Tag: Grants

  • Education Department terminates some grants for deafblind students

    Education Department terminates some grants for deafblind students

    Families, educators and advocates of children and youth who are both blind and deaf are scrambling to reclaim abruptly canceled federal funding that they say is a “lifeline” for students’ educational and developmental progress. 

    A notice of noncontinuation from the U.S. Department of Education recently went to four deafblind projects in Washington, Oregon, Wisconsin and a consortium of New England states including Connecticut, Maine, Massachusetts, New Hampshire and Vermont. Advocates say the notice was sent Sept. 5, although a letter reviewed by K-12 Dive is dated Aug. 27. 

    The noncontinuation notice to Oregon’s deafblind project fiscal agent, for example, said continuing the project “would be in conflict with agency policy and priorities, and so is not in the best interest of the Federal Government.”

    The notice quoted from the project’s 2023 grant application, which said the grant’s partners “are committed to working to improve strategies, interventions, processes to address inequities, racism, bias, and system marginalization of culturally, linguistically, or dis/ability groups.”

    Combined, the four projects’ grants were to total about $1 million for the coming fiscal year, according to figures provided by deafblind advocates. The grants in those states serve about 1,365 children and their families, advocates said.

    The projects are going into the third year of a five-year grant. The federal funding supports deafblind youth who attend public, private, and charter schools or are homeschooled. It is used for teacher training and professional development, family resources and training, educational materials and technology, and other activities.

    The Education Department’s notice to the fiscal agent of Oregon’s deafblind project gave the grant manager seven days to request reconsideration. 

    The Trump administration has been eliminating programs promoting diversity, equity and inclusion at the K-12 and higher education levels — and across the government. As such, the disability rights community has been concerned that those moves would also target efforts that support students and people with disabilities. 

    Moreover, education programs have been singled out as the Education Department under President Donald Trump has pushed to reduce federal red tape and bureaucracy by giving states more control over how they spend federal funds.

    Serenity Elliott receives services at Oregon Health and Science University in Portland, Ore., in March 2025.

    Permission granted by Candice Elliott

     

    Deafblindness and the DEI debate

    According to the National Center on DeafBlindness, a national child count conducted Dec. 1, 2023, showed 10,692 children and young adults from birth to age 26 were eligible for state deafblind project services.

    Deafblindness is a low-incidence disability, meaning it’s not considered common. The combination of hearing and vision impairments “causes such severe communication and other developmental and educational needs that students cannot be accommodated in special education programs solely for children with deafness or children with blindness,” according to the Individuals with Disabilities Education Act

    Deafblindness is one of the disability categories that qualify for IDEA services. The recent notices of noncontinuation of the IDEA Part D grants to state deafblind projects do not impact IDEA Part B and Part C services for developmental and educational supports to infants, toddlers, children and young adults with disabilities.

    Most states have their own deafblind projects that receive federal funding through IDEA, although some states partner in a multistate consortium, according to the National Center on DeafBlindness, a federally funded technical assistance center.


    “Make no mistake, losing these funds will directly impact our ability to serve some of our most vulnerable kids.”

    Jill Underly

    Wisconsin state superintendent


    The Oregon DeafBlind Project had expected to receive $133,543 for the new fiscal year starting Oct. 1. The state serves about 114 children and youth with deafblindness.

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  • Federal judge declines to restore $1B in grants cut by NSF

    Federal judge declines to restore $1B in grants cut by NSF

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    Dive Brief:

    • A federal judge on Wednesday declined to restore more than $1 billion in research grants cut by the National Science Foundation over research related to diversity, equity and inclusion while a lawsuit against the agency goes forward.
    • In the ruling, U.S. District Judge Jia Cobb concluded that the court didn’t have the jurisdiction to temporarily restore the grants and that plaintiffs failed to show they would experience “irreparable harm” from the agency’s new anti-DEI policies while the case proceeds.
    • Cobb cited in part a recent U.S. Supreme Court ruling that universities and researchers facing mass federal agency cuts must pursue their monetary claims in a separate federal court that handles economic and contractual disputes with the U.S. government.

    Dive Insight:

    In April, NSF issued a new statement of priorities asserting that grant awards “should not preference some groups at the expense of others, or directly/indirectly exclude individuals or groups.”

    “Research projects with more narrow impact limited to subgroups of people based on protected class or characteristics do not effectuate NSF priorities,” the agency added. NSF also noted grants related to environmental justice and the study of disinformation would also fall short of the agency’s objectives under the Trump administration. 

