Tag: overhaul

  • Now in office, how Trump could overhaul higher ed

    Now in office, how Trump could overhaul higher ed

    President Trump’s second inauguration took place in the Capitol rotunda Monday.

    Kayla Bartkowski/Getty Images

    President Donald Trump’s inauguration today kicks off what is likely to be a disruptive four years for higher education.

    He enters office at a time when college and university enrollment numbers are floundering, public disillusionment with the cost of a degree is growing and culture wars are raging on. Combined, these circumstances give the president—and his Republican counterparts on Capitol Hill—an opportunity to ramp up scrutiny and accountability measures for the nation’s top institutions while also decreasing the federal footprint in education.

    During the campaign, Trump said he plans to abolish the Education Department, ban the participation of trans athletes in women’s sports, “fire” accreditors and cut funding for scientific research. He has also discussed expanding short-term financial aid offerings, making student unionization more difficult, protecting conservatives’ speech on campuses, disallowing college vaccine mandates and creating a free online national college funded by new taxes on wealthy private universities.

    Since winning the election, Trump has yet to offer more details on how he will fulfill the policy promises he’s made.

    Colleges, meanwhile, have mostly adopted a wait-and-see approach to the incoming Trump administration. Over all, reactions to Trump’s election on college campuses were more muted this time around compared to the protests and outcry in 2016.

    But Trump’s anti-immigration rhetoric and calls for mass deportations worry some college leaders. Several institutions advised international students to get back to campus before Monday, warning them that executive orders from the new president could complicate their return. Others pledged not to participate in mass deportations and said they would defend DEI programs and policies.

    Trump’s impact on higher education will likely vary according to the type of institution. For instance, for-profits and other colleges are expecting less red tape and oversight from the administration, while historically Black colleges and universities are preparing to educate the administration and Congress about their institutions and their value.

    Trump’s Team So Far

    He tapped Linda McMahon—former CEO of World Wrestling Entertainment, co-chair of his transition team and founder of a pro-Trump think tank—to carry out his anti–diversity, equity and inclusion education agenda and shrink the department.

    McMahon has yet to receive a confirmation hearing in the Senate, but she’s expected to get the green light. Who else will serve with McMahon in key roles related to higher ed such as the under secretary, assistant secretary of civil rights and chief operating officer for Federal Student Aid is not yet clear.

    Trump did nominate former Tennessee commissioner of education Penny Schwinn as deputy secretary Friday. Schwinn, who will likely focus primarily on K-12 policy, was part of former University of Florida president Ben Sasse’s cabinet as vice president for PK-12 and pre-bachelor’s programs.

    McMahon’s appointment surprised some education policy observers given her lack of education experience. But others see her as a loyal lieutenant with a strong track record in business who can get things done at the department.

    Day One Plans

    Trump doesn’t need McMahon and her team in place to get started. While day one of the administration will be filled with much of the traditional pomp and circumstance, the president’s transition team has also said it will include the signing of 200 executive orders, Fox News reported Sunday, which would be a record.

    It’s not clear how many of those orders will affect colleges and universities, but higher education, which received little attention from Trump in his first term, is expected to rank higher on the administration’s priority list this time around. Actions related to diversity, equity and inclusion programs; transgender students; campus antisemitism; and immigration could be among the first on the docket.

    During his first administration, Trump toned down oversight of for-profit colleges, issued new Title IX rules that bolstered due process protections for those accused of assault and appointed a conservative majority to the U.S. Supreme Court, paving the way for justices to later strike down affirmative action in June 2023, among other changes.

    Now, just as he did in the first term with Obama’s policies, Trump will likely roll back many of the regulations President Biden put in place. Those include added steps to the process of merging or acquiring colleges, protections for borrowers who were misled by their higher ed institution and an income-driven repayment program that lowered monthly payments for millions of borrowers. Others, however, including gainful employment, might remain in place, as the GOP considers increasing federal oversight of colleges and universities.

