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  • Legal defense fund will seek to fill gap left by OCR reduction

    Legal defense fund will seek to fill gap left by OCR reduction

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    Education attorneys are set to launch a new organization by fall 2025 that would defend students’ civil rights in court and also track and report civil rights data. The effort, according to its founding nonprofit, aims to fill the gap left by the Trump administration’s dismantling of the U.S. Department of Education and its civil rights enforcement arm. 

    The Public Education Defense Fund will be launched by the National Center for Youth Law, which advocates for educational equity among other youth-related issues. It will contract with former Office for Civil Rights attorneys. 

    “At a time when civil rights protections for students are under unprecedented attack, preserving those rights is not negotiable — it’s vital,” said Johnathan Smith, chief of staff and general counsel at NCYL. “We can’t stand by while the federal government abandons its responsibility to uphold the basic rights of children and young people in this country.”

    As part of the administration’s efforts to “end bureaucratic bloat” and send educational control to the states, U.S. Secretary of Education Linda McMahon laid off half of the Education Department’s staff as part of what she called the agency’s “final mission.” The move was followed by an executive order from President Donald Trump calling for the department to be shut down to “the maximum extent appropriate and permitted by law.”

    The Education Department’s Office for Civil Rights took a major blow, with the department shuttering seven of the 12 regional offices that were in charge of more than half of the nation’s open civil rights cases. Over 200 OCR employees were laid off as part of the reduction in force.

    Under the Biden administration, those employees carried a load of more than 40 cases per person. Attorneys fired as part of the reduction in force were in charge of investigating civil rights complaints related to discrimination and harassment in schools, as well as overseeing resolution agreements with school districts. These agreements guide the school systems involved in making policy changes to improve educational access, especially for historically marginalized students.

    Prior to the announcement of the Public Education Defense Fund, NCYL filed a lawsuit against the Education Department in March to challenge the changes at the OCR. The lawsuit said the civil rights enforcement arm “stopped investigating complaints from the public based on race or sex discrimination, it cherry-picked and, on its own initiative, began targeted investigations into purported discrimination against white and cisgender students.”

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  • Redistribution doesn’t work when there’s nothing left to redistribute

    Redistribution doesn’t work when there’s nothing left to redistribute

    Too many people across our country do not get the chance to succeed.

    So the government is committed to supporting the aspiration of every person who meets the requirements and wants to go to university or pursue an apprenticeship, regardless of their background, where they live and their personal circumstances.

    Those aren’t my words – they’re the words of the House of Commons’ HE supply teacher Janet Daby, who answers for actual (Lords) minister Jacqui Smith whenever a question comes up about universities or students.

    This answer is a typical one – in which she notes that in the summer, the department (for education) will set out its plan for HE reform and that it will expect providers to play an “even stronger” role in improving access and outcomes for all disadvantaged students.

    Specifically on financial support:

    Whilst many HE providers have demonstrated positive examples of widening access, including targeted outreach and bursaries, we want to see the sector go further.

    Back in 2014, partly to get “top-up fees” through Parliament, then secretary of state Charles Clarke announced that a new Office for Fair Access (OFFA) would be created – and that it would require universities to offer up some of their additional fee income in bursaries.

    Assuming that a proportion of student financial support should come partly via universities’ own budgets has always created a tension – between those who say that local decision making (aka institutional autonomy) is better at designing schemes that get the money to where it’s really needed, and those that argue that redistributing fee income within a provider rather than across the country means that financial support ends up being based not on need, but on the number of other students at your university that need it.

    We used to be able to see that clearly. OfFA used to track how many “OfFA countable” students each provider had and their spending on financial support, and it would generally show that providers doing the most for access tended to have the least to spend per student.

    Over time, direct student financial support declined in popularity. Research questioned bursaries’ impact on applications (unsurprising given how hard it was to find information on them), and it tended to struggle to find retention benefits from 2006-2011 – findings that then got extrapolated far beyond their timeframe.

    Pressure to demonstrate impact led providers to focus on entry and completion metrics rather than the experience students were having as a result. That seemed less critical in the mid-2010s when inflation was low and maintenance loans were cranked up to hide the fact that grants were eliminated. Students living at home (more likely from widening participation backgrounds) also got relatively generous maintenance support compared to their costs.

