Diminished Administrative Power Post-"Loper": Implications for Education Research and Policy

Overview & Synopsis

In 2024, the U.S. Supreme Court issued one of its most significant decisions that promises to reshape governance in education: "Loper." The case overruled "Chevron," a landmark case that required courts to defer to administrative agency interpretations of the law when (a) such laws were ambiguous and (b) the interpretations were reasonable. We argue that "Loper" reshapes the relationship between administrative agencies and education in ways that undermine educational equity by limiting the role of experts in policymaking and stalling the process of policy reform. We explore this dynamic in the context of Title IX, a law that spans K-12 and higher education institutions. We conclude with the implications of a post-"Loper" era for education research and policy.