Tag: eligibility

  • CUPA-HR Joins Amicus Brief in Case Regarding NCAA Eligibility Rules

    CUPA-HR Joins Amicus Brief in Case Regarding NCAA Eligibility Rules

    by CUPA-HR | April 8, 2025

    On March 28, CUPA-HR joined the American Council on Education and other higher education associations in filing an amicus brief in Pavia v. NCAA, which challenges the association’s eligibility rules with respect to the five-year time limits for student-athletes. The brief was filed with the United States Court of Appeals for the 6th Circuit.

    Background

    Pavia filed the lawsuit against the NCAA in November 2024, claiming that the NCAA’s ability to limit eligibility for previous junior college transfers by counting their competition years in junior college towards the number of years they are eligible to compete in NCAA sports restrains labor market forces and thus violates antitrust laws. A federal district court judge agreed on the merits of Pavia’s arguments and issued a preliminary injunction blocking the NCAA from enforcing its eligibility rules and allowing Pavia only to play an additional season. The judge argued that the ability for student-athletes to earn money through name, image and likeness (NIL) deals thus makes the NCAA’s eligibility rules “commercial,” meaning the rules themselves would not survive antitrust scrutiny. The NCAA appealed this ruling to the 6th Circuit Court of Appeals, where the case awaits further litigation.

    Amicus Brief

    The brief, filed by ACE, CUPA-HR, and five other higher education associations, argues that all eligibility rules set by the NCAA, including the five-year time limitations challenged in this case, aim to ensure “the primacy of the educational context for the student-athlete experience.” The brief argues that the preliminary injunction placed by the district court threatens to “shift the formulation and enforcement of the NCAA’s eligibility rules from educators and athletics administrators to federal courts” as any student-athlete disqualified by an eligibility rule could request a court to file an injunction and argue that the eligibility rule restricts their ability to pursue NIL deals. This would ultimately result in a patchwork of waivers granted by judges nationwide, undermining the national system of enforcement already in place through athletic associations like the NCAA and cementing federal judges as the unofficial court of appeals for the NCAA.

    CUPA-HR will continue to monitor for updates related to this court case.



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  • PGWP eligibility expanded for college degree students

    PGWP eligibility expanded for college degree students

    Canada’s college sector has welcomed a recent policy change from the IRCC stating that graduates of college degree programs will now join university students in being exempted from PGWP field of study requirements announced in October 2024.  

    At the time, the IRCC updated the eligibility criteria for students applying for a post-graduation work permit, allowing only college graduates from certain fields of study to apply for a PGWP, thus putting the college sector at a severe disadvantage.  

    The most recent revision has been hailed as a rare piece of good news for Canadian colleges, which stakeholders warned were at risk of being “decimated” by the IRCC’s eligibility criteria.  

    Conestoga College senior vice-president Gary Hallam said the decision was an “important step forward” for the sector, acknowledging “the excellence of our academic programming and the essential role colleges play in ensuring graduates have the skills and knowledge needed for success in today’s workforce”.

    “We are particularly pleased our international students will now benefit from the breadth of our programming,” added Hallam, highlighting Conestoga’s 25 degree programs offering a blend of theory and hands-on practical learning.

    The change applies to students who applied for a study permit after November 1, 2024, to pursue a college bachelor’s, master’s or doctoral degree program.  

    Coupled with other restrictions, the field of study requirements were already having a dramatic impact on Canadian institutions, with new international college enrolments seeing a 60% decline in 2024, triggering a stream of course closures and layoffs felt hardest in Ontario.  

    The IRCC’s decision… acknowledges the essential role colleges play in ensuring graduates have the skills and knowledge needed for success in today’s workforce

    Gary Hallam, Conestoga College

    The English and French language requirements announced last year remain in place for all PGWP applicants, and non-degree students will still have to meet the field of study requirements intended to foster greater alignment between education and labour-market needs.  

    Earlier this year, the IRCC added education as an eligible field of study reflecting labour market shortages across the regions in areas such as early childhood education, teaching assistance and childcare provision.  

    Despite some confusion regarding the wording of the IRCC’s guidance, the Canadian Bureau for International Education (CBIE) confirmed the change, and that the department was working to update its website.  

    Since January 2024, the IRCC has stepped up scrutiny of international student recruitment at Canadian institutions, capping international student numbers with the aim of reducing temporary residents from 6.5% of Canada’s total population to 5% by the end of 2026.

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  • Trump order restricts PSLF eligibility for certain nonprofits

    Trump order restricts PSLF eligibility for certain nonprofits

    Drew Angerer/Getty Images

    In his latest executive action, President Donald Trump directed the Education Department to limit eligibility for the Public Service Loan Forgiveness program.

    The order, issued late Friday evening, would require the Education Department to go through a complex and lengthy process known as negotiated rule making, so the directive doesn’t change anything immediately. And Education Secretary Linda McMahon pledged at her confirmation hearing that PSLF will not be eliminated completely, as “that’s the law.” However, the changes could lead to the denial of student loan forgiveness for thousands of nonprofit employees.

    The administration argued the order was a necessary step to “restore the program” and end the subsidization of “illegal activities” such as “illegal immigration, human smuggling, child trafficking, pervasive damage to public property, and disruption of the public order.”

    But Democrats and debt relief and consumer protection advocates say it’s another attempt to weaponize the federal government and block funds from reaching public servants in fields the president disagrees with.

    “Don’t be fooled, today’s executive order is blatantly illegal,” Mike Pierce, executive director of the Student Borrower Protection Center, said in a statement Friday. “It is an attack on working families everywhere and will have a chilling effect on our public service workforce doing the work every day to support our local communities.”

