Tag: administration

  • Trump administration revokes Harvard’s ability to enroll international students

    Trump administration revokes Harvard’s ability to enroll international students

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    Dive Brief:

    • The U.S. Department of Homeland Security on Thursday pulled Harvard University’s authorization to enroll international students, dramatically escalating the already-tense battle between the Trump administration and the Ivy League institution. 
    • The agency accused Harvard of creating a “toxic campus climate” by accommodating “anti-American, pro-terrorist agitators.” Kristi Noem, head of the department, also accused the university of “coordinating with the Chinese Communist Party on its campus.”
    • The move, which the university on Thursday called unlawful, endangers the visas of Harvard’s international students, as they must transfer to another college or they will lose their legal status. Almost 6,800 international students attended Harvard in the 2024-25 academic year, making up 27.2% of the university’s student body, according to institutional data.

    Dive Insight:

    In April, DHS threatened to revoke Harvard’s Student and Exchange Visitor Program certification if the university did not comply with an extensive records request about its “foreign student visa holders’ illegal and violent activities” by the end of the month. International students studying in the U.S. can only attend colleges that are SEVP-approved.

    But DHS’ threat against Harvard, while substantial, was largely sidelined from public attention amid the Trump administration’s vast interruptions and cuts to the university’s federal funding. 

    That includes the Trump administration’s decision to freeze $2.2 billion of Harvard’s funding the same day the university publicly rebuked the government’s demands for academic, hiring and enrollment changes. 

    Since then, Harvard has sued the federal government over the withheld funding, arguing it is being used “as leverage to gain control of academic decisionmaking” and has “nothing at all to do with antisemitism” and compliance with civil rights laws as the Trump administration claims. 

    The university now faces another attack on its financial well-being: the loss of tuition revenue from international students.

    “It is a privilege, not a right, for universities to enroll foreign students and benefit from their higher tuition payments to help pad their multibillion-dollar endowments,” Noem said in a statement Thursday.

    In an email Thursday, a Harvard spokesperson called DHS’ actions unlawful and said the university’s international students and scholars enrich it immeasurably.

    “We are working quickly to provide guidance and support to members of our community. This retaliatory action threatens serious harm to the Harvard community and our country, and undermines Harvard’s academic and research mission,” the spokesperson said.

    Last month, Harvard’s undergraduate admissions office notified prospective international students that they may want to have a “backup plan” in place amid DHS’ threats, The Harvard Crimson reported. To that end, the university began allowing them to accept admission to both Harvard and another non-American institution.

    However, Harvard still bans international students from accepting spots at other U.S. colleges. In addition to legal reasons, the university said “the situation at Harvard might be replicated at other American universities,” according to the Crimson.

    Noam signaled her willingness to do just that.

    “Let this serve as a warning to all universities and academic institutions across the country,” she said Thursday, arguing that Harvard had “had plenty of opportunity to do the right thing” and refused.

    Free speech advocates immediately panned DHS’ decision.

    “The administration seems hellbent on employing every means at its disposal — no matter how unlawful or unconstitutional — to retaliate against Harvard and other colleges and universities for speech it doesn’t like,” the Foundation for Individual Rights and Expression said in a statement Thursday.

    FIRE also called DHS’ wide-ranging records request from Harvard “gravely alarming.” 

    “This sweeping fishing expedition reaches protected expression and must be flatly rejected,” the organization said.

    SEVP, a bureaucratic program not typically in the national limelight, gained attention as DHS under President Donald Trump abruptly canceled scores of visas held by international students studying in the U.S.

    These revocations, often enacted by the agency without warning or explanation, have prompted numerous lawsuits against DHS. 

    On April 25, the Trump administration doublebacked and reinstated the canceled visas, the exact number of which is unknown. The move came after judges in more than 50 lawsuits issued temporary injunctions against the visa cancellations, according to Politico.

    However, just days later, the Trump administration shared a policy expanding the authority of U.S. Immigration and Customs Enforcement to terminate educational visas through Student and Exchange Visitor Information System, the records management system run by SEVP.

    Under the policy, evidence of an international student’s failure to comply with the terms of their legal status — not proof or “clear and convincing evidence” — would be enough for ICE to revoke it, according to guidance issued Thursday by the law firm Hunton.

