LFAA Resources

Assessing the Constitutionality of MSI Program Criteria Under the Equal Protection Clause

On September 10, 2025, the United States Department of Education (“Department”) charged with implementing funding programs under the Minority-Serving Institutions Program (“MSI Program”) discontinued funding, claiming that the programs contain “racial quotas” violative of the equal-protection component of the 5th Amendment’s Due Process Clause. The Department’s action followed on the heels of a Solicitor General letter to Congress making the same assertion about the Hispanic-Serving Institutions Program, premised on the Department of Justice’s interpretation of Students For Fair Admissions, Inc. v. President and Fellows of Harvard College, 600 U.S. 181 (2023). Thereafter, the Office of Legal Counsel issued its opinion about the constitutionality of the MSI Program. It, unsurprisingly, agreed with and expounded on the Solicitor General’s determination. The Department’s elimination of funding for MSI does grave disservice to over 5 million mostly low income and first-generation college students educated at these institutions. This memo analyzes the constitutionality of the MSI Program criteria....Read more

Federally Imposed Accountability for Alternative Schools

Four federal laws govern alternative school accountability: (i) the Every Student Succeeds Act (“ESSA”); (ii) the Individuals With Disabilities Education Act (“IDEA”); (iii) Section 504 of the Rehabilitation Act of 1973 (“Section 504”); and (iv) the Americans with Disabilities Act of 1990 (“ADA”). This memorandum explores the scope of each accountability measure....Read more

Anti-DEI Legislation Overview in Florida

This memo assesses the potential effects of Ch. 82, Fla. Stat. (2023) on DEI functions at public institutions of higher learning in Florida.  The memo reviews key aspects of the new law and outlines practical considerations for Florida public institutions of higher learning to comply with the law with regard to student-run activities, academic curriculum content, and DEI offices and personnel....Read more