The University of Michigan announced Thursday that it will essentially eliminate all diversity, equity and inclusion efforts on its campus. That includes shuttering two diversity offices, the Office of Diversity, Equity and Inclusion and the Office for Health Equity and Inclusion, and ending its DEI 2.0 Strategic Plan.
The changes come in response to federal anti-DEI actions, including executive orders and the Feb. 14 Dear Colleague letter, which declared all race-based programs in higher education illegal. Michigan’s decision was made in consultation with “various stakeholders regarding our DEI programs,” according to the announcement.
The university said it plans to increase investments in student-facing programs, including financial aid, a scholarship program for former foster children and student success resources.
The university has long been a champion of DEI efforts, funneling nearly $240 million into such programs over the past nine years, according to The Chronicle of Higher Education, though some have critiqued the efforts for appearing to have little impact despite the big price tag.
Nearly a year after pro-Palestinian encampments sprang up on college campuses across the country—and with them, increased reports of antisemitism—Senate Republicans are saying university leaders need to crack down on campus conduct or be placed “on notice.”
Although the House Republicans have spent more than a year investigating campus antisemitism, the hearing, held Thursday on Capitol Hill, was the Senate Health, Education, Labor and Pensions Committee’s first strike at the issue since it became a top priority after Oct. 7, 2023.
The two-hour discussion didn’t break much new ground, aside from giving members of the GOP a chance to highlight the changes President Trump has made since taking office and to promote several related pieces of legislation. Democrats largely used their time to criticize the Trump administration and the plan to shut down the Education Department.
Last Congress, the House Committee on Education and the Workforce held multiplehearings, blaming diversity, equity and inclusion for what they saw as “the scourge of antisemitism on campus.” They grilled the presidents of elite institutions, subpoenaed universities for documents and lambasted higher ed over all for its handling of protests. Ultimately, they concluded that university leaders made “shocking concessions” to protesters; intentionally declined to support Jewish students, faculty and staff; and failed to impose meaningful discipline, among other findings.
But up until this year, Republicans had limited options to enact legislation that they say would address campus antisemitism. Up until the start of the year, Democrats controlled the Senate and the White House. That meant that no matter what acts of alleged discrimination the committee tried to highlight or what bills it tried to pass, their efforts were almost always dead in the water. But now, with Donald Trump as president and Republicans controlling the House and Senate, the HELP Committee chair, Sen. Bill Cassidy of Louisiana, and his fellow Republicans hold the power. And they were sure to make it known.
“With President Trump in office and a Republican majority in Congress, the time of failed leadership is over,” Cassidy said in his opening remarks. “Universities have been put on notice: Failing to protect a student’s civil rights will no longer be tolerated.”
Cassidy and multiple of his Republican counterparts promoted the Antisemitism Awareness Act, which would require colleges to use the International Holocaust Remembrance Alliance’s definition of antisemitism when conducting civil rights investigations. He also pushed the Protecting Students on Campus Act, which would require institutions to provide students with information about how to file an antisemitism complaint. (Cassidy is lead sponsor of the Protecting Students on Campus Act.)
The witnesses who testified Thursday included rabbis, researchers and Jewish student advocates. As was the case with the hearing over all, they largely echoed comments about campus antisemitism made at previous hearings. The three speakers selected by Republicans believed that the protests were not driven by students but faculty members and outside forces who were trying to demonize the definition of Zionist. The two selected by Democrats said colleges must focus on maintaining free speech while responding to antisemitism and all forms of discrimination.
Meanwhile, lawmakers from both parties wanted to talk about the actions of President Trump since he took office in January.
Republicans praised his decision to strip Columbia University of $400 million in federal funding, saying it was high time to hold the Ivy League institution—an epicenter of campus protests—accountable. (Columbia said last week that it agreed to sweeping demands from the Trump administration, though the funds haven’t been restored.)
The Department of Education has also sent out letters warning more than 60 colleges and universities that they could be the next to face “potential enforcement actions” if they don’t comply with civil rights laws and crack down on antisemitism.
“The days of a tepid response or toothless resolution agreements are over,” said Sen. Ashley Moody, a Florida Republican. “Universities have now been put on notice, and I don’t think there’s any question that there’s been a change in the tenor on how we will protect the rights of Jewish students on our campus.”
The conservatives also used the hearing as a chance to tie allegedly antisemitic protests to concerns about foreign influence on higher education and promote legislation that increases federal oversight of foreign gifts and student visas. On Thursday, the House passed a bill that would increase disclosure requirements for foreign gifts and contracts.
