefulness of the data collected.

In filing the comment letter, Attorney General Clarkjoins the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai'i, Illinois, Maine, Maryland, Massachusetts, New Jersey, New Mexico, New York, Nevada, Oregon, Washington, and Wisconsin .

A copy of the letter is available on our website.

CONTACT: Amelia Vath, Senior Advisor to the Attorney General, 802-828-3171