    Mass cancellations of previously awarded grants followed. In June, a group of unions and higher education associations — including the American Association of Colleges and Universities and the American Association of University Professors — sued NSF. 

    They counted 1,600 canceled grants amounting to over $1 billion funding, including many that aimed at broadening participation of women, underrepresented groups and those with disabilities in scientific and technical fields. Commonly appearing typos and boilerplate language in many of the termination notices to researchers showed the mass, automatic nature of the cancellations. 

    NSF afforded recipients of terminated grants no advance notice, and indeed no process whatsoever, before the terminations,” the complaint stated.

    Plaintiffs argued that NSF’s anti-DEI directive and cancellations violated the law as well as the constitutional principles of separation of powers and due process. Among other things, plaintiffs said the grants carried out NSF’s “statutory directive to support an increase in the participation of underrepresented populations in STEM fields, including women, minorities, and people with disabilities.”

    In her ruling Wednesday, Cobb, a Biden appointee, wrote that her court likely had jurisdiction to decide if NSF’s anti-DEI policies could be applied to future grants. But retroactively restoring the grants that had been canceled, as the plaintiffs had requested, would likely need to be handled by the U.S. Court of Federal Claims.

    Among other precedents, she cited last month’s Supreme Court ruling in a case against the National Institutes of Health over similar DEI-related grant cancellations at that agency. While the top court declined to block a district court’s order that struck down the NIH’s anti-DEI guidance, it said the plaintiffs must seek relief for the canceled grants in federal claims court.

    Critics of the decision — including justices in the liberal minority — said that the ruling would add new complications and delays while research projects and laboratories suffer. 

    Cobb further concluded that plaintiffs’ argument that their constitutional rights were violated was unlikely to succeed, finding that their claims were instead statutory in nature. There again Cobb cited a recent case against the Trump administration, this one brought by the Global Health Council over mass cuts at the U.S. Agency for International Development. 

    Democracy Forward, a nonprofit legal organization representing plaintiffs in the lawsuit, called Cobb’s decision not to block NSF’s terminations disappointing and “a loss for American innovation and excellence.”

    This case is not over and we are eager to defend the important role the NSF plays in the daily lives of Americans,” the group said in a statement.

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  • Education Department cancels $350M in grants for minority-serving institutions

    Education Department cancels $350M in grants for minority-serving institutions

    Dive Brief: 

    • The U.S. Department of Education is ending funding to several grant programs for minority-serving institutions, calling them racially discriminatory because colleges must enroll certain shares of underrepresented students to qualify for the awards. 
    • In fiscal 2025, the department had been expected to award $350 million in grants to benefit institutions serving large shares of Alaska Native, Asian American, Black, Hispanic, Native American, Native Hawaiian and Pacific Islander students. The agency said on Wednesday it will redirect the funding to other programs “that advance Administration priorities.” 
    • The announcement quickly drew criticism from college leaders, lawmakers and higher education organizations, who argued that cutting the grants would harm students and damage colleges that rely on the funding. 

    Dive Insight: 

    The cut grants have supported myriad initiatives at MSIs, such as purchasing laboratory equipment, improving buildings and classrooms, supporting student services like tutoring, and establishing endowment funds. 

    Eliminating the funding will irreparably harm students, Mildred García, chancellor of the California State University system, said in a Wednesday statement. She panned the move, noting that all but one of the CSU system’s 22 universities are Hispanic-serving institutions. 

    “Without this funding, students will lose the critical support they need to succeed in the classroom, complete their degrees on time, and achieve social mobility for themselves and their families,” García said.

    Higher education leaders also said the funds benefit all students. 

    “The funds granted to HSIs have never supported only Latino students,” David Mendez, interim CEO of the Hispanic Association of Colleges and Universities, said in a statement on Wednesday.  “These funds strengthen entire campuses, creating opportunities and resources that benefit all students, especially those pursuing STEM fields, as well as enhancing the communities where these colleges and universities are located.”

    University of Hawaiʻi President Wendy Hensel voiced concerns specifically about the impact the move would have across the public 10-campus system. 

    “It will affect all of our students, the programs that support them and the dedicated staff who carry out this work,” Hensel said in a Wednesday statement

    However, the Education Department took issue with the eligibility requirements for colleges to receive grants. 

    For instance, to be eligible for grants for the Developing Hispanic-Serving Institutions program, colleges must have student bodies where at least 25% of learners are Hispanic. For grants under the Minority Science and Engineering Improvement program, which is meant to encourage underrepresented students to enter STEM fields, colleges must have student bodies where 50% of learners belong to underrepresented racial or ethnic minority groups. 

