President Trump has signed an executive order aimed at tackling antisemitism on college campuses. The order gives Jewish persons special protections under Title VI of the Civil Rights Act, which is enforced by the Department of Education. Under statute, Title VI only gives protection for race, color, or national origin. In a press statement at a White House Hanukkah event, President Trump said colleges would be ineligible for federal funds if they “traffic in anti-Semitic hate”.
Category: Administration
Education Dept. Considering Financial Aid Changes
At a conference in Reno, NV the Department of Education revealed that they are considering some significant changes to student financial aid. The first is that they would give colleges the authority to limit how much debt a student takes on. This would be done at “experimental” college sites. They claim this would shift some of the burden from the federal government onto colleges. Additionally, they are proposing changes which would allow debt to be converted into an income-share agreement or other private, third-party mechanism. A student could potentially end up owing a percentage of future earnings to a third-party, rather than directly to the Department of Education. They also want to introduce “incentives” for students who progress quickly through their program. While the specifics are still murky, we will continue to monitor the situation.
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
Don’t Forget, the Current CR Expires Next Week
While a large swath of Washington is preoccupied with the public impeachment hearings, which started earlier today, senior appropriators met yesterday to figure out a path forward on how to keep the government open past next Thursday. The current continuing resolution, which has kept the federal government open since October 1, expires at midnight, November 22.
It appears that at least the top appropriators– in both chambers and on both sides of the aisle– have agreed to push for a second CR that would last through December 20. The assumption is that such an agreement would buy Congress enough time pull together packages of spending bills for the rest of FY2020 before adjourning for the year. the wildcard is the Trump White House and its insistence on funding for a border wall as well as the possible impact of impeachment on spending negotiations.
At the end of the day, funding for most parts of the government would run out next Friday without any further action by Congress and the White House. Read more about the situation here.