Student Defense Sues ED for Failing To Release Records About AI Use in Rulemaking and Federal Student Aid
FOR IMMEDIATE RELEASE
JUNE 4, 2026
MEDIA CONTACT
Student Defense Sues ED for Failing To Release Records About AI Use in Rulemaking and Federal Student Aid
Washington, D.C. — Student Defense today sued the U.S. Department of Education (ED) for failing to respond to Freedom of Information Act (FOIA) requests seeking records on its use of artificial intelligence (AI) in rulemaking and within the Federal Student Aid (FSA) Ombudsman’s Office.
The lawsuits filed today claim ED has yet to respond to five distinct FOIA requests submitted by Student Defense earlier this year. Two requests, submitted in February 2026, sought records concerning ED’s use of AI in the rulemaking process. Three additional requests, submitted in March 2026, sought information about AI systems being used or considered by the FSA Ombudsman’s Office.
Federal agencies are required by law to respond to a FOIA request within 20 business days. But approximately three months later, ED has failed to respond. The lawsuits ask the court to order ED to conduct a reasonable search, stop withholding records, and produce responsive documents.
“AI is becoming increasingly embedded in everyday life, and the public has the right to understand how the Department of Education is using these tools. Instead, the agency is stonewalling our requests, leaving students and borrowers in the dark about whether and how AI is influencing the development of higher education policies,” said Dan Zibel, Chief Counsel and Vice President of Student Defense. “Similarly, student loan borrowers have a right to know whether Federal Student Aid has delegated to AI its statutory responsibility to receive, review, and attempt to resolve complaints from borrowers. FOIA exists to ensure transparency and accountability. ED has failed to comply with its legal obligations to respond to our requests. We are asking the court to step in to make this right.”
Read the lawsuit regarding AI Use in the Federal Student Aid Ombudsman’s Office here.
Read the lawsuit regarding AI use in ED’s rulemaking processes here.
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About Student Defense
The National Student Legal Defense Network (“Student Defense”) is a non-profit organization that works, through litigation and advocacy, to advance students' rights to educational opportunity and to ensure that higher education provides a launching point for economic mobility.