    Eventually, provider-level reporting on student financial support pretty much disappeared as the Office for Students started to emphasise outcomes over experience or spending transparency.

    But with maintenance support over the past few years some distance from inflation, and the income thresholds over which parents are expected to top up stuck at the level they were set at in the year that Madeleine McCann went missing (18 whole years ago), we really do need some sense of how the mix is panning out.

    So to help us to understand what’s been going on, for the fourth year running we’ve managed to extract some data out of OfS via an FOI request.

    The data

    Ever since the days of the Office for Fair Access (OFFA), HESA has collected data on the amounts of student financial support, and the number of students that helps, for each university in England – and here we have that data over the past few years.

    It covers four different types of spend on student financial support:

    • Cash: This covers any bursary/scholarship/award that is paid to students, where there is no restriction on the use of the award
    • Near cash: This includes any voucher schemes or prepaid cards awarded to students where there are defined outlets or services for which the voucher/card can be used
    • Accommodation discounts: This includes discounted accommodation in university halls / residences
    • Other: This includes all in-kind or cash support that is not included in the above categories and includes, but is not limited to, travel costs, laboratory costs, printer credits, equipment paid for, subsidised field trips and subsidised meal costs

    Some caveats: We remain less than 100 per cent convinced about the data quality, this doesn’t tell us how much money is going to disadvantaged students specifically, it doesn’t tell us about need (and the extent to which need is being met), I’ve yanked out most of what we used to call alternative providers for comparison purposes, and it only covers home domiciled undergraduates (and below, in terms of level of study).

    But it is, nevertheless, fascinating. Here’s the numbers for each provider in England:

    [Full Screen]

    If we nationally just look at cash help, in 2023/24 just over £496m went to just under 311k students – a spend per head of £1,598 – very slightly above last year’s £1,464 per head.

    But dive a little deeper and you find astonishing disparities. In the Russell Group the £ per head was £2,362 – about £40 up on the previous year. Across Million+ providers that figure was £726 – just £4 more than 2 years ago.

    Interestingly, per student helped, the Russell Group spent the same in cash help per student as it did in 2019. Maybe inflation doesn’t apply in elite universities, or maybe they’re getting worse at recruiting those on low incomes. Meanwhile the cash spend per student helped across Million+ universities has almost halved from £1,309 in 2019/20.

    Clearly all universities are under financial pressure – but what we see is almost certainly an artefact of redistributing fee income around a provider rather than around a country, and it appears to result in manifest unfairness.

    Even if we don’t adjust for inflation, spend per student helped has fallen for 45 universities between 2022/23 and 2023/24, and since 2019, it’s fallen for 56 universities. If we do apply inflation (CPI), only five are beating their 2019 SPH. No wonder students are struggling to come to campus.

    Some may say that it might be better just to look at what’s been going on under the auspices of formal, declarable access and participation work. HESA finance data now includes a look at expenditure – but not the number of students that expenditure covers, nor the total amounts invested pre-pandemic, and nor the amounts allocated in premium funding, all of which would aid meaningful comparison.

    Moving money around

    I tend, in general, to be a fan of redistribution and cross-subsidy. It can help reduce economic inequality, promote social stability, and ensure that everyone has access to basic necessities. It reflects a commitment to fairness and the idea that a society should care for all its members.

    As such, the logical bit of my brian never had much of a problem with the Charles Clarke/OFFA expectation – it was at least aimed at ensuring that everyone got to have a decent experience at university.

    But the redistributive effects of moving money around a provider when some providers (which already tend to be the richest) have fewer poor kids to spend it on never really added up.

    If you really wanted the system to be fairer, and for the most money to reach those who need it most, you might start by acting regionally. I doubt that John Blake’s regional partnership structures – which will involve cohort-level renewal for Access and Participation Plans will actually go as far as expecting providers in a region to pool their bursary or hardship spend – but there’s a very good logical case for that kind of approach.

    When students at Salford are getting £358 each in cash help while their neighbours at the University of Manchester are getting £1,829, there’s a very strong case for pooling the money.

    But even if that was to happen, beware the regional agglomeration effects. The region with the lowest higher education participation rate in the UK is the North East of England, at 33.4 per cent. London, with its 63 per cent rate, ought to be giving some of its spend on student financial support away to support participation up North.