    “To further our commitment to ending discrimination in all forms across federally supported programs, the Department will no longer award Minority-Serving Institution grants that discriminate by restricting eligibility to institutions that meet government-mandated racial quotas,” U.S. Education Secretary Linda McMahon said in a statement on Wednesday. 

    McMahon said the department wants to work with Congress to “reenvision these programs to support institutions that serve underprepared or under-resourced students without relying on race quotas.”

    The Education Department’s decision Wednesday targets some of the very grants over which it is currently being sued by the state of Tennessee and Students for Fair Admissions, the anti-affirmative action group that successfully sued to end race-conscious admissions at colleges. In a lawsuit filed in June, the plaintiffs argued that grants for HSIs are discriminatory due to their eligibility requirements. 

    In a July memo, the U.S. Department of Justice said it would not defend the grant programs. Solicitor General D. John Sauer said the agency determined that they violated the constitutional right to equal protection under the law. 

    The Education Department said it will still disburse roughly $132 million in grant funding for fiscal year 2025 that Congress has mandated to be spent for MSIs. “The Department continues to consider the underlying legal issues associated with the mandatory funding mechanism in these programs,” the agency added. 

    The Education Department did not answer Higher Ed Dive’s questions Thursday but cited a Wednesday article from online news publication RealClearPolitics. 

    A senior administration official told RealClearPolitics that the changes would not impact historically Black colleges and universities. The federal designation of HBCU does not include any enrollment criteria. Instead, a college must have been established prior to 1964 and have a principal mission that “was, and is, the education of Black Americans,” according to federal statute. 

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  • Brown to Fund Grad Students Who Lost Grants

    Brown to Fund Grad Students Who Lost Grants

    Brown University will give money to some of its graduate students whose federal research grants were cut by the Trump administration, The Brown Daily Herald reported

    “We want to make sure that we’re able to give each of you all of the attention and support that you need to get through comfortably [and] well supported,” Janet Blume, interim dean of the graduate school, said at a Graduate Student Council meeting Wednesday. She said the university will honor the financial commitments of M.F.A. and Ph.D. students who lost their grants. 

    The National Institutes of Health, the National Science Foundation and other federal agencies have terminated thousands of academic researchers’ grants—including many at Brown—that don’t align with the Trump administration’s ideological agenda. 

    Blume said Brown is also reducing its graduate student admissions target this year to allow “time to work out issues of the federal financial landscape and also shifts in the job market.”

    In addition to canceling research grants, numerous federal agencies have put forth plans to cap the amount of money they reimburse universities to cover indirect research costs, which universities say will hurt their budgets and slow innovation. Brown is among the institutions suing the government over its changes to indirect cost reimbursement rates, which are on pause during ongoing litigation. 

    Brown, which had a $46 million deficit before President Trump took office in January, has also faced targeted scrutiny from the Trump administration. The university implemented a hiring freeze in March. In April, the government froze $510 million of Brown’s federal research dollars in retaliation for the university’s alleged failures to address antisemitism on campus.

    In June, administrators warned of the potential for “significant cost-cutting” measures amid the “deep financial losses” resulting from grant cuts, increased endowment taxes and threats to international student enrollment.

    The following month, Brown and the government came to an agreement, and the frozen grant money is coming back to the university. However, the deal did not restore the grants of researchers whose funding was terminated as part of the broader ideologically driven policy changes.

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  • Federal Grants for Area Studies and Foreign Language at Risk

    Federal Grants for Area Studies and Foreign Language at Risk

    For 67 years, the Department of Education has administered grants to universities to create centers devoted to foreign languages and area studies, a field focused on the study of the culture of a particular area or region. Now, those centers are under fire by the Trump administration, which has not released the funding the grantees expected to receive in July.

    The grants support what are known as National Resource Centers, which were originally developed as a national security tool to help the U.S. increase its international expertise in the midst of the Cold War and the aftermath of Soviet Union’s 1957 launch of Sputnik. Since then, their purpose has shifted with the times, now focusing not only on producing scholars but also on community outreach and collaboration with K–12 schools.

    The office responsible for administering the grants—International and Foreign Language Education—was dissolved and its entire staff laid off as part of the March reduction in force at the Department of Education. But it seemed IFLE’s programs, which were authorized under Title VI of the Higher Education Act of 1965, would live on; they were moved under the ED’s Office of Higher Education Programs, according to an internal communication shared with Inside Higher Ed at the time.

    Since then, funding has come through “in fits and starts,” Halina Goldberg, the director of Indiana University’s Robert F. Byrnes Russian and East European Institute (REEI), told Inside Higher Ed in an email, though ultimately, the center received all its promised funds for fiscal year 2024–25. REEI was part of the first cohort of NRCs and has been continuously funded by the program since then.