    Like Trump’s other executive orders, this directive is likely to face legal challenges.

    Congress created the PSLF program in 2007 with bipartisan support under former president George W. Bush. It was designed to incentivize Americans to work in public service, by promising student loan forgiveness to federal, state, local or tribal government staff members; civilians working in the military; and the employees of certain nonprofit organizations after they make 10 years of qualifying payments on an approved federal loan repayment plan.

    Historically, recognized nonprofits have included emergency management and crime-reduction services, public interest and civil rights legal groups, and institutions of public health and education. More than two million borrowers are eligible for the program, according to December data from the Education Department, the Associated Press reported.

    But gaining access to the program’s benefits hasn’t always been easy. In 2019, during the first Trump administration, the American Federation of Teachers sued then–education secretary Betsy DeVos, alleging “gross mismanagement” of the program. Data showed that of the roughly 76,000 applications submitted between 2017 and the filing of the lawsuit, only about 1 percent had been approved.

    Although the department reached a settlement in fall 2021 and committed to reconsider every application it denied, when the first Trump administration exited office, only 7,000 Americans had received forgiveness. Comparatively, the Biden administration prioritized making the program easier to access and provided more than $74 billion in relief to more than one million borrowers over the course of four years.

    Now, under the new stipulations, fewer borrowers could see relief, advocates said.

    “The PSLF Program has misdirected tax dollars into activist organizations that not only fail to serve the public interest, but actually harm our national security and American values, sometimes through criminal means,” the order says. “The Secretary of Education shall propose revisions … that ensure the definition of ‘public service’ excludes organizations that engage in activities that have a substantial illegal purpose.”

    According to the order, activities that would disqualify a nonprofit include: aiding or abetting violations of federal immigration laws, supporting terrorism, engaging in violence for the purpose of obstructing federal policy, the chemical and surgical castration or mutilation of children “or the trafficking of children to so-called transgender sanctuary States for purposes of emancipation from their lawful parents,” and aiding and abetting illegal discrimination.

    Although the president didn’t say so directly, experts interpret the order as yet another attempt to discourage activism and chill efforts Trump disagrees with, such as diversity, equity and inclusion; LGBTQ+ advocacy; pro bono defense for undocumented immigrants; and Palestinian statehood.

    Representative Tim Walberg, a Republican from Michigan and chair of the House Committee on Education and the Workforce, praised the president’s intentions in a statement, saying President Trump is protecting Jewish students from “the hatred they’ve been enduring” on college campuses.

    “Federal dollars shouldn’t fund antisemitism,” he said. “President Trump is stepping up by preventing these activists from receiving windfalls in forgiveness benefits footed by taxpayers.”

    Senator Patty Murray, a Democrat from Washington and former chair of the Health, Education, Labor and Pensions Committee, says Trump is “holding resources owed to hardworking Americans hostage.”

    “President Trump is once again trying to use his office to force his extreme political views on the American people by choking off promised relief for people who’ve served our country in ways he disagrees with,” she said. “It is as outrageous as it is un-American.”

    But the Trump administration says the order is about more than just preventing “subsidized wrongdoing.” In his view, it’s also a matter of limiting “perverse incentives” for higher education institutions.

    Rather than alleviating worker shortages, the president said, PSLF encourages colleges and universities to increase the cost of tuition and load students in “low-need majors” with “unsustainable” debt.

    To that, debt-relief advocates like the Student Debt Crisis Center say, “Public service workers are the backbone of this country.”

    “This executive order is both illegal and deeply troubling for all nonprofit workers,” SDCC president Natalia Abrams said in a statement. “Relentless political attacks on education and existing programs are not just policy decisions—they disrupt the lives and financial stability of Americans with student debt and their families. This must stop.”

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  • Department of Education Releases Title IX Rulemaking on Transgender Student Eligibility in School Athletics – CUPA-HR

    Department of Education Releases Title IX Rulemaking on Transgender Student Eligibility in School Athletics – CUPA-HR

    by CUPA-HR | April 12, 2023

    On April 6, the U.S. Department of Education released a Notice of Proposed Rulemaking (NPRM) on student eligibility for athletic teams under Title IX. The proposed rulemaking focuses on transgender students’ eligibility to participate on athletic teams as legislation and policies at the federal, state and local levels have been introduced to ban transgender student participation in athletic programs.

    Under the NPRM, schools that receive federal funding would not be permitted to adopt or apply a “one-size-fits-all” ban on transgender students participating on teams consistent with their gender identity. Instead, the proposal allows schools the flexibility to develop team eligibility criteria that serves important educational objectives, such as fairness in competition and preventing sports-related injuries. The Department further explains that the eligibility criteria must take into account the sport, level of competition, and grade or education level of students participating, and the criteria would have to minimize harm to students whose opportunity to participate on a team consistent with their gender identity would be limited or denied.

    The NPRM comes after the Biden administration announced its intention to release such a proposed rule after it excluded language on transgender student eligibility in athletics in its June 2022 Title IX proposed rule. The rule comes as policymakers at the federal, state and local levels have introduced and passed legislation that bans transgender participation on women’s athletic teams. Most recently, the House of Representatives passed H.R. 734, the Protection of Women and Girls in Sports Act, out of the Education and the Workforce Committee, where it now awaits a full floor vote. The bill would prohibit federally-funded education programs or activities to operate, sponsor or facilitate athletic programs or activities that allow individuals of the male sex to participate in programs or activities that are designated for women or girls, defining “sex” as an individual’s reproductive biology and genetics at birth.

    Public comments in response to the NPRM will be due 30 days from the date of publication in the Federal Register. CUPA-HR will work with other higher education associations to fully analyze the NPRM and respond accordingly.



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