    And once you’re there, you (re)realise what many said at the time of the Clarke announcement – that moving money around a university when participation in universities is so unequal to start with is no way to run a fair system.

    And even more importantly, it’s not fair on fee-paying students. When the assumption was that fees were a small part of the overall funding mix, we could say to students that the state’s contribution would be focussed more on those in need.

    Even with fees at £9,000, the redistributive effects of some paying much more than that through interest of RPI+3% and some much less via the repayment threshold and the cut-off – all while funding a moderately comfortable financial support system for all – was some sort of egalitarianism in action.

    But once the subsidy slips away, and students are expected to pay back almost all of the debt they incur, we end up expecting their personal debt to do what the state ought to do. And while it’s one thing for your fees to be spent subsidising other students at your own university, it would be quite another for them to be spent subsidising those at others in your region, or even around the UK.

    Then add in the fact that in UUK’s cuts survey, just under half of universities (49 per cent) say they may still need to cut hardship funding and 59 per cent say they may need to cut bursaries. Even if some sort of tougher APP regime was to find a way to stop that, that just means that wider cuts will fall on everyone – and so for some students, less and less of their actual contribution will end up being spent on their actual education.

    It turns out that the progressive taxation – ensuring that those with higher incomes contribute a larger share of their earnings to public services – is the much better way to promote economic fairness and reduce income inequality. Who knew?

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  • Digital Darwinism in Higher Ed: Adapt Your Marketing for AI — or Get Left Behind [Webinar]

    Digital Darwinism in Higher Ed: Adapt Your Marketing for AI — or Get Left Behind [Webinar]

    Your students are already running to AI for answers. The only question is — what’s it saying about your institution? More importantly, are you in the conversation or being left out? If you’re not actively shaping how your school shows up in AI-driven search and decision-making platforms, you’re not just invisible — you’re irrelevant.  

    Digital Darwinism in Higher Ed:
    Adapt Your Marketing for AI — or Get Left Behind
    Date
    : May 29, 2025
    Time: 2:00 p.m. ET / 1:00 p.m. CT

    In this webinar, Collegis Education’s Ashley Nicklay, Sr. Director of Marketing, and Jessica Summers, Director of Web Strategy, will unpack what “AI-ready” really means for higher ed marketing and enrollment leaders. We’ll explore how generative AI influences the student journey from search to selection, why most websites and content strategies are falling short, and what forward-thinking institutions are doing to lead the algorithm, rather than get buried by it. 

    This isn’t just about better SEO or smarter ads. It’s about understanding how AI evaluates your institution — and making sure you’re feeding it the right data, signals, and story to stay in the game.  

    What You’ll Learn 

    • How AI impacts the early stages of the enrollment journey: Understand how tools like ChatGPT and Google’s AI Overviews influence what students see when exploring colleges.  
    • Why AI prompt bias is real — and how to beat it: Learn how content, structured data and reputation shape AI responses. 
    • What AI actually sees when it looks at your website (and what it may miss): Explore how site structure, clarity and technical markup shape what AI-based tools can find and summarize – and what they may overlook.  
    • What it really means to have an AI-optimized website: We’ll show you our checklist of what your .edu needs to show up in AI-generated answers.  
    • How to future-proof your marketing model in an AI-driven search landscape: Assess your current channels and content strategy for resilience as search becomes more conversational and less click-based.  

    Future-Ready Starts Here: Secure Your Spot 

    The institutions that will thrive tomorrow are learning how to market to machines today. Reserve your seat and find out what it takes to survive the AI era of higher ed marketing. 

    Complete the form on the right to reserve your spot.

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  • Pell Grant Dollars Are Left Unclaimed: What That Means for Students and States

    Pell Grant Dollars Are Left Unclaimed: What That Means for Students and States

    Title: Pell Dollars Left on the Table

    Authors: Louisa Woodhouse and Bill DeBaun

    Source: National College Attainment Network

    Pell Grants have long supported low-income students as they pursue higher education, increasing the financial capabilities and academic opportunities afforded to students. However, receiving federal financial aid through Pell Grants is dependent on filing the Free Application for Federal Student Aid (FAFSA), which can serve as a barrier to students.