    But NRC directors, including Goldberg, are concerned the funds for the upcoming year—the final year of the program’s four-year cycle—may not come through, and that the Trump administration may be planning to demolish the program altogether. NRC leaders have received no notice from ED about whether or when the funds are coming, and some say their contacts at the department have expressed uncertainty about the program’s future.

    The funding cuts appear to be caused by the Office of Management and Budget; records show that the agency has not approved appropriations for programs formerly housed in IFLE, including the NRC program, as well as the Foreign Language and Area Studies fellowships, which fund scholarships and stipends for undergraduate and graduate students studying these disciplines. In total, about $85 million was appropriated for IFLE programs for FY 2025–26, including $60 million for NRCs and FLAS.

    “We’re just kind of in this holding pattern to learn whether our funds are going to be released or not. And there is some time pressure, because if that fiscal year 2025 funding is not allocated by Sept. 30, which is when the fiscal year, the government fiscal year ends, then it’s gone and we’re without funding,” said Kasia Szremski, associate director for the Center for Latin American and Caribbean Studies at the University of Illinois at Urbana-Champaign.

    A Discipline in Crisis

    NRC grant recipients worry about what the funding freeze and potential elimination of the program will mean for the disciplines of foreign language and area studies, which have already taken a beating in recent years; many colleges have eliminated such programs as cost-saving measures— including West Virginia University, which gutted nearly all of its language programs in 2023. More recently, the University of Chicago has paused admissions to all its humanities Ph.D. programs, including a slew of language programs, for the coming academic year.

    Emanuel Rota, a professor in the Department of French and Italian at Urbana-Champaign who leads the university’s European Union Center, said he was already worried about the future of area studies and foreign language education, but “now I’m terribly scared.”

    “I think this seems to be, at this point, slightly part of a trend to provincialize the United States in a way that is troubling for the future of this generation of students, who are, at this point, used to learning from other experiences around the world; knowing about ways of teaching, other ways of learning; establishing collaborations early on; and being able to be multicultural and multilinguistic like their peers around the world,” he said. “And all of a sudden they are told, ‘You only speak one language, you only know one culture and you only know your local environment, and you have to live with that.’”

    It also comes amid efforts to quash other forms of cultural education and intercultural exchange. OMB also recently cut funding from a number of State Department exchange programs, according to Mark Overmann, executive director of the Alliance for International Exchange, which represents organizations that administer such programs.

    Larger entities like the Fulbright program are being spared, he said, but the cuts include critical programming aiming at increasing STEM education access for girls around the world, fostering intercultural exchange with students in the Middle East, bolstering the study of foreign affairs in the U.S. and more.

    International students and immigration broadly are also being targeted by the Trump administration, which has recently revoked thousands of student visas and increased barriers for overseas students studying in the U.S.

    “I think international exchange programs, mobility, the presence of international students on our campuses have long been something that is supported in a bipartisan way, and that has been played out for decades in tangible ways,” Overmann said. “One would be increases in funding in both Democrat and Republican administrations, as well as Congresses. This is something we have seen transcend party lines and those across the political spectrum see that the mobility of our students, of our young professionals—both Americans going abroad and international students and professionals coming here—is something that supports our national security, our diplomatic interests, our influence around the world and our economy, down to very local levels.”

    This isn’t the first time Trump has targeted NRCs. In 2018, during his first administration, ED criticized a Middle Eastern studies consortium at Duke University and the University of North Carolina for delivering programs it alleged had “little or no relevance to Title VI.” The programs under scrutiny included a conference about “Love and Desire in Modern Iran” and another focused on film criticism in the Middle East.

    “It was probably a harbinger of what’s happening now,” said Brian Cwiek, a former IFLE program officer who lost his job when the office was dissolved. “I think that’s really where a lot of the same folks became intent on shutting down this same program.”

    Area studies funding is also singled out in Project 2025, an agenda developed by the conservative think tank the Heritage Foundation that the Trump administration is following closely.

    “Congress should wind down so-called ‘area studies’ programs at universities (Title VI of the HEA), which, although intended to serve American interests, sometimes fund programs that run counter to those interests,” Project 2025 reads. “In the meantime, the next Administration should promulgate a new regulation to require the Secretary of Education to allocate at least 40 percent of funding to international business programs that teach about free markets and economics and require institutions, faculty, and fellowship recipients to certify that they intend to further the stated statutory goals of serving American interests.”

