Federal Court Extends Temporary Pause for Some ACTS Reporting Requirements
On March 24, 2026, a federal court in Massachusetts held a hearing on a request for a preliminary injunction related to the Admissions and Consumer Transparency Supplement (ACTS) data collection. The case, brought by a coalition of states, raises questions about the implementation of ACTS and its alignment with federal requirements.
Key Issues Discussed in the Hearing
During the hearing, the discussion focused on three primary areas:
Statutory authority: Whether the National Center for Education Statistics (NCES) exceeded its statutory authority in establishing ACTS, including questions about whether the collection was created for purposes of enforcement.
Paperwork Reduction Act (PRA): Whether the ACTS implementation process met federal requirements for assessing reporting burden and incorporating public input.
Administrative procedure: Whether aspects of ACTS could be considered arbitrary and capricious, given evolving guidance, changes to reporting processes and tools, and questions about whether reasonable alternatives were considered.
The judge indicated that portions of the case warrant further consideration and the need for additional time to fully evaluate the issues presented.
Temporary Restraining Order Extended
Following the hearing, the court extended the existing temporary restraining order (TRO) through April 6, 2026.
The extension applies only to public institutions in the 17 plaintiff states involved in the case.
Institutions outside those states remain subject to previously communicated deadlines and guidance.
This partial extension introduces additional complexity for institutions navigating ACTS reporting requirements across different jurisdictions.
What This Means for Institutions
At this stage, there is no final ruling on the broader legality or future of ACTS. Additional court action is expected as the judge continues to review the case.
In the meantime, AIR encourages institutional research and effectiveness (IR/IE) offices to:
Continue preparing and validating ACTS data rather than pausing work
Monitor official guidance from the U.S. Department of Education and NCES
Consult with institutional leadership and legal counsel to determine appropriate next steps based on institutional context
AIR will continue to track developments closely and share updates as more information becomes available.