    The National College Attainment Network (NCAN) has published a report on the unclaimed Pell Grants left on the table by high school graduates. Approximately 830,000 Pell Grant-eligible students did not complete FAFSA in the 2024 cycle, resulting in nearly $4.4 billion in unclaimed Pell Grant awards. These unclaimed funds are valuable to both students and states, with the ability to further the educational pursuits of low-income students and strengthen state economies.

    NCAN has run reports detailing the value of unclaimed Pell Grants over the past four years. Typically, nearly 60 percent of high school graduates complete the FAFSA by June 30, with completion rates trailing off markedly as students begin their summer.

    However, due to the technical challenges and delayed launch of FAFSA that occurred in the 2024 cycle, by the end of June, only 50 percent of high school graduates had completed the form. By August 30, 57 percent of students had filed the FAFSA, decreasing the amount of financial aid left on the table. The implications are clear: hindrance to the financial aid application process, whether that be through technical difficulties, decreased assistance, or short staffing, can result in many students losing access to Pell Grant funds.

    The impact of lower FAFSA completion rates, and therefore more unclaimed Pell Grants, is not felt exclusively by students but by states as well. In 2024, students in California and Texas each left nearly $550 million in Pell Grant awards unclaimed. While these states lose the most when FAFSA completion rates are low, they also stand to gain the most if completion rates increase.

    Analysis from NCAN finds that if FAFSA completion rates had increased by an additional 10 percentage points this year, California would have seen a $145 million increase in Pell Grant awards while Texas would have received an additional $130 million. The additional federal aid could translate into more students attending postsecondary institutions, filling workforce gaps and strengthening the states’ economies.

    In establishing the significance of increasing FAFSA filing rates for low-income students, NCAN offers commentary on how states can better support students, especially in the wake of potential policy changes directed at higher education. States can fund FAFSA completion efforts, providing additional in-school and online resources for students to access when filing. Additionally, FAFSA data sharing among states may enable high school counselors and local college access partners to better target students that could benefit from additional assistance.

    To read more about unclaimed Pell Grants and the role states can play on bolstering FAFSA completion rates, click here.

    —Julia Napier


    If you have any questions or comments about this blog post, please contact us.

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  • Balls to left, Willetts to the right, creates an industrial strategy with a gaping hole for universities

    Balls to left, Willetts to the right, creates an industrial strategy with a gaping hole for universities

    Denizens of public service reform former Shadow Chancellor, Ed Balls, and former Universities Minister, David Willetts, have reignited the debates of 00s with new arguments on when government should intervene in the economy.

    In two recent papers, one authored by Willetts alone, and one by Dan Turner, Huw Spencer, Julia Pamilih, Vidit Doshi, and Ed Balls, two different versions of industrial strategies emerge. For Willetts, taking on the industrial strategy directly, there is a world of gently incentivising universities to align their fundamentals with an industrial strategy which picks some good areas to invest in if not winners . For Balls, addressing the industrial strategy via Bidenomics, there is a bazooka of more funding, support, and investment, to break the economy from its malaise, with far more far-reaching consequences for universities.

    Survivor

    Balls and Willetts are interesting messengers for new industrial policy. Back in 2014 Balls delivered a speech to London Business School entitled Beyond the Third Way. In it he argued that

    After the debacle of British Leyland in the 1970s, ‘industrial policy’ have been dirty words in Britain. Some remain cautious about the politics of ‘picking winners’ – but that misses the lesson of the 1970s. Back then, it was the industrial losers who did the picking and good money was poured after bad.

    His argument, albeit oddly worded, was that industrial strategies had focussed on the industries that were already in terminal decline. For him, industrial strategies had not been maps to the future but buckets to bailout the important but failing industries of the past.

    Willetts was even more pugnacious still. Back in 2013 he was not willing to cede that the government should back winners, that would be too much like the economic blunders of the 1980s, but that

    Focusing on R&D and on particular technologies is not the same as picking winners, which notoriously became losers picking the pockets of tax payers. It is not backing particular businesses. Instead we are focusing on big general purpose technologies. Each one has implications potentially so significant that they stretch way beyond any one particular industrial sector. Information Technology has transformed retailing for example. Satellite services could deliver precision agriculture.