Republicans embraced a report from the Institute for the Study of Global Antisemitism and Policy, which found that American colleges and universities have received more than $3 billion in unreported gifts from Qatar. According to the report, colleges that received undocumented gifts saw a significant increase in incidents of antisemitism compared to those that did not. The report argues, essentially, that the gifts are a use of “soft power” to encourage antisemitic views on campus.
Charles Small, founding director and president of the Institute for the Study of Global Antisemitism and Policy, was one of the witnesses at the hearing, and he urged lawmakers to increase their oversight of what gifts are allowed.
“I don’t think it’s wrong to question foreign funding in universities and colleges and whether foreign nations are trying to persuade or influence or brainwash our children. Do you think that they want us to be more pro-American … is that why they’re giving hundreds of millions of dollars to our universities?” Moody said.
But Sen. Roger Marshall, a Kansas Republican, defended the gifts, saying Qatar played a critical role in the release of Americans held hostage by Hamas.
Sen. Patty Murray, a Democrat from Washington State, said OCR is America’s front line of defense against discrimination. So if the goal is to combat antisemitism, there should be more support and resources distributed to the OCR, not less, she added.
“It’s like saying if you want to fight fires, you should support the fire department. Well, I hate to tell you all, Trump is axing the fire department,” she said. “It’s as straightforward as it gets.”
Maraida Caraballo Martinez has been an educator in Puerto Rico for 28 years and the principal of the elementary school Escuela de la Communidad Jaime C. Rodriguez for the past seven. She never knows how much money her school in Yabucoa will receive from the government each year because it isn’t based on the number of children enrolled. One year she got $36,000; another year, it was $12,000.
But for the first time as an educator, Caraballo noticed a big difference during the Biden administration. Because of an infusion of federal dollars into the island’s education system, Caraballo received a $250,000 grant, an unprecedented amount of money. She used it to buy books and computers for the library, white boards and printers for classrooms, to beef up a robotics program and build a multipurpose sports court for her students. “It meant a huge difference for the school,” Caraballo said.
Yabucoa, a small town in southeast Puerto Rico, was one of the regions hardest hit by Hurricane Maria in 2017. And this school community, like hundreds of others in Puerto Rico, has experienced near constant disruption since then. A series of natural disasters, including hurricanes, earthquakes, floods and landslides, followed by the coronavirus pandemic in 2020, has pounded the island and interrupted learning. There has also been constant churn of local education secretaries — seven in the past eight years. The Puerto Rican education system — the seventh-largest school district in the United States — has been made more vulnerable by the island’s overwhelming debt, mass emigration and a crippled power grid.
Maraida Caraballo Martinez has been an educator in Puerto Rico for 28 years and is now the principal of an elementary school. Her school has been slated for closure three times because of mass emigration from the island. Credit: Kavitha Cardoza for The Hechinger Report
Under President Joe Biden, there were tentative gains, buttressed by billions of dollars and sustained personal attention from top federal education officials, many experts and educators on the island said. Now they worry that it will all be dismantled with the change in the White House. President Donald Trump has made no secret of his disdain for the U.S. territory, having reportedly said that it was “dirty and the people were poor.” During his first term, he withheld billions of dollars in federal aid after Hurricane Maria and has suggested selling the island or swapping it for Greenland.
A recent executive order to make English the official language has worried people on the island, where only 1 in 5 people speak fluent English, and Spanish is the medium of instruction in schools. Trump is seeking to eliminate the U.S. Department of Education and has already madesweeping cuts to the agency, which will have widespread implications across the island. Even if federal funds — which last year made up more than two thirds of funding for the Puerto Rican Department of Education, or PRDE — were transferred directly to the local government, it would likely lead to worse outcomes for the most vulnerable children, say educators and policymakers. The PRDE has historically been plagued by political interference, widespread bureaucracy and a lack of transparency.
And the local education department is not as technologically advanced as other state education departments, nor as able to disseminate best practices. For example, Puerto Rico does not have a “per pupil formula,” a calculation commonly used on the mainland to determine the amount of money each student receives for their education. Robert Mujica is the executive director of the Puerto Rico Financial Oversight and Management Board, first convened under President Barack Obama in 2016 to deal with the island’s financial morass. Mujica said Puerto Rico’s current allocation of education funds is opaque. “How the funds are distributed is perceived as a political process,” he said. “There’s no transparency and there’s no clarity.”
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In 2021, Miguel Cardona, Biden’s secretary of education, promised “a new day” for Puerto Rico. “For too long, Puerto Rico’s students and educators were abandoned,” he said. During his tenure, Cardona signed off on almost $6 billion in federal dollars for the island’s educational system, leading to a historic pay increase for teachers, funding for after-school tutoring programs, hiring of hundreds of school mental health professionals and the creation of a pilot program to decentralize the PRDE.