    The guidance also noted that the new policy did not address the federal government’s practice of terminating students’ visas without notifying them — meaning they may still have their legal status pulled without either them or their colleges being informed.

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  • Trump Administration Strips Harvard’s SEVIS Certification

    Trump Administration Strips Harvard’s SEVIS Certification

    Amid an ongoing legal showdown with Harvard University, the Trump administration has carried through on a recent threat to halt the private institution’s ability to host international students.

    The move was first reported Thursday afternoon by The New York Times, then subsequently announced on social media by Secretary of Homeland Security Kristi Noem.

    “This administration is holding Harvard accountable for fostering violence, antisemitism, and coordinating with the Chinese Communist Party on its campus. It is a privilege, not a right, for universities to enroll foreign students and benefit from their higher tuition payments to help pad their multibillion-dollar endowments,” Noem wrote in the announcement. “Harvard had plenty of opportunity to do the right thing. It refused.”

    (Though much of the federal government’s recent focus on Harvard has concerned the university’s alleged failure to address antisemitism on campus, the Trump administration has also raised questions about collaboration with foreign researchers, particularly those with ties to the Chinese and Iranian governments.)

    In her statement, Noem wrote that Harvard’s Student Exchange and Visitor Information System certification was being stripped “as a result of their failure to adhere to the law,” which she said should “serve as a warning to all universities” across the U.S.

    Current international students would be required to transfer to maintain their visa status.

    Noem added that Harvard would need to turn over demanded records within 72 hours if it would “like the opportunity of regaining” SEVIS certification “before the upcoming school year.”

    A Harvard spokesperson called the action “unlawful” in an emailed statement.

    “We are fully committed to maintaining Harvard’s ability to host international students and scholars, who hail from more than 140 countries and enrich the University—and this nation—immeasurably,” the spokesperson wrote. “This retaliatory action threatens serious harm to the Harvard community and our country, and undermines Harvard’s academic and research mission.”

    Impact on Harvard

    Harvard enrolled 6,793 international students last fall, according to university data. International students have made up about a quarter of Harvard’s head count over the last decade—a population that could disappear, along with their substantial tuition dollars, if the Trump administration’s directive holds.

    Noem threatened to revoke Harvard’s SEVIS certification last month after the university pushed back on federal government demands to turn over “detailed records on Harvard’s foreign student visa holders’ illegal and violent activities by April 30.” That threat followed Harvard’s refusal to acquiesce to sweeping demands to overhaul its governance, admissions and hiring processes and more in response to allegations of antisemitic conduct. The university then sued the Trump administration over a federal funding freeze and other recent actions.

    Revoking Harvard’s SEVIS certification is the second punch the government threw at the university this week, coming after the Department of Health and Human Services announced the termination of $60 million in multiyear federal grants, which officials attributed to concerns about campus antisemitism.

    Other sources of federal funding are on hold. Altogether, the Trump administration has frozen at least $2.7 billion flowing to the private university, or about a third of Harvard’s federal funds.

    A New Political Cudgel

    The Student Exchange and Visitor Program’s process for revoking universities’ SEVIS status is usually a prolonged and complicated bureaucratic affair, typically preceded by a thorough investigation of the institution and the possibility of appeal.

    Sarah Spreitzer, vice president and chief of staff for government relations at the American Council on Education, told Inside Higher Ed that the manner in which the federal government stripped Harvard’s SEVIS certification was unprecedented.

    “In a normal world, Harvard is supposed to actually get a notice that their SEVIS certification is being revoked, and then there is an appeals process,” Spreitzer said. “It doesn’t seem that DHS is following any of the regular requirements that are included in statute for taking this action.”

    In late March, Trump officials first proposed revoking SEVIS status from institutions that they believed fostered antisemitism on campus, aiming their threats specifically at Columbia and the University of California, Los Angeles, which were home to major pro-Palestinian protests in 2024. In mid-April they threatened Harvard with decertification.

    Clay Harmon, director of AIRC: The Association of International Enrollment Management, told Inside Higher Ed in March that historically, SEVP investigations are conducted when universities are suspected of delivering less-than-bona-fide degree programs, using shady coursework as a way to essentially sell student visas to would-be immigrants who want a fast way to enter the country. 