    At the time, Balls gave barely a mention to universities beyond noting that the UK’s educated workforce struggled to find jobs to meet their qualifications. Willetts, in a style familiar to anyone following industrial policy, mentioned universities mostly (albeit not exclusively) as tools to promote wider policy objectives not instruments in their own right.

    Fast forward a decade or so and a lot has changed.

    Frosted tips

    In his latest piece for the Resolution Foundation, How to do industrial strategy, Willetts has a clear view of what an industrial strategy is. It’s not about picking winners but about picking some obvious areas of strength for investment while freeing up some capacity to allow industries to strike their own sector deals. The strategy should not necessarily be about new money but about marshalling resources around industries for example opening up supply chains, easing procurement routes, and management training.

    It is in Willetts’ views of the relationships between industrial strategy and higher education where things get really interesting. He is cognisant of the sometime disconnect between university education and skills needs and writes that

    The University of Sunderland runs automotive engineering course directly serving the automotive facilities nearby. Some universities include in their degree programmes elements specifically designed with local business requirements in mind. The Government’s new entity, Skills England, should help promote these.

    The Vice Chancellor of the University of Sunderland is now of course the Vice Chair of Skills England. However, it is interesting that for all of the fanfare of skills England the level of intervention he proposes is to promote these industrial links. He does not advocate for greater interventions by government nor employers. He promotes the idea of kitemarks for programmes aligned to industrial priorities, more funding competitions for business schools, and Centres for Doctoral Training co-funded with business.

    It is not surprising that the man who invented much of the current higher education architecture does not call for its complete reform but his proposals seem modest given the ongoing economic collapse the country is enduring.

    However, Willetts is perturbed by absence of universities from the industrial strategy green paper which he describes as “very odd”. His advice here is to encourage greater incubation of university start-ups, remove the numbers of spin-outs as a measure of success to discourage their premature release, and get universities to reduce their stakes in spin-outs. Again, all entirely sensible but not very large for the enormous challenges ahead. His more radical idea, innovation vouchers to support businesses to use university expertise, is a rehash of ideas that have been used across the UK including in Dundee to bring together businesses and academics around gaming. The trick is not to issue these vouchers generally but to target them at businesses with latent potential, where there are regional strengths, and commensurate university expertise.

    Destiny’s Child

    And this opens up a fundamental tension which Balls’ paper tries to address. Whether an industrial strategy is primarily about economic growth of the country or regions, investment in leading or latent assets, and how far the government should intervene. In a co authored paper, What should the UK learn from Bidenomics, Balls et al imagine the forthcoming industrial strategy as an opportunity to ruthlessly focus on the things that are strategic for the future of the UK’s economy. As they conclude in their paper

    With clear goals in place, the toolkit of the Industrial Strategy should then seek to minimise the risk of capture by incumbent firms. That means using rules-based mechanisms like tax credits to realise clear growth objectives, crowding in private investment through public incentives, while resisting the pressure to reduce competition or favour incumbents.

    Their view is the goal is not to ease the path for winners but to pick a few priority areas and support them with general levers of support that would benefit a range of firms. One of the lessons from Bidenomics is that their industrial policy succeeded on the basis that it was massive with $108bn of investment in energy deals alone. Balls and his co-authors highlight the need to support and expand areas of existing economic strength, this includes universities and spending outside of the golden triangle.

    On the face of it the Balls proposition is more appealing. The basis of his argument would seem to be that if the government simultaneously invests in its leading assets while encouraging competition it can grab the best of both worlds. A more dynamic economy with more funding for the leading assets. The challenge is, as the paper acknowledges, the economic success of Bidenomics was also predicated on an appetite to allow creative destruction. Allowing zombie firms to die and workers to be made redundant and moved to more productive parts of the economy in order for the economy to grow. The paper refers to labour market churn and new business formation as the secret sauce “which appears to have contributed to higher productivity, stronger job creation, and faster growth.”

    Blockbuster

    Any decision ever to make any public investment implies winners and losers. The real debate is the extent to which the government should back those winners.

