Introduction by Barbara K. Mistick

Dear Colleagues:

While Congress has been out of session this week, there was no shortage of policy activity emanating from the Trump Administration. Garnering the most coverage was yesterday’s news that President Trump signed an executive order directing Education Secretary Linda McMahon to “take all necessary steps to facilitate the closure of the Department of Education.” Closing the Department would require congressional approval, an unlikely step in the current political environment given that it would require 60 Senators to support the move, and the Republicans currently hold 53 seats.

While this is clearly one step in what will be a long term effort, there are still significant questions about the specifics of such a closure and what it would mean for the services, benefits, and programs the Department is required to provide. However, every indication is that at least Pell Grants and student loans would be transferred to other agencies, not eliminated. (See our story below for more details.)

Webinar Reminder. In the realm of fortuitous scheduling, NAICU is collaborating with the National Association of College and University Attorneys (NACUA) on a webinar today called Farewell to the Department of Education? that will be held from 12:00-1:00 p.m. The webinar, which will address recent developments at the agency, is open only to members of NAICU and/or NACUA and will feature Traevena Byrd, vice president, general counsel & secretary to the board at American University, and Lisa Brown, partner and Higher Education Practice Group head at WilmerHale and former U.S. Department of Education General Counsel.

In other news, the Senate voted last week to avoid a government shutdown and pass a continuing resolution (CR) that keeps government funding at current levels through September. This is different than a final appropriations bill in that a CR does not include explanatory statements, report language, or funding tables to indicate specific program levels.

In light of this vague language that does not protect any specific program, I ask that you continue to reach out to your contacts in Congress and the administration to get assurances that Pell Grants, Supplemental Educational Opportunity Grants, and Federal Work-Study will be funded as last year.

Soundbites

• ED Department Investigates More Colleges & Universities. The Department of Education continues to ramp up its enforcement efforts under Title VI, announcing that it has opened investigations into 45 colleges and universities for potential violations related to race discrimination. The new round of investigations follows last week’s announcement that the Department is investigating 60 institutions for Title VI violations related to antisemitism.

• Teacher Prep Funding Reinstated. The S. District Court for the District of Maryland ruled in favor of a lawsuit brought by the American Association of Colleges for Teacher Education and the National Center for Teacher Residencies to reinstate Department of Education teacher preparation grants that were cancelled in February. The court also prohibited the agency from terminating the grants again in the same manner.

• Letter Urges Administration to Drop Defense of OT Rule. NAICU joined 89 other associations and businesses representing the Partnership to Protect Workplace Opportunity in sending a letter to Secretary of Labor Lori Chavez-DeRemer and Attorney General Pam Bondi urging the administration to abandon its defense of the Biden-era overtime rule in court. Last year, the Department of Labor (DOL) under the Biden Administration filed an appeal to the U.S. Court of Appeals in response to the court ruling that struck down the final overtime rule. An appeal does not automatically cease under a new administration, but DOL can actively abandon defending the appeal.

• Committee Seeks Info from Institutions Regarding Enrolling Chinese National Students. Rep. John Moolenaar (R-MI), Chairman of the House Select Committee on China, sent a letter to the presidents of six universities requesting information about their policies and practices for enrolling Chinese national students in advanced STEM programs. Moolenaar is particularly concerned about admitting Chinese national students to research programs funded by the federal government when institutions are seen as soft targets for espionage and intellectual property theft.

• AFT Sues ED Department. The American Federation of Teachers filed a lawsuit against the Department of Education for barring student loan borrowers from enrolling in certain income-driven repayment plans. In response, a Department spokesperson noted that a revised form that allows borrowers to change repayment plans will be available soon, potentially as early as next week.

NAICU in the News

• President Barbara Mistick was featured this week on the IngenioUs podcast discussing the importance of adaptability, reinvention, and transparency in one’s leadership journey and in their ability to affect meaningful change.

Finally, the Student Aid Alliance held a “Lunch and Learn” congressional briefing to update Capitol Hill staff on the size and reach of the federal student aid programs and the impact these programs have on students and families. The meeting featured a representative from the Congressional Research Service and showcased several student success stories, including Samantha Arellano, a senior at Marquette University. The students highlighted the life-changing impact that federal financial aid has had on their lives. The Student Aid Alliance was co-founded by NAICU in 1994 to promote the student aid programs and currently has 45 association members.

I hope you have a pleasant weekend.

Regards,

Barbara

Barbara K. Mistick D.B.A.
President, NAICU