    “It is the government’s primary way of ensuring that international student visas are not granted for diploma mills, fake institutions or institutions that are not adequately financially supported,” Harmon said. “I’ve never heard of a fully accredited, reputable institution—whether it’s Columbia or Bunker Hill Community College—being subjected to some kind of extraordinary SEVP investigation outside of the standard recertification process.”

    The initial process of certification, Harmon added, is intensive and can take institutions months or even longer to complete, which is one reason why decertification is so rare. Wielding the organization’s oversight powers as a tool for leverage in a larger political battle, he said, would be “a significant departure from past practices and established precedents.”

    “It is clear that the administration is putting forward new interpretations of laws and powers that have not been established through case law or regular practice,” Harmon said.

    In an email to Inside Higher Ed on Thursday, Harmon said the administration’s decision to use decertification against Harvard “imposes real, immediate, and significant harm on thousands of students for reasons outside their control and unrelated to their own actions.”

    “This action may have broad and long-term negative impacts—well beyond Harvard and well beyond 2025—to the educational experience and financial health of U.S. institutions,” he wrote.

    Revocation of Harvard’s SEVIS certification prompted sharp reactions online.

    Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, wrote on social media that Noem’s actions are “likely illegal” and her letter showed no evidence of Harvard’s violations.

    “Nothing in here alleges ANY specific violation of the Student and Exchange Visitor Program. Nothing. She cites no law violated, no regulation broken, no policy ignored,” Reichlin-Melnick wrote. “I don’t care what you think of Harvard; this is clear weaponization of government.”

    Will Creeley, legal director of the Foundation for Individual Rights and Expression, called the government’s revocation of Harvard’s ability to host international students “retaliatory and unlawful.”

    In a statement posted on X, he assailed the Education Department’s demands that Harvard hand over footage of international students protesting on campus.

    “This sweeping fishing expedition reaches protected expression and must be flatly rejected,” Creeley wrote. “The administration’s demand for a surveillance state at Harvard is anathema to American freedom … This has to stop.”

    But some officials in the MAGA camp celebrated the move.

    “This is a remarkable first step,” Republican senator Ashley Moody of Florida wrote on X. “I applaud the administration for taking a stand to rid our universities of malign foreign influence.”

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  • Trump administration court filing may spell end of overtime final rule

    Trump administration court filing may spell end of overtime final rule

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    U.S. Department of Justice attorneys asked the 5th U.S. Circuit Court of Appeals to temporarily suspend the Labor Department’s appeals in two cases challenging its 2024 Fair Labor Standards Act overtime rule, according to an April 24 court filing.

    Texas district court judges twice blocked DOL’s final rule, which increased the minimum salary threshold for overtime pay eligibility in two steps. First, a November 2024 decision sided with plaintiffs including the state of Texas and enjoined the rule nationwide. A second judgment set aside and vacated the rule in response to a lawsuit by marketing agency Flint Avenue.

    The government asked that the 5th Circuit place its appeals in abeyance “pending the agency’s reconsideration of the rule.” It said counsel for the appellees in both cases did not oppose its request.

    The Biden administration’s effort to expand overtime eligibility to millions of U.S. workers would have pushed the annual minimum threshold under the FLSA to $58,656 in 2025 with automatic, additional increases every three years beginning in July 2027. An initial increase to $43,888 per year took effect before Texas federal judges blocked it along with the rule’s other components.

    The entire policy is almost certain to be erased by the second Trump administration, according to attorneys who previously spoke to HR Dive. Prior to the Biden-era rule, DOL had last increased the overtime-pay threshold during Trump’s first administration in 2019.

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  • Education researchers sue Trump administration, testing executive power

    Education researchers sue Trump administration, testing executive power

    UPDATE: The hearing scheduled for May 9 has been postponed until May 16 at the U.S. District Court for the District of Columbia. The court will hear two similar motions at the same time and consider whether to temporarily restore the cuts to research and data collections and bring back fired federal workers at the Education Department. More details on the underlying cases in the article below.