Cardona designated a senior adviser, Chris Soto, to be his point person for the island’s education system to underscore the federal commitment. During nearly four years in office, he made more than 50 trips to the island. Carlos Rodriguez Silvestre, the executive director of the Flamboyan Foundation, a nonprofit in Puerto Rico that has led children’s literacy efforts on the island, said the level of respect and sustained interest felt like a partnership, not a top-down mandate. “I’ve never seen that kind of attention to education in Puerto Rico,” he said. “Soto practically lived on the island.”
Soto also worked closely with Victor Manuel Bonilla Sánchez, the president of the teachers union, Asociación de Maestros de Puerto Rico, or AMPR, which resulted in a deal in which educators received $1,000 more a month to their base salary, a nearly 30 percent increase for the average teacher.“It was the largest salary increase in the history of teachers in Puerto Rico,” Bonilla said, though even with the increase, teachers here still make far less money than teachers on the mainland.
One of the biggest complaints Soto said he heard was how rigid and bureaucratic the Puerto Rico Department of Education was, despite a 2018 education reform law that allows for more local control. The education agency — the largest unit of government on the island, with the most employees and the biggest budget — was set up so that the central office had to sign off on everything. So Soto created and oversaw a pilot program in Ponce, a region on the island’s southern coast, focusing on decentralization.
For the first time, the local community elected an advisory board of education, and superintendent candidates had to apply rather than be appointed, Soto said. The superintendent was given the authority to sign off on budget requests directly rather than sending them through officials in San Juan, as well as the flexibility to spend money in his region based on individual schools’ needs.
In the past, that wasn’t a consideration: For example, Yadira Sanchez, a psychologist who has worked in Puerto Rican education for more than 20 years, remembers when a school got dozens of new air conditioners even though it didn’t need it. “They already had functioning air conditioners,” she said, “so that money was lost.”
The pilot project also focused on increasing efficiency. For example, children with disabilities are now evaluated at their schools rather than having to visit a special center. And Soto says he tried to remove politics and increase transparency around spending in the PRDE as well. “You can improve invoices, but if your political friends are getting the work, then you don’t have a good school system,” he said.
A school bus under a tree that fell during Hurricane Maria, which hit the island of Puerto Rico in September 2017. More than a year later, it had not been removed. Credit: Al Bello/Getty Images for Lumix
Under Biden, Puerto Rico also received a competitive U.S. Department of Education grant for $10.5 million for community schools, another milestone. And the federal department started including data on the territory in some education statistics collected. “Puerto Rico wasn’t even on these trackers, so we started to dig into how do we improve the data systems? Unraveling the data issue meant that Puerto Rico can properly get recognized,” Soto said.
But already there are plans to undo Cardona’s signature effort in Ponce. The island’s newly elected governor, Jenniffer González Colón, is a Republican and a Trump supporter. The popular secretary of education, Eliezer Ramos Parés, returned earlier this year to head the department after leading it from April 2021 to July 2023 when the governor unexpectedly asked him to resign — not an unusual occurrence within the island’s government, where political appointments can end suddenly and with little public debate. He told The Hechinger Report that the program won’t continue in its current form, calling it “inefficient.”
“The pilot isn’t really effective,” he said, noting that politics can influence spending decisions not only at the central level but at the regional level as well. “We want to have some controls.” He also said expanding the effort across the island would cost tens of millions of dollars. Instead, Ramos said he was looking at more limited approaches to decentralization, around some human resource and procurement functions. He said he was also exploring a per pupil funding formula for Puerto Rico and looking at lessons from other large school districts such as New York City and Hawaii.
While education has been the largest budget item on the island for years, it’s still far less than any of the 50 states spend on each student. Puerto Rico spends $9,500 per student, compared with an average of $18,600 in the states.
The U.S. Department of Education, which supplements local and state funding for students in poverty and with disabilities, has an outsized role in Puerto Rico schools. On the island, 55 percent of children live below the poverty line, compared with 17 percent in the 50 states; for students in special education, the figures are 35 percent and 15 percent, respectively. In total, during fiscal year 2024, more than 68 percent of the education budget on the island comes from federal funding, compared to 11 percent in U.S. states. The department also administers Pell Grants for low-income students — some 72 percent of Puerto Rican students apply — and supports professional development efforts and initiatives for Puerto Rican children who move back and forth between the mainland and territory.
Linda McMahon, Trump’s new education secretary, has reportedly said that the government will continue to meet its “statutory obligations” to students even as the department shuts down or transfers some operations and lays off staff. The U.S. Department of Education did not respond to requests for comment.