    Outreach at Risk

    Although funding may still come through before the September cutoff date, some centers are already feeling the pressure.

    At the Mario Einaudi Center for International Studies at Cornell University, which is home to two National Resource Centers, Kathi Colen Peck was responsible for administering an NRC-funded program focused on providing faculty development to professors at community colleges in upstate New York. Although the center has funding sources outside of ED, the community college program was almost entirely funded by an NRC grant.

    The program involved bringing international speakers—a dance instructor from Benin, for example—to give workshops in community college classrooms, as well as administering a fellowship for community college professors to create curricular projects.

    Once it became clear this year’s funding wasn’t going to become available when expected, Peck was laid off and the partnerships with community colleges for the upcoming academic year had to be discontinued.

    “The intention of [the outreach program] is really to sort of bridge resources and help the community college faculty have connections to the area studies expertise at, for example, Cornell. They’re able to leverage resources at Cornell where they wouldn’t necessarily have access to that in any other circumstances,” she said. “It’s really about trying to help the community college faculty internationalize their curricula.”

    At other campuses, cultural events and educational programs that NRC leaders say are immensely valuable to their communities could be on the chopping block. Hilary V. Finchum-Sung, the executive director of the Association for Asian Studies, said that the University of Michigan’s Korean Studies center, for example, hosts a free Korean film series at an off-campus theater that is open to members of the public. It’s an opportunity for members of the Ann Arbor community to see a film they likely never would otherwise—and to glean something new about a culture that they might be unfamiliar with.

    On the flip side, NRC programs can sometimes give immigrants a rare chance to connect with their culture on American soil. Szremski, of UIUC’s Center for Latin American and Caribbean Studies, said the center has partnered with local libraries to hold a Latin American Story Time Program for about 15 years. At these events, they read children’s stories in English and Spanish, but also in other Latin American languages including Portuguese, Guaraní, Q’anjob’al, and Quechua.

    “This is particularly important in Champaign and Urbana, because even though we’re in central Illinois, we have a very large and very vibrant Latino community, many of whom are native speakers of Indigenous languages,” she said.

    Once, after a Latin American Story Time event, a library worker once told her, an older woman “came up to her in tears because she was a native Guaraní speaker and had never thought [she would] hear her native language again, really, now that she was living in the United States.”

    Cwiek noted that some faculty positions may also be at risk without NRC funding; though the grants usually cover only a small portion of a professor’s salary, that portion may be the difference that allows a college to offer certain world languages.

    Scholarship Uncertainty

    Students are also in imminent danger of losing scholarships due to the funding pause. Graduate students relying on Foreign Language and Area Studies Fellowships to fund their education in the new academic year still don’t know whether they will receive that money. Szremski said on Friday that one incoming fellow recently made the choice to withdraw from UIUC and instead study in Colombia for the upcoming academic year due to funding fears. With UIUC’s academic year beginning this week, others were forced to make the decision about whether to come to campus without knowing if they would receive the scholarships they’d been promised. Across the university’s NRCs, 53 students are awaiting FLAS funds.

    Other universities are in a similar position. At Cornell, 18 students will be impacted if the money doesn’t come through, according to Ellen Lust, the director of the Einaudi Center for International Studies and a government professor.

    These fellowships provide the cultural awareness, understanding and skills that the U.S. “has relied on to be a world leader. Students who benefited from NRC support have gone on to join the US Foreign Service, engage in international business, and educate new generations of global citizens. They have conducted international collaborations and research that that ultimately benefit Americans,” she wrote in an email to Inside Higher Ed.

    While the stipends allocated to undergraduate students are not as sizable as those for graduate students, Szremski said those recipients have told her they may have to take out private loans or start part-time jobs to fill the gap created by the missing FLAS money.

    The future of these grants remains unclear. The Senate’s appropriations bill maintains funding for IFLE programs, so even if the funding doesn’t come through this year, the program may be able to resume the following year.

    But if the NRC and FLAS programs are shuttered permanently, the effects will “be felt for generations to come,” wrote Lust.

    “Our current and future students are the foreign service officers, intelligence analysts and CEOs of the future,” she wrote. “Within a generation, US citizens will be ill-equipped to live, work and lead in a global world. They will be outmatched by those from other countries, who speak multiple languages, understand diverse cultures and have built relationships across borders. Ultimately, these policies weaken the US’ global position and will make America less secure and prosperous.”

