Key Takeaways
- Universities are asked to publish “statements of principle” by year-end 2026 addressing seven priority areas: admissions criteria, free expression, intellectual diversity, college affordability, AI and academic rigor, research integrity and American interests.
- The Department’s letter requests voluntary compliance but frames the request as an “essential first step” toward restoring public trust, signaling that institutions opting out may face increased scrutiny.
- Institutions should conduct internal reviews now — whether or not they intend to publish a statement — to identify policy gaps, document reforms and prepare for potential regulatory inquiries.
On Aug. 3, 2026, Secretary of Education Linda E. McMahon published a “National Call to Action to University Presidents and Governing Boards,” urging colleges and universities to post “statements of principle” prominently on their institutional websites before the end of 2026. Although the letter frames this request as voluntary, Secretary McMahon described compliance as “long overdue” and an “essential first step” toward rebuilding public confidence in higher education.
Requested Statements of Principle
The Secretary’s letter identifies seven topics that institutional leaders should address in their statement of principle, describing adopted and planned reforms for each:
Admissions Criteria
The Department asks universities to explain how they will ensure transparency in admissions criteria, including by describing how they will ensure that admissions decisions are merit-based and fully compliant with recent case law on race-conscious admissions.
The Department specifically references the U.S. Supreme Court’s 2023 decision in Students for Fair Admissions v. President and Fellows of Harvard College, which prohibits the consideration of “race qua race” (i.e., race for race’s sake) in admissions decisions. (For more information regarding this Supreme Court decision and subsequent enforcement activities, see June 2023, February 2025 and January 2026 alerts.)
Free Expression
The Department requests that universities explain how they will protect the free exchange of ideas on campus while ensuring that “unruly and violent protestors” do not harass students or disrupt educational activities.
Executive Order 13864, Improving Free Inquiry, Transparency, and Accountability at Colleges and Universities (March 21, 2019), issued during President Donald Trump’s previous administration, still stands. This priority demonstrates that the Department is poised to enforce the Free Inquiry Final Rule promulgated in 2019 pursuant to this Executive Order. This Final Rule requires reporting to the Department any final, nondefault judgment regarding a violation of the First Amendment by a public institution of higher education or a violation of institutional free speech policies, including academic freedom, by a private institution of higher education no more than 45 days after such judgment is entered. See 34 C.F.R. § 75.500; 34 C.F.R. § 76.500.
Intellectual Diversity
The Department encourages universities to disclose how their faculty hiring and evaluation practices, as well as their research priorities, support intellectual pluralism.
College Affordability and Cost Transparency
The Department requests that universities detail their plans to promote college affordability, including measures to contain costs, improve price transparency and ensure that academic programs equip students to repay their student loans.
AI and Academic Rigor
The Department urges universities to explain how they plan to incentivize rigor in the age of AI, combat grade inflation, and prioritize excellence in teaching and learning.
Research Integrity
The Department asks universities to share how they will protect their academic programs — particularly sponsored research activities — from foreign influence.
American Interests
Finally, the Department requests that universities explain how their institution is advancing America’s economic and national security interests.
Notably, the Secretary’s letter acknowledges that “there is no single template for academic excellence.” This language suggests flexibility in how institutions may respond, while expecting substantive engagement with all seven topics.
Recommended Next Steps
Determine Whether to Publish a Statement of Principle
University leadership should decide whether to comply with the Department’s request to post a statement of principle by year-end 2026 and be prepared to explain their decision.
Conduct Internal Reviews
Regardless of whether institutions choose to publish a statement of principle, they should conduct internal reviews to assess current policies and practices against each of the seven areas that constitute the Department’s policy priorities. This exercise will help institutions identify gaps, document existing reforms and prepare responses to potential regulatory inquiries.
Engage Stakeholders Early
Developing a comprehensive response to the Secretary’s request — shared publicly or prepared for internal use — will require coordination among senior leadership, board members, general counsel, faculty governance bodies and relevant administrative offices. Institutions should begin this process promptly to allow sufficient time for deliberation and drafting before the year-end target.
For questions or assistance on evaluating your response to the Department’s letter, contact the authors or a member of McGuireWoods’ Higher Education Enforcement & Regulatory Counseling Practice Group.