    The Willetts view of the world would see universities broadly fulfilling the same role they do now with a bit of new funding for collaboration. The more challenging view by Balls and his colleagues is that economic dynamism is inherently linked to creating and destroying more business and labour market churn. This would not only mean that universities would have to adapt more rapidly in their kinds of labour market work, skills training, CPD, KTPs and so on. It would also mean that they may also find themselves in urgent need of yet another political narrative, levelling up, securonomics, whatever next, in an ever changing policy landscape.

    The challenge that has yet to be fixed in any industrial strategy is regional inequality. Even America with all of its economic levers to pull still has many places that have been “hollowed out” with a mixed record of turning things round through public investment. Any university that can play a distinct role in this puzzle is likely not only to win the favour of the government but solve one of the biggest impediments to the UK’s productivity, and by proxy the quality of life of its people.

    The Balls view of industrial strategy as a tool for economic dynamism, the Willetts view of industrial strategy as a tool for reorientating government and reorganising bits of the economy, may both lose out to a Chancellor who may feel she has little fiscal headroom to make dramatic economic interventions. For universities, the opportunity is to define their role in the government’s central economic policy, if they do not their role will be defined for them.

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  • When tuition fee payments are suspended, what happens to students left behind?

    When tuition fee payments are suspended, what happens to students left behind?

    Whilst there may be good reasons for suspending tuition fee payments to “safeguard public funding and ensure students’ interests are protected”, decisions taken to safeguard the public purse often risk overlooking the individual students who are left behind.

    In April 2024 the Office for Students (OfS) opened an investigation in relation to Applied Business Academy (ABA) to consider whether it had complied with requirements to provide accurate information about its students, and whether it had effective management and governance arrangements in place.

    In September 2024, the Department for Education (DfE) instructed the Student Loans Company to suspend all tuition fee payments to ABA, until OfS had completed its investigation. On 27 September, ABA asked the OfS to remove it from the Register because it was no longer able to provide higher education. A decision to permanently close ABA was made on 22 October 2024 and liquidators were appointed.

    On 2 April 2025 OfS published a summary of its investigation. We understand around 300 current and prospective students were on courses partnered with universities who supported students through the closure and offered who were offered individual guidance sessions setting out options which included transfer to complete study as per the student protection plans.

    The other group of students

    However, there were also students who were studying for a Level 5 Diploma in Education and Training (DET) awarded by City and Guilds and some awarded by Organisation for Hospitality and Tourism Management (OTHM) – both at the time eligible for student loan finance. According to the OfS investigation this number looks to be just over 2,000.

    The route to raise complaints and seek redress for these students is different to the route for students on courses partnered with universities. As set out in the section of our Good Practice Framework that covers partnership arrangements, awarding universities and delivery partners will both be members of the OIA, so that students can benefit from a route to independent review of both party’s responsibilities. Where only one partner is a member of the OIA, our remit to review issues of concern to students is more limited.

    As the shape of the HE sector has changed, our legislation has been amended several times to bring as many delivery bodies and awarding institutions accessing public money as possible within our membership, to ensure that all students have access to an independent review of their complaints. But not all Awarding Organisations are currently OIA members, even where these courses are eligible for student finance.

    Access and risk

    There are clearly benefits to students of having access to student finance to access non- universities-awarded courses such as HND, HNC and level 4 or 5 courses with a Higher Technical Qualification approval. But we are concerned that the current arrangements may be inequitable, given that some students cannot seek an independent review of some awarding organisations’ acts or omissions.

    We have sought to close this gap by agreeing with Ofqual that awarding organisations being in membership of the OIA Scheme is compatible with Ofqual regulation and opening our Non-Qualifying membership up for awarding organisations.

    The impact on students of the different arrangements materialises further in cases of provider closure. In previous provider closure cases either the university has proactively put in place appropriate options or if they wanted to raise a complaint, the OIA could look at what the university’s role is in resolving this.

    As things stand, students at a delivery partner that ceases to operate at short notice, on courses awarded by an organisation that is not an OIA member, may find themselves with no clear independent route for complaints and redress. In our experience, students studying at HE level via a non-university awarded route and accessing higher education student finance, have no real understanding of this difference from those on a university awarded course.

    In the case of ABA, we have received a small number of complaints from students on the DET course, who are not able to access any financial remedy since ABA has gone into liquidation and the only option is for the students to become an unsecured creditor against ABA.