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  • ‘Wrong and deeply disappointing’: Supreme Court halts order restoring NIH grants

    ‘Wrong and deeply disappointing’: Supreme Court halts order restoring NIH grants

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    Dive Brief:

    • The U.S. Supreme Court on Thursday dealt a blow to universities and other research institutions seeking to restore grants cut in mass by the National Institutes of Health.
    • Researchers, unions and associations sued NIH this spring after the agency abruptly terminated millions of dollars in grants for projects that dealt with diversity, equity and inclusion.
    • In a 5-4 decision, conservative justices on the Supreme Court paused a June order that would have restored $783 million in funding, ruling that the district court lacked jurisdiction to handle the grant restoration. However, the court declined to block the lower court’s order that deemed NIH’s guidance that led to the cuts illegal.

    Dive Insight:

    With the Supreme Court decision, those who have seen grant funding cut by NIH could face a longer, more complicated path through another federal court to have their awards restored.

    In their April complaint, plaintiffs accused NIH of “launching a reckless and illegal purge to stamp out NIH-funded research that addresses topics and populations that they disfavor.”

    They tallied 678 terminated projects resulting in $1.3 billion already spent by the government on projects “stopped midstream” being wasted, and another $1.1 billion that had yet to be spent.

    When U.S. District Judge William Young ruled against NIH in June, he blasted the agency for what he saw as discrimination, both racial and against LGBTQ+ communities, in its purge of research funding. 

    “Have we no shame,” said Young, a Reagan appointee, according to a report from The Associated Press

    Earlier this month, the watchdog agency U.S. Government Accountability Office also determined that NIH acted illegally in its DEI cuts. 

    The Supreme Court did not block Young’s ruling that NIH’s guidance that led to the agency cutting DEI research funding was illegal. That ruling is still being litigated in appellate court.

    Instead, the ruling majority determined that the U.S. Court of Federal Claims — which hears monetary claims against the federal government — is the venue for handling terminated grants. 

    Massachusetts Attorney General Andrea Campbell, who has been active in fighting the Trump administration’s various moves to cut federal research funding, blasted the Supreme Court’s ruling on Friday. 

    The Supreme Court’s decision is wrong and deeply disappointing,” Campbell said in a statement. “Even though the Court did not dispute that the Trump Administration’s decision to cut critical medical and public health research is illegal, they ordered the recipients of that fundinghospitals, researchers, and the stateto jump through more hoops to get it back.”

    The Supreme Court’s split decision brought internal dissent as well. In a minority opinion, Chief Justice John Roberts, who joined the court’s liberal justices, wrote that “if the District Court had jurisdiction to vacate the directives, it also had jurisdiction to vacate the ‘Resulting Grant Terminations.’”

    In a separate dissent, Justice Ketanji Brown Jackson rebuked the majority’s opinion. 

    By today’s order, an evenly divided Court neuters judicial review of grant terminations by sending plaintiffs on a likely futile, multivenue quest for complete relief,” she wrote, adding that the court “lobs this grenade” without considering Congress’ intent or the “profound” consequences of the ruling. 

    “Stated simply: With potentially life-saving scientific advancements on the line, the Court turns a nearly century-old statute aimed at remedying unreasoned agency decisionmaking into a gauntlet rather than a refuge,” Jackson said in the dissent.

    Clarification: This article has been updated to clarify the nature of the Supreme Court decision.

     

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  • SCOTUS Says NIH Doesn’t Have to Restore Canceled Grants

    SCOTUS Says NIH Doesn’t Have to Restore Canceled Grants

    iStock Editorial/Getty Images Plus

    The United States Supreme Court is allowing the National Institutes of Health to cut nearly $800 million in grants, though it left the door open for the researchers to seek relief elsewhere.

    In a 5-to-4 decision issued Thursday, the court paused a Massachusetts district court judge’s June decision to reinstate grants that were terminated because they didn’t align with the NIH’s new ideological priorities. Most of the canceled grants mentioned diversity, equity and inclusion goals; gender identity; COVID; and other topics the Trump administration has banned funding for. The district judge, in ruling against the administration, said he’d “never seen racial discrimination by the government like this.”

    Justice Amy Coney Barrett wrote that the district court “likely lacked jurisdiction to hear challenges to the grant terminations, which belong in the Court of Federal Claims,” with which Justices Clarence Thomas, Samuel Alito Jr., Neil Gorsuch and Brett Kavanaugh agreed.

    “The reason is straightforward,” Kavanaugh wrote. “The core of plaintiffs’ suit alleges that the government unlawfully terminated their grants. That is a breach of contract claim. And under the Tucker Act, such claims must be brought in the Court of Federal Claims, not federal district court.”

    The court’s emergency order came after more than a dozen Democratic attorneys general and groups representing university researchers challenged the terminations in federal court.

