On September 4, 2026, the IRS published proposed regulations in the Federal Register that may affect private schools for taxable years beginning after May 31, 2027.  These proposed regulations provide further guidance on the race-based programs that private colleges and universities may administer without jeopardizing their tax-exempt status. They also address how the fundamental public policy against racial discrimination in schools applies in light of recent case law.  The proposal states that a private school will not qualify as tax-exempt if it discriminates based on race, color, or national or ethnic origin in administering its educational, admissions, scholarship, athletic, or other policies. Join Bricker Graydon Wyatt Higher Education attorneys for a free webinar on the latest updates in Title VI litigation and OCR resolutions to help your civil rights administrators stay compliant. This update will focus on race, color, and national origin discrimination, with an eye on speech-related misconduct.

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