    Some of the biggest names in education research — who often oppose each other in scholarly and policy debates — are now united in their desire to fight the cuts to data and scientific studies at the U.S. Department of Education.

    The roster includes both Grover J. “Russ” Whitehurst, the first head of the Institute of Education Sciences (IES) who initiated studies for private school vouchers, and Sean Reardon, a Stanford University sociologist who studies inequity in education. They are just two of the dozens of scholars who have submitted declarations to the courts against the department and Secretary Linda McMahon. They describe how their work has been harmed and argue that the cuts will devastate education research.

    Professional organizations representing the scholars are asking the courts to restore terminated research and data and reverse mass firings at the Institute of Education Sciences, the division that collects data on students and schools, awards research grants, highlights effective practices and measures student achievement. 

    Related: Our free weekly newsletter alerts you to what research says about schools and classrooms.

    Three major suits were filed last month in U.S. federal courts, each brought by two different professional organizations. The six groups are the Association for Education Finance and Policy (AEFP), Institute for Higher Education Policy (IHEP), American Educational Research Association (AERA), Society for Research on Educational Effectiveness (SREE), National Academy of Education (NAEd) and the National Council on Measurement in Education (NCME). The American Educational Research Association alone represents 25,000 researchers and there is considerable overlap in membership among the professional associations. 

    Prominent left-wing and progressive legal organizations spearheaded the suits and are representing the associations. They are Public Citizen, Democracy Forward and the Legal Defense Fund, which was originally founded by the National Association for the Advancement of Colored People (NAACP) but is an independent legal organization. Allison Scharfstein, an attorney for the Legal Defense Fund, said education data is critical to documenting educational disparities and improve education for Black and Hispanic students. “We know that the data is needed for educational equity,” Scharfstein said.

    Related: Chaos and confusion as the statistics arm of the Education Department is reduced to a skeletal staff of 3

    Officers at the research associations described the complex calculations in suing the government, mindful that many of them work at universities that are under attack by the Trump administration and that its members are worried about retaliation.  

    “A situation like this requires a bit of a leap of faith,” said Elizabeth Tipton, president of the Society for Research on Educational Effectiveness and a statistician at Northwestern University. “We were reminded that we are the Society for Research on Educational Effectiveness, and that this is an existential threat. If the destruction that we see continues, we won’t exist, and our members won’t exist. This kind of research won’t exist. And so the board ultimately decided that the tradeoffs were in our favor, in the sense that whether we won or we lost, that we had to stand up for this.”

    The three suits are similar in that they all contend that the Trump administration exceeded its executive authority by eliminating activities Congress requires by law. Private citizens or organizations are generally barred from suing the federal government, which enjoys legal protection known as “sovereign immunity.” But under the Administrative Procedure Act of 1946, private organizations can ask the courts to intervene when executive agencies have acted arbitrarily, capriciously and not in accordance with the law. The suits point out, for example, that the Education Science Reform Act of 2002 specifically requires the Education Department to operate Regional Education Laboratories and conduct longitudinal and special data collections, activities that the Education Department eliminated in February among a mass cancelation of projects

    Related: DOGE’s death blow to education studies

    The suits argue that it is impossible for the Education Department to carry out its congressionally required duties, such as the awarding of grants to study and identify effective teaching practices, after the March firing of almost 90 percent of the IES staff and the suspension of panels to review grant proposals. The research organizations argue that their members and the field of education research will be irreparably harmed. 

    Of immediate concern are two June deadlines. Beginning June 1, researchers are scheduled to lose remote access to restricted datasets, which can include personally identifiable information about students. The suits contend that loss harms the ability of researchers to finish projects in progress and plan future studies. The researchers say they are also unable to publish or present studies that use this data because there is no one remaining inside the Education Department to review their papers for any inadvertent disclosure of student data.

    The second concern is that the termination of more than 1,300 Education Department employees will become final by June 10. Technically, these employees have been on administrative leave since March, and lawyers for the education associations are concerned that it will be impossible to rehire these veteran statisticians and research experts for congressionally required tasks. 