    “We are very disappointed by the Supreme Court’s ruling that our challenge to the sweeping termination of hundreds of critical biomedical research grants likely belongs in the Court of Federal Claims,” the American Civil Liberties Union, which is part of the legal team that is suing the NIH over the grant terminations, wrote in a statement Thursday evening. “This decision is a significant setback for public health. We are assessing our options but will work diligently to ensure that these unlawfully terminated grants continue to be restored.”

    Earlier this month, higher education associations and others urged the court to uphold the district court’s order, arguing that the terminations have “squandered” government resources and halted potentially lifesaving research.

    “The magnitude of NIH’s recent actions is unprecedented, and the agency’s abrupt shift from its longstanding commitments to scientific advancement has thrown the research community into disarray,” the groups wrote in an Aug. 1 brief. “This seismic shock to the NIH research landscape has had immediate and devastating effects, and granting a stay here will ensure that the reverberations will be felt for years to come.”

    Chief Justice John Roberts, who often sides with the conservative justices, joined liberal justices Ketanji Brown Jackson, Sonia Sotomayor and Elena Kagan in a dissent.

    “By today’s order, an evenly divided Court neuters judicial review of grant terminations by sending plaintiffs on a likely futile, multivenue quest for complete relief,” Jackson wrote. “Neither party to the case suggested this convoluted procedural outcome, and no prior court has held that the law requires it.”

    However, Barrett joined Roberts, Jackson, Sotomayor and Kagan in agreeing that the district court can review NIH’s reasoning for the terminations, and the justices kept in place a court order blocking the guidance that led to cancellations.

    “It is important to note that the Supreme Court declined to stay the District Court’s conclusion that the NIH’s directives were unreasonable and unlawful,” the ACLU said in a statement. “This means that NIH cannot terminate any research studies based on these unlawful directives.”

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  • Federal Judge Orders NSF to Reinstate Suspended UCLA Grants

    Federal Judge Orders NSF to Reinstate Suspended UCLA Grants

    Photo illustration by Justin Morrison/Inside Higher Ed | Genaro Molina/Los Angeles Times/Getty Images | US District Court for the Northern District of California

    The National Science Foundation restored grants it recently suspended for researchers at the University of California, Los Angeles, following a court order late Tuesday, a spokesperson for the agency said.

    The NSF and UCLA didn’t tell Inside Higher Ed how much funding had been restored, but the Los Angeles Times reported it’s roughly $81 million.

    It’s a blow to the Trump administration, which had multiple agencies cut off more than $500 million in research funds to UCLA earlier this month and, according to the UC system, demanded a $1 billion settlement payment.

    UCLA is the latest target of the Trump administration’s use of mass federal research grant suspensions to pressure prominent universities to change policies and pay restitution, ranging from tens of millions of dollars for Brown University to the billion-dollar demand of UCLA. Federal agencies justify cutting off grants by accusing targeted institutions of failing to address pro-Palestine protesters’ alleged antisemitism, and accusing universities of other transgressions, such as letting transgender women compete in women’s sports or promoting racial preferences.

    But this is the first known court order blocking one of those blanket funding freezes. Harvard University also challenged the administration’s decision to suspend more than $2.7 billion in funds, but a judge has a yet to rule in that case.

    UCLA didn’t sue, though.

    Instead, the ruling came from a lawsuit that UC researchers filed in early June against President Trump, the NSF and other federal agencies and officials that challenged previous NSF grant terminations.

    On June 23, U.S. District Court judge Rita F. Lin, of the Northern District of California, issued a preliminary injunction restoring grants that the administration terminated en masse via form letters that didn’t provide grant-specific explanations for the terminations. When the NSF recently cut off grants again, specifically to UCLA, the researchers’ attorneys alleged the agency violated the preliminary injunction.

    Lin agreed, writing in an opinion Tuesday that the new “suspensions have the same effect, and are based on the same type of deficient explanations, as the original terminations.”

    The NSF wrote in a July 30 letter justifying the new suspensions that “NSF understands that [UCLA] continues to engage in race discrimination including in its admissions process, and in other areas of student life, as well as failing to promote a research environment free of antisemitism and bias.” Two days later, the NSF sent a second letter, alleging that UCLA furthermore “engages in racism” and “endangers women by allowing men in women’s sports and private women-only spaces.”

    According to Lin, the NSF argued that its recent funding cuts “are not within the scope of the preliminary injunction because it suspended, rather than terminated, the grants.” She said the agency argued that suspensions, unlike terminations, “can be lifted once the grantee takes certain corrective actions.”