Some say the Biden administration’s pouring billions of dollars into a troubled education system with little accountability has created unrealistic expectations and there’s no plan for what happens after money is spent. Mujica, the executive director of the oversight board, said the infusion of funds postponed tough decisions by the Puerto Rican government. “When you have so much money, it papers over a lot of problems. You didn’t have to deal with some of the challenges that are fundamental to the system.” And he said there is little discussion of what happens when that money runs out. “How are you going to bridge that gap? Either those programs go away or we’re going to have to find the funding for them,” Mujica said.
He said efforts like the one in Ponce to bring decision making closer to where the students’ needs are is “vitally important.” Still, he said he’s not sure the money improved student outcomes. “This was a huge opportunity to make fundamental changes and investments that will yield long-term results. I’m not sure that we’ve seen the metrics to support that.”
Puerto Rico is one of the most educationally impoverished regions, with academic outcomes well below the mainland. On the math portion of the National Assessment of Educational Progress, or NAEP, a test that students across the U.S. take, just 2 percent of fourth graders in Puerto Rico were proficient, the highest score ever recorded for the island, and zero percent of eighth graders were. Puerto Rican students don’t take the NAEP for reading because they learn in Spanish, not English, though results shared by Ramos at a press conference in 2022 showed only 1 percent of third graders were reading at grade level.
There are some encouraging efforts. Flamboyan Foundation, the nonprofit in Puerto Rico, has been leading an island-wide coalition of 70 partners to improve K-3 literacy, including through professional development. Teacher training through the territory’s education department has often been spotty or optional.
The organization now works closely with the University of Puerto Rico and, as part of that effort, oversees spending of $3 million in literacy training. Approximately 1,500 or a third of Puerto Rico’s K-5 teachers have undergone the rigorous training. Educators were given $500 as an incentive for participating, along with books for their classrooms and three credit hours in continuing education. “It was a lot of quality hours. This was not the ‘spray and pray’ approach,” said Silvestre. That effort will continue, according to Ramos, who called it “very effective.”
A new reading test for first through third graders the nonprofit helped design showed that between the 2023 and 2024 school years, most children were below grade level but made growth in every grade. “But we still have a long way to go so that this data can get to teachers in a timely manner and in a way that they can actually act on it,” Silvestre said.
Kristin Ehrgood, Flamboyan Foundation’s CEO, said it’s too soon to see dramatic gains. “It’s really hard to see a ton of positive outcomes in such a short period of time with significant distrust that has been built over years,” she said. She said they weren’t sure how the Trump administration may work with or fund Puerto Rico’s education system but that the Biden administration had built a lot of goodwill. “There is a lot of opportunity that could be built on, if a new administration chooses to do that.”
Another hopeful sign is that the oversight board, which was widely protested when it was formed, has cut the island’s debt from $73 billion to $31 billion. And last year board members increased education spending by 3 percent. Mujica said the board is focused on making sure that any investment translates into improved outcomes for students: “Our view is resources have to go into the classroom.”
Betty A. Rosa, education commissioner and president of the University of the State of New York and a member of the oversight board, said leadership churn in Puerto Rico drives its educational instability. Every new leader is invested in “rebuilding, restructuring, reimagining, pick your word,” she said. “There is no consistency.” Unlike her New York state position, the Puerto Rican education secretary and other positions are political appointments. “If you have permanent governance, then even when the leadership changes, the work continues.”
Ramos, who experienced this instability when the previous governor unexpectedly asked to resign in 2023, said he met McMahon, the new U.S. secretary of education, in Washington, D.C., and that they had a “pleasant conversation.” “She knows about Puerto Rico, she’s concerned about Puerto Rico, and she demonstrated full support in the Puerto Rico mission,” he said. He said McMahon wanted PRDE to offer more bilingual classes, to expose more students to English. Whether there will be changes in funding or anything else remains to be seen. “We have to look at what happens in the next few weeks and months and how that vision and policy could affect Puerto Rico,” Ramos said.
Ramos was well-liked by educators during his first stint as education secretary. He will also have a lot of decisions to make, including whether to expand public charter schools and close down traditional public schools as the island’s public school enrollment continues to decline precipitously. In the past, both those issues led to fierce and widespread protests.
Soto says he’s realistic about the incoming administration having “different views, both ideologically and policywise,” but he’s hopeful the people of Puerto Rico won’t want to go back to the old way of doing things. “Somebody said, ‘You guys took the genie out of the bottle and it’s going to be hard to put that back’ as it relates to a student-centered school system,” Soto said.