    The suits describe additional worries. Outside contractors are responsible for storing historical datasets because the Education Department doesn’t have its own data warehouse, and researchers are worried about who will maintain this critical data in the months and years ahead now that the contracts have been canceled. Another concern is that the terminated contracts for research and surveys include clauses that will force researchers to delete data about their subjects. “Years of work have gone into these studies,” said Dan McGrath, an attorney at Democracy Forward, who is involved in one of the three suits. “At some point it won’t be possible to put Humpty Dumpty back together again.” 

    Related: Education research takes another hit in latest DOGE attack

    In all three of the suits, lawyers have asked the courts for a preliminary injunction to reverse the cuts and firings, temporarily restoring the studies and bringing federal employees back to the Education Department to continue their work while the judges take more time to decide whether the Trump administration exceeded its authority. A first hearing on a temporary injunction is scheduled on Friday in federal district court in Washington.*

    A lot of people have been waiting for this. In February, when DOGE first started cutting non-ideological studies and data collections at the Education Department, I wondered why Congress wasn’t protesting that its laws were being ignored. And I was wondering where the research community was. It was so hard to get anyone to talk on the record. Now these suits, combined with Harvard University’s resistance to the Trump administration, show that higher education is finally finding its voice and fighting what it sees as existential threats.

    The three suits:

    1. Public Citizen suit

    Plaintiffs: Association for Education Finance and Policy (AEFP) and the  Institute for Higher Education Policy (IHEP)

    Attorneys: Public Citizen Litigation Group

    Defendants: Secretary of Education Linda McMahon and the U.S. Department of Education

    Date filed: April 4

    Where: U.S. District Court for the District of Columbia

    Documents: complaint, Public Citizen press release

    A concern: Data infrastructure. “We want to do all that we can to protect essential data and research infrastructure,” said Michal Kurlaender, president of AEFP and a professor at University of California, Davis.

    Status: Public Citizen filed a request for a temporary injunction on April 17 that was accompanied by declarations from researchers on how they and the field of education have been harmed. The Education Department filed a response on April 30. A hearing is scheduled for May 9.

    1. Democracy Forward suit

    Plaintiffs: American Educational Research Association (AERA) and the Society for Research on Educational Effectiveness (SREE)

    Attorneys: Democracy Forward 

    Defendants: U.S. Department of Education, Institute of Education Sciences, Secretary of Education Linda McMahon and Acting Director of the Institute of Education Sciences Matthew Soldner

    Date filed: April 14

    Where: U.S. District Court for the District of Maryland, Southern Division 

    Documents: complaint, Democracy Forward press release, AERA letter to members

    A concern: Future research. “IES has been critical to fostering research on what works, and what does not work, and for providing this information to schools so they can best prepare students for their future,” said Ellen Weiss, executive director of SREE. “Our graduate students are stalled in their work and upended in their progress toward a degree. Practitioners and policymakers also suffer great harm as they are left to drive decisions without the benefit of empirical data and high-quality research,” said Felice Levine, executive director of AERA.

    Status: A request for a temporary injunction was filed April 29, accompanied by declarations from researchers on how their work is harmed. 

    1. Legal Defense Fund suit

    Plaintiffs: National Academy of Education (NAEd) and the National Council on Measurement in Education (NCME)

    Attorneys: Legal Defense Fund

    Defendants: The U.S. Department of Education and Secretary of Education Linda McMahon 

    Date filed: April 24

    Where: U.S. District Court for the District of Columbia

    Documents: complaint, LDF press release

    A concern: Data quality. “The law requires not only data access but data quality,” said Andrew Ho, a Harvard University professor of education and former president of the National Council on Measurement in Education. “For 88 years, our organization has upheld standards for valid measurements and the research that depends on these measurements. We do so again today.” 

    Status: A request for a temporary injunction was filed May 2.*

    * Correction: This paragraph was corrected to make clear that lawyers in all three suits have asked the courts to temporarily reverse the research and data cuts and personnel firings. Also, May 9th is a Friday, not a Thursday. We regret the error. 

    Contact staff writer Jill Barshay at 212-678-3595, jillbarshay.35 on Signal, or [email protected].

    This story about Education Department lawsuits was written by Jill Barshay and produced by The Hechinger Report, a nonprofit, independent news organization focused on inequality and innovation in education. Sign up for Proof Points and other Hechinger newsletters.