    Biden’s Team Wraps Up

    Trump’s list of potential repeals grew shorter when a federal judge vacated the Biden administration’s Title IX rules. Other lawsuits challenging rules made by the Biden administration are still pending.

    The outgoing president and his team have been scrambling to wrap up loose ends. In just a few weeks, they finalized new rules for online education and college prep programs, announced settlements in multiple civil rights and antisemitism investigations, and issued several rounds of debt relief. That’s along with new guidance related to online program managers and the Title IX requirements for financial payments to college athletes.

    Before the holidays, Biden withdrew two debt-relief proposals, half-baked rules on accreditation and state authorization, and a controversial rule regarding the participation of transgender student athletes in women’s sports. The decision forces Trump to start at square one rather than leaving the existing policies open to amendment.

    But the president may not even need to act himself on some of these issues as Republicans take the lead in Congress. House Republicans have passed legislation to ban trans women from women’s sports teams nationwide and to crack down on the detention of undocumented immigrants. The immigration bill could also potentially make it more difficult for international students from China and India to study in the U.S. The Senate voted Friday to advance that bill for a final vote, which could come as soon as Monday.

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  • Federal judge throws out Biden’s Title IX overhaul

    Federal judge throws out Biden’s Title IX overhaul

    Updated at 6:30 p.m. Jan. 9

    A years-long effort to change how colleges respond to reports of sexual harassment and discrimination and to expand protections for transgender students is dead after a federal judge ruled Thursday that the Biden administration’s overhaul of Title IX of the Education Amendments of 1972 was unlawful.

    The court order vacates the rule nationwide and could create more confusion for colleges as they seek to move forward without running afoul of the federal gender equity law. The Title IX changes were already on hold in 26 states and at hundreds of colleges, thanks to a series of lawsuits from 26 Republican attorneys general. Thursday’s order is the first final ruling in those cases and was part of a lawsuit brought by Indiana, Kentucky, Ohio, Tennessee, Virginia and West Virginia.

    Republican lawmakers and state officials celebrated the ruling as a victory for women and girls while advocates for LGBTQ+ students criticized the decision as an attack on transgender students. The Biden rule allowed students to use the bathrooms and locker rooms that align with their gender identity.

    Chief Judge Danny Reeves of the U.S. District Court for the Eastern District of Kentucky, who previously criticized the rule, wrote in a 15-page opinion that the regulations suffer “significant constitutional infirmities.” For instance, using the wrong pronouns for a student could be considered harassment under the rule. That provision “offends the First Amendment,” wrote Reeves, a George W. Bush appointee.

    “As expected, courts have continued to find it impossible to justify the Biden administration’s changes to Title IX rules eviscerating students’ speech and due process rights,” said Tyler Coward, lead counsel for government affairs at the Foundation for Individual Rights and Expression, a free speech and civil liberties advocacy organization.

    The ruling is the latest legal setback for Biden’s higher ed agenda, which hasn’t fared well in federal court.

    ‘Back in Time’

    Colleges and universities will now revert to the previous Title IX rule, which took effect in summer 2020 during the first Trump administration. Those regulations required colleges to hold live hearings with an opportunity for cross-examination to allow those accused of sexual misconduct to confront their accusers—a provision the Biden rules nixed. Additionally, the 2020 regulations defined sexual harassment more narrowly than the Biden Title IX rule.

    “Fitting, I guess—everything’s going back in time four years,” said Brigid Harrington, a higher education attorney at Bowditch & Dewey who focuses on compliance with civil rights laws. “Schools that had been enjoined were already there, so it doesn’t change things for many.”

    Colleges don’t have to throw out all their new policies related to harassment and discrimination; they can keep the parts that don’t conflict with the 2020 rule. For example, under the 2024 regulations, colleges must give pregnant students notice of their rights, and the 2020 rule doesn’t prevent a college from doing so. (Reeves didn’t take issue with the pregnancy provisions but said, “It simply is not proper for the court to rewrite the regulations by excising the offending material.”)