    We understand that where City and Guilds has received the work of students, there was not sufficient evidence for them to confirm the qualification requirements had been met for any student. This has been particularly difficult news for some students, many of whom believed that they had passed the course and were simply awaiting receipt of their certificate. They are unable to access further funding to re-take the year, compensation or travel costs to complete their studies.

    In the current financial climate and where franchise provision is coming under more scrutiny, it’s hard to imagine there will not be more students in this situation at a provider impacted by a closure. Alongside this the Lifelong Learning Entitlement (LLE) will potentially open more level 4 and 5 “non university” awarded courses where students may be unable to seek independent redress.

    Whilst we completely agree that protecting public funds is important, we mustn’t forget that there is a real and significant human cost for the genuine students, sometimes with few sources of personal support to help them navigate their limited options, left behind.

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  • The left should reclaim free speech mantle (opinion)

    The left should reclaim free speech mantle (opinion)

    If progressive or even not-so-progressive Jewish students invited comedian Sacha Baron Cohen to their university to perform his riotous parody “In My Country There Is Problem,” with its call-and-pogrom chorus “throw the Jew down the well / so my country can be free,” would Cohen be allowed on campus? If the song were indeed sung, and a few humorless, unthinking listeners were distressed by the lyrics, or at least claimed to be, would the Jewish students face discrimination and harassment charges under the university’s disciplinary code?

    Today, probably. Would they be found responsible for discrimination and harassment based on national origin? Again, probably. And what if a student band wished to parody the parody with a song titled something like, “Throw Chris Rufo Down the Well So My University Can Be Free”? Could the song be sung against the backdrop of students’ sensitivities and the reciprocated rage of today’s young conservative white men?

    In her recently published opinion essay for Inside Higher Ed, Joan W. Scott skewered the Foundation for Individual Rights and Expression and its vice president for campus advocacy, Alex Morey, for condemning the American Association of University Professors. Scott’s criticism of Morey’s criticism goes like this: Morey lambasted AAUP president Todd Wolfson’s expression of “disappointment” over Donald Trump’s re-election, arguing that Wolfson’s explicit partisanship betrays the AAUP’s purported commitment to academic freedom. Scott countered that FIRE is a libertarian wolf donning academic freedom drag. FIRE, explains Scott, is “dedicated to the absolutist principle of individual free speech,” a principle that is “not,” Scott italicizes, synonymous with academic freedom. In turn, Scott elaborates on academic freedom as “individual and collective rights of faculty as they pursue the mission of higher education in a democracy.”

    We agree with Scott that FIRE—with its many right-wing funding sources as Scott lists them—is unlikely to have our backs if and when the federal government comes to shut down diversity, equity and inclusion programs and cultural studies departments on campus (i.e., queer and Black studies). We respect, too, that Scott knows more about the history and purpose of academic freedom than we do.

    And yet, we worry that the line she draws between free speech and academic freedom—the former ideological and libertarian, the latter true and good—cedes too much. Indeed, her distinction hands “free speech” over to the conservative groups championing their anti-educational causes under its banner, and her dismissal of free speech defenses as apologia for racism lets stand, unnuanced, the left-originating but now right-appropriated proposition that combative, controversial speech is necessarily harmful in an egalitarian university environment. It is the quick conversion of (at times highly provocative) political speech into hate speech that allows “from the river to the sea” to be branded as categorically harassing antisemitism—a conversion that would so quickly ban Jews from sending up antisemitism (“throw the Jew down the well”), ban musicians from joking about drowning Rufo or prohibit, for that matter, marginalized groups from reappropriating slurs to divest them of their injurious force.

    In short, we think there is still good reason—several good reasons—for the academic left to defend speech, both as elemental to academic freedom and as a democratic value unto itself.

    We and nearly every colleague we know have stories of students hastily claiming talk—talk of sex, Israel, Palestine and criticism of affirmative action—as intimidating, harassing or discriminating. It seems to us that a robust defense of academic freedom must include healthy skepticism, but not outright cynicism, of the proposition that words injure. Skepticism, not cynicism, because words may hurt people, further subordinate marginalized groups and erode democratic ideals. David Beaver’s and Jason Stanley’s recently published The Politics of Language draws on critical race and feminist theory to show how some speech acts—affective, nondeliberative and/or racist dog whistles—function to polarize and degrade.