    The Hechinger Report provides in-depth, fact-based, unbiased reporting on education that is free to all readers. But that doesn’t mean it’s free to produce. Our work keeps educators and the public informed about pressing issues at schools and on campuses throughout the country. We tell the whole story, even when the details are inconvenient. Help us keep doing that.

    Join us today.

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  • How colleges can support transgender students amid the Trump administration

    How colleges can support transgender students amid the Trump administration

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    Almost immediately after taking office, President Donald Trump launched a flurry of executive orders and policy directives that threaten to roll back the civil rights of transgender and nonbinary students and erase their identities. The administration has also targeted colleges that support transgender inclusion. 

    Despite these moves, legal experts and transgender rights experts say college leaders can protect transgender and nonbinary students and make their campuses welcoming spaces. That type of support can be crucial to recruit those students, as well as improve their mental health and well-being on campus. 

    But implementing affirming policies for those students can be challenging, as institutions risk losing federal funding or facing Title IX investigations under the policies now in place. 

    One of Trump’s executive orders declares the federal government will only recognize two sexes, male and female, which the directive said cannot be changed — a policy out of step with scientific understanding. 

    Another executive order, which was blocked by a federal court, withheld federal funding to medical providers that provide gender-affirming care, such as puberty blockers and hormone therapies, to transgender people under the age of 19. An additional order directed federal agencies to end “equity-related” grants “to the maximum extent allowed by law.”

    The U.S. Department of Education also issued guidance in late January advising education leaders to follow the previous Trump administration’s Title IX regulations after the Biden-era version of the rules were struck down. The Trump administration’s letter stated the department will enforce Title IX in a way that is consistent with Trump’s executive order mandating the federal government only recognize two sexes that cannot be changed.

    This interpretation stands in contrast with the Biden-era version of the Title IX rules, which had prohibited discrimination based on gender identity. The Biden administration also withdrew proposed Title IX rules in December that would have barred blanket bans on transgender students participating on sports teams aligning with their gender identity.

    Yet another executive order targeted an extremely small sliver of student athletes nationwide by threatening to withhold federal funding from colleges or K-12 schools that allow transgender girls and women from competing in sports aligning with their gender identity. The NCAA revised its policies to comply with the order. 

    The new administration has already opened Title IX investigations into San José State University, the University of Pennsylvania, the Massachusetts Interscholastic Athletic Association, and others that allow or have allowed transgender women or girls to participate on teams corresponding with their gender identity. 

    However, the enforceability of the Trump administration’s recent executive orders, which are essentially “ideological policy statements,” has not yet been determined, said Elana Redfield, federal policy director at the University of California, Los Angeles’ Williams Institute. 

    At the very least, colleges shouldn’t be rushing to implement “harmful and discriminatory policies” before they are legally required to do so, said Jose Abrigo, an attorney and HIV project director for Lambda Legal Defense and Education Fund. The policies could be blocked or modified by the courts and preemptive compliance could “needlessly harm students,” he said. 

    The executive orders try to suppress speech, erase identities and punish those who affirm the existence of transgender and nonbinary people on college campuses — institutions that are meant to be “bastions of free thought and open discourse,” Abrigo said

    “Academic institutions should be places where truth is explored, not dictated,” Abrigo said, “where students are empowered to live authentically, not forced into silence by discriminatory and unconstitutional edicts from the president.”

    How colleges can protect trans students

    College leaders have several ways to affirm and protect their transgender and nonbinary students, experts say. 

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  • AI in Education: Beyond the Hype Cycle

    AI in Education: Beyond the Hype Cycle

    We just can’t get away from it. AI continues to take the oxygen out of every edtech conversation. Even the Trump administration, while actively destroying federal involvement in public education, jumped on the bandwagon this week.

    Who better to puncture this overused acronym than edtech legend Gary Stager. In this conversation, he offers a pragmatic perspective on AI in education, cutting through both fear and hype. Gary argues that educators should view AI as simply another useful technology rather than something to either fear or blindly embrace. He criticizes the rush to create AI policies and curricula by administrators with limited understanding of the technology, suggesting instead that schools adopt minimal, flexible policies while encouraging hands-on experimentation. Have a listen: