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Report Finds Education Dept. Accelerating Civil Rights Cases

A new report from the US Commission on Civil Rights found that under the Trump Administration, the Department of Education is accelerating the rate at which it closes civil rights cases. Although the time to resolve cases decreased, the Department also reduced the scope of investigations, and less investigations result in findings of civil rights violation or corrective action. The full report, which encompasses several federal agencies, can be found here.

UW Joins Amicus Brief Supporting OPT

On November 21, UW joined over 100 other higher education institutions in filing an amicus brief in the Washington Alliance of Technology Workers Union vs. U.S.
Department of Homeland Security (Washtech) litigation. The amicus brief was filed by the Presidents’ Alliance on Higher Education and Immigration, and affirms support for Optional Practical Training (OPT). OPT is an invaluable component of American higher education and greatly contributes to the US economy. The full brief can be found here.

Shutdown Averted… For Now

The Senate cleared and the President signed yesterday he second continuing resolution passed earlier this week by the House, averting a government shutdown, for now.  As noted before, this CR would buy the various negotiators more time– through December 20 this time– to figure out a path forward on how to fund the rest of FY2020, which started October 1.

DHS Fall 2019 Proposed Rulemaking Released

This week, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM) for multiple current and on-going efforts. A full list of DHS proposed rules can be found here.

Some highlights include:

  • Establishing a maximum period of authorized stay for students expected 2/2020.
  • Denying work eligibility to dependent spouses of H-1Bs (H-4s) expected 3/2020.
  • Changes to the H-1B nonimmigrant visa classification program expected 12/2019.

ED Releases Fall 2019 Regulatory Agenda

On Wednesday, the Department of Education (ED) released its Fall 2019 Unified Regulatory Agenda. The agenda includes a number of areas for proposed rulemaking that carried over from Spring 2019, as well as a new proposed rule on campus free speech. Of note, the final Title IX regulations are in the final stage at OMB. The final rules could be delayed into 2020.

Typically the public comment window is 60 days, but the Administration has allowed for just 30 days in some instances. While ED often does not make major changes to its proposed rules, public comments can result in positive improvements to the final regulations.

 

Timeline for Forthcoming Proposed Rules 

  • NEW: Regulations on Campus Free Speech, November 2019
  • Regulations on FERPA, January 2020
  • Updating regulations on HEA Title III and V programs, March 2020
  • Creating a priority for faculty member research opportunities within the Minority Science and Engineering Improvement Program (MSEIP), May 2020
  • Updating regulations for the Graduate Assistance in Areas of National Need (GAANN) program, May 2020