Cardona, whose grandparents are from the island, said Puerto Rico had seen “academic flatlining” for years. “We cannot accept that the students are performing less than we know they are capable of,” he told The Hechinger Report, just before he signed off as the nation’s top education official. “We started change; it needs to continue.”
Principal Carabello’s small school of 150 students and 14 teachers has been slated for closure three times already, though each time it has been spared in part because of community support. She’s hopeful that Ramos, with whom she’s worked previously, will turn things around. “He knows the education system,” she said. “He’s a brilliant person, open to listen.”
Escuela de la Communidad Jaime C. Rodriguez is a Montessori school in Yabucoa, Puerto Rico, that did not have any sports facilities for its students. It recently began work on a multipurpose sports center, made possible by federal funds under former President Joe Biden. Credit: Kavitha Cardoza for The Hechinger Report
But the long hours of the past several years have taken a toll on her. She is routinely in school from 6:30 a.m. to 6:30 p.m. “You come in when it’s dark and you leave when it’s dark,” she said. There have been many new platforms to learn and new projects to implement. She wants to retire but can’t afford to. After decades of the local government underfunding the pension system, allowances that offset the high price of goods and services on the island were cut and pension plans were frozen.
Now instead of retiring with 75 percent of her salary, Carabello will receive only 50 percent, $2,195 a month. She is entitled to Social Security benefits, but it isn’t enough to make up for the lost pension. “Who can live with $2,000 in one month? Nobody. It’s too hard. And my house still needs 12 years more to pay.”
Carabello, who is always so strong and so optimistic around her students, teared up. But it’s rare that she allows herself time to think about herself. “I have a great community. I have great teachers and I feel happy with what I do,” she said.
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As I write this blog, the spring statement is two days away, and I have no idea (although I can make a guess!) how Chancellor of the Exchequer Rachel Reeves’ statement has gone down with people. Reeves studied for her first degree at New College Oxford, and so that’s where we’re going today.
This being Oxford, New College is obviously a very old college. It was founded in 1379 by William of Wykeham, the Bishop of Winchester. Formally – that is, when it’s in trouble with its mum – it’s called The College of St Mary of Winchester in Oxford. But even in 1379 this caused confusion. There was already another college dedicated to St Mary – the one snappily titled The Provost and Scholars of the House of the Blessed Mary the Virgin in Oxford, commonly called Oriel College, of the Foundation of Edward the Second of famous memory, sometime King of England.
And so it became known as New College. Which name it retains to this day, despite (at the time of writing) there being thirty colleges of the university which are, by any reckoning, newer.
Anyway, enough cavilling. The college was founded, and it had a name which at the time seemed reasonable. It’s founder, William of Wykeham, was a man of substance: as well as being Bishop of Winchester, he was Lord Chancellor to both King Edward III and Richard II. And he became thereby a rich man: by speculating on tax revenues, by income from the many church livings he had, and by the expropriation of the property of French religious houses looted during the Hundred Years’ War.
He used these riches in part to fund education, and in the late 1370s was busy not only establishing an Oxford college, but also establishing Winchester School. (He’s the reason why Winchester old boys are called Wykehamists. I say old boys advisedly – Winchester School started admitting girls in 2022, so soon former pupils will be a more accurate description.)
New College’s charter and statutes made it unusual. Admission was restricted to pupils from Winchester College – it formed a closed system. It also included provision for undergraduate students, one of the first at Oxford to do so. (And no, I’m not sure how you got to be a graduate student if you hadn’t been admitted somewhere to be an undergraduate first. My guess is that the medieval understandings of these terms is different to mine today.)
The senior fellows (masters and above) taught the junior fellows (undergraduates). In this arrangement you can see the start of Oxford’s tutorial system; you can also see the practice of research students teaching undergraduate classes, which is common across the UK today, especially in research-focused universities.
New College was also the first of the Oxford colleges to be built around a quadrangle, meaning that everything the fellows needed – places to sleep, eat, read and pray – were inside the college walls.
The statutes and the physical constraints of the buildings kept New College small. The college’s history identifies two notable periods in the next few centuries. The first was the period of religious strife during the Tudor dynasty’s reign. New College was a hotbed of Catholic fervour, and its fellows staunch supporters of Queen Mary. And when Mary died, to be succeeded by the very protestant Elizabeth, many of its scholars fled to mainland Europe.
In the civil war, Oxford was a significant place – the base of the King’s parliament for much of the war, it was also put under siege. The royalist defence of the city was, in part, organised by the then warden (head) of the college, Robert Pinke, who was acting vice chancellor at the time. When Oxford was threatened by parliamentarian forces, he went to parley with their commanders. One of whom, William Fiennes, Viscount Saye and Sele, was a New College man himself. But that didn’t stop him sending Pinke to London where he was arrested and held for a while. Alumni relations must have been tricky for a while after that.
After the civil war, demand for higher education slowly grew, as the political settlement took hold, as the power of the monarch was slowly constrained by parliament, and as a middle class began to emerge. But New College was constrained by its statutes: it could only have 70 fellows, and they had to be Winchester College students. This meant that it went from being one of the larger colleges to being one of its smallest.
Statute and ordinance changes in 1857 and 1883 did much to modernise the college. The requirement to be a Winchester school pupil was removed; the limit to the college’s size also. In 1868 fellows were permitted to marry, and the college introduced (with Balliol) the idea of intercollegiate lectures. The college grew, admitting more students, so that by 1900 nearly 300 undergraduates were registered.
The 1900s also brought a couple of notable wardens. The first was William Archibald Spooner, for whom spoonerisms were named. Spooner, it is held, was prone to making amusing slips in his speech, such as asking “tell me, was it you or your brother who was killed in the war?” A particular meaning is swapping the first sounds of nearby words (“you have hissed my mystery lectures”). Dictionaries of quotations are full of spoonerisms. And, once you recognise that New College becomes cue, knowledge, it is possible to have some sympathy with the Reverend Spooner. The pen-portrait on the college website is certainly very fond of him, with good reason, I would say.
The second notable warden was H A L Fisher. Fisher was President of the Board of Education in David Lloyd George’s wartime cabinet, from 1916 to 1922. He introduced legislation to require compulsory education for all children up to the age of 14, and also introduced enhanced pension arrangements for teachers. The Teachers’ Pension Scheme, rates for which currently cause headaches for more than a few university vice chancellors, is part of Fisher’s legacy. He retied from politics to take up the post of warden of New College, succeeding Spooner. Fisher died in 1940.
There’s a fascinating, and slightly ghoulish, postscript to Fisher’s life. In 1943, as part of a wartime deception, British intelligence dressed up a corpse as a British marine, carrying apparently secret documents. Documents written to deceive. The body was left to wash ashore near Spain, the documents were shared by the then fascist Spanish government with nazi Germany. And the documents, which related to the site of allied landings in southern Europe, seem to have been believed. To make the deception more credible, the fictitious marine had to be dressed appropriately, and in wartime London good quality clothing was hard to find. And so Fisher’s woollen underwear was used.
On March 25, the House Education and Workforce Subcommittee on Workforce Protections held a hearing titled “The Future of Wage Laws: Assessing the FLSA’s Effectiveness, Challenges, and Opportunities.” The hearing focused on several bills aimed at modernizing the Fair Labor Standards Act (FLSA), including legislation to amend overtime pay requirements on compensatory time and regular rate of pay and to provide clarity on independent contractor status under the FLSA.
The witnesses at the hearing included Tammy McCutchen, senior affiliate at Resolution Economics; Paige Boughan, senior vice president and director of human resources at Farmers and Merchants Banks (on behalf of the Society for Human Resource Management); Andrew Stettner, director of economy and jobs at the Century Foundation; and Jonathan Wolfson, chief legal officer and policy director at Cicero Institute.
Compensatory Time
Committee members and witnesses discussed the Working Families Flexibility Act, which would allow private sector employers, including private institutions, to offer employees the choice of compensatory time or cash wages for overtime hours worked. Currently, the FLSA only allows for employees working for the public sector, including public institutions, to choose compensatory time or cash compensation for overtime hours worked.
Chair of the Education and Workforce Committee Tim Walburg (R-MI) expressed his support for a bill like the Working Families Flexibility Act, as it would allow employees to choose which form of compensation best suits their needs. On the other side of the aisle, Rep. Mark Takano (D-CA) argued that offering compensatory time is an attempt to force workers to work more hours for free.
CUPA-HR submitted a letter for the record prior to the hearing in support of the Working Families Flexibility Act. The letter highlights our past support for the legislation as introduced in previous Congresses. It also draws from CUPA-HR President and CEO Andy Brantley’s testimony for a 2013 Workforce Protections Subcommittee hearing in support of compensatory time. In his testimony, he provided examples of instances where employees benefited from the option of such overtime compensation, which he witnessed while working as an HR leader at a large public university.
Regular Rate
The hearing also discussed the Empowering Employer Child and Elder Care Solutions Act, which would exclude the value of employer-funded child or dependent care benefits from the regular rate calculation. The FLSA requires that overtime hours are paid at one-and-one-half times the employee’s regular rate of pay, which is an average hourly rate that includes certain types of compensation.