    But we also know, especially in the wake of spurious discrimination claims against campus activists and academics protesting Israel’s military campaigns, that conservative stakeholders are weaponizing the idea of words as weapons, alleging atmospheres of harassment to chill political speech—a project, we must concede, that the left paved the way for.

    Indeed, around 2013, as trigger warnings gained traction on college campuses, the right repackaged “free speech” as the inalienable freedom of anyone to speak on any topic without consequence, especially if that consequence is the loss of a platform. Instead of drawing on the left’s history of free speech advocacy, scholars of “identity knowledges” centered attention on the moral wrongness of offensive speech and the intolerability of feeling unsafe. This shift left progressives defending feelings rather than ideas, collapsing political discord with dehumanization—or, as Sarah Schulman argues, conflict with abuse. Now, with free speech reduced to melodrama, even the Christian right claims to protect its constituents against “harm”—whether from critical race theory or drag shows—rendering the issue a conceit of the culture wars.

    In his much-ridiculed op-ed for The New York Times published last year, linguist John McWhorter lamented that he and his students were unable to listen to John Cage’s silent “4:33” during class, as the silence would have been interrupted by the sound of student protests. The irony that McWhorter chided the protesters for impeding his students from appreciating Cage’s invitation to listen to “the surrounding noise” of the environs was not lost on McWhorter’s critics.

    What was not commented on, though, was McWhorter’s contention that if a group of students had been shouting “DEI has got to die” with the same fervor with which they were shouting for Palestine’s self-determination, then the protests “would have lasted roughly five minutes before masses of students shouted them down and drove them off the campus. Chants like that would have been condemned as a grave rupture of civilized exchange, heralded as threatening resegregation and branded as a form of violence.”

    Whether correct or not, McWhorter’s speculation is not baseless. We want to insist, though, that there are left, not just libertarian, grounds to defend, for example, a student protest against DEI initiatives. They include: respecting and celebrating the university as a space of open dialogue and debate; the possibility that you might learn something from someone with whom you disagree; the opportunity to lampoon, parody or otherwise countermand whatever worse-than-foolish statement the opposition is making; the opportunity, as John Stuart Mill taught us, to strengthen your own ideas and arguments alongside and against the ideas of others; and finally, avoiding the inevitable backlash of “the cancel,” whereby censored conservatives rebrand themselves as truth-telling victims of the “woke.”

    Granted, some of these grounds for defending speech tilt more liberal or libertarian than pure left, whatever that means, but we nonetheless maintain that it is self-defeating for us to carry the banner for “academic freedom” while consigning “free speech” to the province of white grievance. This is especially true for those of us teaching queer and critical sexuality studies, where classrooms and related spaces of activism and dialogue are increasingly circumscribed, the harm principle ever more unprincipled. Consider the case of Aneil Rallin, who in 2022 was accused by Soka University of America of teaching “triggering” sexual materials to his students in a course called Writing the Body, and whose case—while taken up by FIRE—was met with little alarm from the academic left.

    It also applies to those of us who still recognize satire, irony and social commentary in an age of breathtaking literalism. In 2011, the Dire Straits song “Money for Nothing” (1985) was temporarily banned from Canadian radio for its use of the f-slur, even though the term was intended as a commentary on working-class homophobia. The drive to censor and demonize without regard for social context has arguably gotten stronger in the years since.

    From the recent historical record, it seems to us that the enforcement of bureaucratic speech restrictions often damages campus culture and democratic norms more than the speech acts themselves. Indeed, the better question than is X speech act harmful is, to crib from Wendy Brown, when—if ever and at what costs—are speech restrictions the remedy for injury?

    Debating DEI programs, myths of meritocracy and so on is the stuff of academic freedom. A speech act like “DEI must die” is provocative, abrasive and worth publicly disparaging, but it is not the same as hate speech. Song parodies will not save us from the dark years ahead for public education, academic freedom and egalitarian pedagogies of all kinds. But our battle preparations demand standing up for, not surrendering, free speech.

    Joseph J. Fischel is an associate professor of women’s, gender and sexuality studies at Yale University.

    Kyler Chittick is a Ph.D. candidate in the Department of Political Science at the University of Alberta.

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