    Thursday’s ruling wasn’t a complete surprise for colleges and universities, considering the injunction and upcoming change in administrations. Andrea Stagg, director of consulting services at Grand River Solutions, a company that works with colleges on Title IX and other issues, said that colleges already have started talking about what to change in their policies and what to keep.

    Still, reimplementing the 2020 regulations will mean retraining and re-educating students, staff and faculty about the changes.

    “It’s very complicated, expensive and exhausting … and folks don’t have the resources,” she said. “For a field that already experiences a ton of burnout … it’s demoralizing to work so hard and then have the rules change on you.”

    Several other lawsuits challenging the rule are still pending, and the Biden administration could appeal the decision to the U.S. Court of Appeals for the Sixth Circuit, so Thursday’s decision may not be the end of the legal battle over Title IX. The Education Department could not be reached for comment Thursday because the offices were closed in commemoration of former president Jimmy Carter’s passing.

    “I don’t think this is the last that we’re going to hear of this,” said Harrington. “I think that civil rights are going to be a big topic for the next four years.”

    A Repudiation or an Attack?

    Republican attorneys general who sued the Biden administration and conservative advocates who criticized the rule celebrated the judge’s decision “as a massive win” and a sign that “common sense is slowly returning.”

    “The court’s ruling is yet another repudiation of the Biden administration’s relentless push to impose a radical gender ideology through unconstitutional and illegal rulemaking,” Tennessee attorney general Jonathan Skrmetti said in a statement. “Because the Biden rule is vacated altogether, President Trump will be free to take a fresh look at our Title IX regulations when he returns to office [Jan. 20].”

    President-elect Donald Trump has criticized Biden’s Title IX changes, and many experts expect him to issue new regulations that are more conservative than his 2020 rule, especially concerning LGBTQ+ students.

    Congressional Republicans, who sought to overturn the Title IX rule, also praised the ruling and pledged to protect educational opportunities for women and girls. Passing legislation that would prevent transgender students from participating on the sports team consistent with their gender identity is a top priority for the House.

    “It is clear the Biden-Harris administration completely lost its way on Title IX,” said Louisiana senator Dr. Bill Cassidy, the chair of the HELP committee, in a news release. “They betrayed the original intent of Title IX by removing longstanding protections that ensured fairness for women and girls.”

    Representative Tim Walberg, the Michigan Republican who chairs the House Committee on Education and the Workforce, said that Biden’s proposed rewrite “would have undermined safety, freedom and fairness for women.”

    Meanwhile, advocates for LGBTQ+ students and those who experience harassment or sexual violence described the ruling as an attack on trans students and others that would impact their educations.

    “With these protections already removed in some states, students who experience sexual assault have had their complaints dismissed, or worse, been punished by their schools after reporting; pregnant students have been unfairly penalized for taking time off to give birth to a child; and LGBTQI+ students have faced vicious bullying and harassment just for being who they are,” said Fatima Goss Graves, president and CEO of the National Women’s Law Center.

    Tracey Vitchers, executive director of It’s On Us, a national organization working to combat campus sexual assault, took issue with claims that overturning the Biden rule would protect women and girls.

    “The 2020 regulations did well-documented harm to the safety of women and girls by making it more difficult to report and obtain justice if they experience sexual violence in school,” she said. “If preserving the rights and safety of women and girls was the actual litmus test for today’s decision, the judge would have chosen to uphold Biden’s rule. Instead, the safety of women and girls is being weaponized to discriminate” against trans people.

    Vitchers added that while Title IX is important, colleges are required under state and federal laws to respond to reports of harassment and address student safety.

    “Institutions are going to have to find ways to be creative to uphold the rights and safety of students on their campus under this new environment,” she said. “If Title IX is going to continue to be this horrible political football it has turned into, we need to see schools invest in evidence-based approaches to sexual violence prevention, because the ultimate goal is to ensure students have an education free of sexual violence.”

    Jessica Blake contributed to this report.

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