During the hearing, Rep. Mark Messmer (R-IN) argued that the regular rate calculation that is currently used to determine overtime pay discourages employers from offering certain benefits. McCutcheon stated that legislation like the Empowering Employer Child and Elder Care Solutions Act would encourage employers to offer more benefits as they would no longer face burdensome overtime pay calculations.
Independent Contractor Status
During the hearing, committee members and witnesses also discussed the Modern Worker Empowerment Act (H.R. 1319), which would establish a new standard for defining an employee and an independent contractor under the FLSA. Specifically, the legislation would implement language that states workers are employees if the employer controls what work will be done and how it will be done, and workers are independent contractors if the entity under which the worker works does not exercise significant control over how the work is performed, among other things.
Rep. Kevin Kiley (R-CA), who introduced the bill in early February, stated that the Modern Worker Empowerment Act was needed to ensure protections for independent contractors in the FLSA. Wolfson pointed to a 2019 California law, AB 5, which implemented an “ABC” test for worker classification and stated that businesses stopped working with freelancers as a result of the law. McCutcheon explained that the Modern Worker Empowerment Act provides clarity when determining worker classification status by focusing on who controls the work being done, unlike California’s ABC test which she claimed was too complicated.
Ranking Member of the Education and Workforce Committee Bobby Scott (D-VA) opposed the Modern Worker Empowerment Act, claiming that workers do not want to be independent contractors and that employers force workers to accept independent contractor status, thus saving employers money.
The House Education and Workforce Committee will continue to consider these bills as they are reintroduced and marked up during the 119th Congress. CUPA-HR will monitor for future developments on the bills discussed during this hearing and keep members apprised of significant updates.
Less than a week after Yeshiva University agreed to recognize an LGBTQ+ student club as part of a legal settlement, university president Ari Berman apologized for the way the university conveyed the announcement and stressed that “pride” clubs still run counter to the values of the Modern Orthodox Jewish university, Jewish Telegraphic Agency reported. He emphasized that the newly approved club would function “in accordance with halacha,” or Jewish law.
“I deeply apologize to the members of our community—our students and parents, alumni and friends, faculty and Rabbis—for the way the news was rolled out,” Berman, a rabbi, wrote in an email to students Tuesday. “Instead of clarity, it sowed confusion. Even more egregiously, misleading ‘news’ articles said that Yeshiva had reversed its position, which is absolutely untrue.”
The university has been mired in a legal battle with its LGBTQ+ student group, the YU Pride Alliance, since 2021, when the group sued for official university recognition. Yeshiva said it wasn’t legally required to recognize the club because of Orthodoxy’s stance against same-sex relations. The two parties announced a settlement last week in which students will run an LGBTQ+ club called Hareni that will “operate in accordance with the approved guidelines of Yeshiva University’s senior rabbis,” according to a joint statement issued last Thursday.
LGBTQ+ students celebrated the settlement as a new milestone. But Berman framed the settlement as doubling down on an old proposal from 2022, when the university sought to create its own LGBTQ+ student club called Kol Yisrael Areivim. Plaintiffs rejected the plan at the time, on the grounds that the club wouldn’t be student-run. But Berman said Hareni was similarly created “to support students who are striving to live authentic, uncompromising” lives within the bounds of Jewish law, “as previously described.”
“The Yeshiva has always conveyed that what a Pride club represents is antithetical to the undergraduate program in which the traditional view of marriage and genders being determined at birth are transmitted,” Berman wrote in his message to students. “The Yeshiva never could and never would sanction such an undergraduate club and it is due to this that we entered litigation.”
As he sees it, “last week, the plaintiffs in the lawsuit against YU accepted to run Hareni, instead of what they were originally suing us for, moved to end the case, and the case has been dismissed.”
Structural factors refer to the context that makes the rise to power of an authoritarian state more likely. Authoritarian regimes are unusual in countries that are rich, socially stable and that have a tradition of constitutionally limited, civilian government. If they do emerge in these sorts of countries, it is usually the result of a crisis, brought about by external factors such as war or international economic crisis. As usual with history, the history teachers favorite acronym PESC is a good way to go about organizing these structural factors – PESC = the political, economic, social, and cultural conditions that encourage authoritarian rule.
Virginia’s Republican governor, Glenn Youngkin, abruptly removed Bert Ellis—one of his own appointees—from the University of Virginia Board of Visitors, The Washington Post reported Wednesday.
Youngkin confirmed the move in a letter to Ellis posted online.
“While I thank you for your hard work, your conduct on many occasions has violated the Commonwealth’s Code of Conduct for our Boards and Commissions and the Board of Visitors’ Statement of Visitor Responsibilities,” Youngkin wrote.