    However, Lin said the NSF had labeled these “suspensions” as “final agency decision[s] not subject to appeal.”

    “There is no listed end date for the suspensions, nor is there any path for researchers to restore funding for their project. If any curative action is actually feasible, it would need to be undertaken by UCLA,” the judge wrote. “In other words, researchers have no guarantee that funding will ever be restored and no way to take action to increase the likelihood of restoration.”

    She added that “NSF claims that it could simply turn around the day after the preliminary injunction issued, and halt funding on every grant that had been ordered reinstated, so long as that action was labeled as a ‘suspension’ rather than a ‘termination.’ This is not a reasonable interpretation of the scope of the preliminary injunction.”

    Researchers told the court that as a result of the latest suspensions, “projects are already losing talented graduate students, staff will soon be laid off, and years of federally funded work will go to waste,” Lin wrote. Researchers also said the defunded projects include “multi-year research into global heat extremes, a project to address environmental challenges in the Southwestern United States, and another to enhance veteran participation and leadership in STEM fields,” the judge added.

    A UC system spokesperson said in an email Wednesday that, “while we have not had an opportunity to review the court’s order and were not party to the suit, restoration of National Science Foundation funds is critical to research the University of California performs on behalf of California and the nation.”

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  • Trump issues directives on college admissions data and research grants

    Trump issues directives on college admissions data and research grants

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    President Donald Trump issued two sweeping directives Thursdayone that orders colleges to hand over additional data about their applicants and another mandating that political appointees approve federal grant funding

    Colleges will now be required to report additional admissions data to the National Center for Education Statistics, including data on the race and sex of their applicants, their admitted students and those who chose to enroll, per a memo from Trump to the U.S. Department of Education. Previously, institutions were only required to provide racial data for enrolled students. 

    Institutions must provide the data for undergraduate students and for certain graduate and professional programs, the Education Department said. 

    Separately, Trump signed an executive order directing his political appointees to review both grant awards and funding opportunity announcements. These appointees, along with subject matter experts, will evaluate grant decisions to align with the Trump administration’s policy priorities, according to a White House fact sheet.   

    Together, the two orders take aim at areas the Trump administration is attempting to tightly control — who colleges and universities enroll, and which research projects get federal funding. 

    In an announcement Thursday, the Education Department said the additional admissions data is needed “to ensure race-based preferences are not used in university admissions processes.” 

    Along with data on applicants’ race and gender, colleges must also include the prospective students’ standardized test scores, GPAs and other academic qualifications. This data will also be collected about admitted and enrolled students. 

    At the same time, U.S. Education Secretary Linda McMahon is ordering the National Center for Education Statistics to develop a process to audit the data to ensure its accuracy. 

    “We will not allow institutions to blight the dreams of students by presuming that their skin color matters more than their hard work and accomplishments,” McMahon said. “The Trump Administration will ensure that meritocracy and excellence once again characterize American higher education.”

    The order comes two years after the U.S. Supreme Court struck down race-conscious college admissions in a landmark case involving Harvard University and the University of North Carolina at Chapel Hill. Since then, colleges have overhauled their admissions practices, and many selective institutions enrolled lower shares of Black and Hispanic students in the aftermath, according to an analysis from The New York Times

    A new landscape for grants

    Trump’s executive order on grant funding castigated much of the current research landscape, decrying awards that went to projects such as developing transgender sexual education programs and training graduate students in critical race theory. 

    The directive accused other grants of promoting “Marxism, class warfare propaganda, and other anti-American ideologies in the classroom, masked as rigorous and thoughtful investigation.”

    Researchers and other groups have sued over past Trump administration attempts to control grant funding, including the cancellation of vast swaths of National Institutes of Health awards to comply with the president’s orders against diversity, equity and inclusion. A federal judge has ruled against the NIH’s grant cancellations, and the U.S. Government Accountability Office has likewise determined they were illegal

    Still, Thursday’s order directs agency heads to revise the terms of existing discretionary grants, “to the maximum extent permitted by law,” to allow them to be immediately terminated, including if an award “no longer advances agency priorities or the national interest.” 

    When assessing grant applications, senior appointees should weigh if they advance Trump’s policy priorities, according to the directive. 

    The order says grants should not be used to deny that sex is binary — a view at odds with scientific understanding — or promote “anti-American values.” They also should not be used to promote racial discrimination by awardees, including by using race or proxies to select employees or program participants, the order stated. 

    In addition, the order says preference for discretionary grants should be given to institutions “with lower indirect cost rates” — all things being equal. 

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