Youngkin, who appointed Ellis to UVA’s board in June 2022, reportedly disapproved of his combative style. The Post reported that the governor had asked him to step down, but Ellis balked at working with the administration to craft a statement about his resignation. Following that hesitation, Youngkin reportedly took the unusual step of removing Ellis from UVA’s board.
Ellis was serving a four-year term set to end next June.
As a member of UVA’s Board of Visitors, Ellis frequently caused controversy. Among other things, he insulted university staffers and sought to downplay the history of slavery at UVA, which was founded by Thomas Jefferson. Before he was appointed to the board, Ellis, who is a UVA graduate, sparked controversy for removing a poster that read “fuck UVA” from a student’s door on campus. Ellis has also been criticized for his connections to the Jefferson Council, a conservative alumni organization, which he led, that is frequently critical of UVA leadership.
Neither UVA nor Ellis responded to requests for comment from Inside Higher Ed.
Entering the workforce can be a daunting experience for recent college graduates. A May 2024 Student Voice survey by Inside Higher Ed and Generation Lab found 68.9 percent of current students are at least somewhat stressed when they think about and prepare for their life after graduation.
Working in a career that resonates with their interests is also a goal for students: Two-thirds of young people globally say they want their job to be meaningful and make them happier than they were last year. Of respondents’ top three work ambitions, young people in the U.S. identified financial stability (65 percent) and achieving work-life balance (52 percent) as priorities.
To help students engage in career wellness, a group of students from the University of Wisconsin at Madison and California State Polytechnic University, Pomona—supported by advisers from Cal Poly Pomona—created Tune In to Strive Out, which encourages students to channel their inner potential for future success and collective well-being.
The program, housed at the Center for Research on College-Workforce Transitions (CCWT) at Madison, includes student resources and facilitator training. The initiative launched in spring 2022 and has supported over 150 students to date.
Survey Says
A survey of young people in the workforce (ages 27 to 35) found about one in four respondents strongly agree their employer has policies or structures in place to support work-life balance.
How it works: The Tune in to Strive Out Career Wellness Program guides students through practices that build their self-efficacy and understanding of their wellness. The goal is to bridge theory and practice in ways that are applicable and flexible to various circumstances students may be in.
The intervention can be offered as a stand-alone program or integrated into existing courses.
Tune in to Strive Out includes five modules, rooted in the radical healing framework, which focus on students’ development of values, career goals, resiliency and senses of hope and community. The program includes a supplemental tool kit of resources for students to explore as well.
“The program addresses unique challenges individuals face by emphasizing the importance of community and cultural strengths in healing and strategies to foster radical hope to persist in the face of barriers,” said Mindi Thompson, executive director of CCWT.
To guide practitioners on delivering the intervention, the center provides a three-hour facilitator training, which costs $30 per person and fulfills continuing education hours for National Career Development Association credentials.
Once training is completed, a facilitator receives access to a portal containing the detailed facilitation manual, a student workbook and presentation slides.
The impact: Seventeen students from three different postsecondary institutions participated in a pilot study, which has since been scaled to involve more than 150 student participants and 90 professionals who completed the facilitator training to deliver the program.
In the future, CCWT hopes to further scale and reach practitioners with the resources so they can better support student success.
Do you have a career-focused intervention that might help others promote student success? Tell us about it.
The Community College of Philadelphia reached a tentative agreement with its faculty and staff union, staving off an impending strike, 6ABC Action News reported.
The union, AFT Local 2026, or the Faculty and Staff Federation of Community College of Philadelphia, threatened to strike Wednesday morning if a deal wasn’t reached. But union and college leaders say they worked through Tuesday night to arrive at an agreement after more than a year of bargaining over employee contracts.
“After a long night of bargaining, Community College of Philadelphia is glad to have reached a tentative agreement with our partners in the Faculty and Staff Federation,” Donald Guy Generals, president of Community College of Philadelphia, said in a press release. “We are grateful for the hard work and collaboration that brought us to this milestone. The agreement secures fair terms and wage increases while ensuring the financial sustainability of the College. The College is thankful the spring semester will proceed uninterrupted for our students, faculty and staff.”
The outstanding issues previously holding up an agreement were union proposals for wage and staffing increases and SEPTA passes for employees and students. The tentative agreement includes class size reductions and wage increases that were a compromise between the college and the union’s proposals. The union will also be invited to join ongoing discussions with SEPTA about securing public transportation benefits, according to the release from the college.
“We showed what can happen when faculty, staff and students stand in real solidarity with each other,” Rainah Chambliss, co-president of the federation, said in a union press release. “This campaign wasn’t just about us. It was about our students and our community.”
