Tag: Policy

  • Your 2025 higher education policy almanac

    Your 2025 higher education policy almanac

    Well, it’s January again.

    The early months of last year were dominated by the Conservatives’ slow swan dive into electoral oblivion, and then we got a general election that saw little serious discussion of the sector’s future, aside from the trotting out of a few old canards.

    And since Labour took power in July, there have been two broad phases: an initial “these things take time” framing in which universities – as well as many other groups and industries – were asked to be patient. In November we got the tuition fee uplift in England (in cash terms, for one year) and news of a bigger reform plan due next summer. A little movement, but in grand terms it was still can-kicking. Even the concrete announcements we’ve had, such as on level 7 apprenticeships, have not been accompanied by detailed policy papers or formal consultations.

    There’s reason to think that 2025 will have more for wonks to get their teeth into. There’s plenty pending, promised, or otherwise pretty damn urgent. So the below is an attempt to reckon with absolutely everything we know is on its way that matters for HE. Please charitably ascribe any oversights to a post-holidays sugar crash on my part rather than wilfully turning a blind eye, and let me know what I’ve missed in the comments.

    Big ticket items

    In Westminster politics, the first half of next year is going to be completely dominated by the spending review, which will set departmental budgets for three financial years (2026–29) as well as lay out a five-year programme of capital spending. It has always been described as being “in the spring”, but recent reports suggest that Labour will fly as close to the summer solstice as they can with this definition, so make sure you’ve got some free time in June to deal with the fallout.

    If what we read in the papers is to be believed, what is – counterintuitively – the default policy of inflation-linked tuition fees will be confirmed for England at this point, taking us up over £10,000 a year by the end of the Parliament.

    This is also when we’ll hear more about the government’s plans for ten-year R&D budgets. Attendees of the 2023 Labour conference may recall science secretary Peter Kyle promising a decade of confirmed funding for UKRI and ARIA – this commitment has been repeatedly qualified since then, partly due to issues of practicality (given that it’s not a ten-year spending review) and partly due to a question mark over whether fixing research spending in this way is really a good idea. It’s likely to be restricted now to “specific R&D activities” – the (much) bigger question will be around levels of investment in R&D. Plus we’ll see to what extent the government really wants to commit to linking research and its missions – last autumn brought only a small pot of cash for this in 2025–26.

    Also due alongside the spending review is “further detail and plans for delivery” for the Lifelong Learning Entitlement – so don’t expect to hear much more before then, though the delayed commencement in 2027 makes the need for information marginally less pressing. And the finalised industrial strategy will also arrive, “aligned with” (and likely published together with) the spending review, laying out specific sector plans for areas like the creative industries, the life sciences, and professional services. Once complete, the idea is that these plans can then inform Skills England’s work, and potentially migration policy – it’s all very ambitious.

    The HE reform announcement in England that we’ve been promised for “the summer” will land – it appears – fairly hot on the heels of the spending review settlements, and any money needed for it will need to have been allocated already, or at least tucked in to Office for Budgetary Responsibility (OBR) projections in some way. On the topic of the OBR, its spring forecast is due on 26 March – there are rumblings that its revised projections could spell fiscal trouble for the government.

    There are also clear indications that the HE reform statement will be preceded, or possibly accompanied, by a review of some kind. There have been rumours of a panel in place, and the indications are that this will fly under the radar somewhat and happen quickly – think Becky Francis’ curriculum review or Lord Darzi’s NHS audit, rather than a grand commission in the traditional “major review” style we have become used to.

    Around the sector

    Part of the Westminster government’s reform agenda is predicated on the sector coming up with ideas itself, which may end up drawing quite a lot on Universities UK’s blueprint from back in September. UUK’s own “efficiency and transformation taskforce” will be busy putting out recommendations on business models and collaboration, with the endorsement of education secretary Bridget Phillipson – “all options are on the table,” we are told, with plenty of policy debate likely to ensue once publications begin to appear.

    With many universities in poor financial shape, the search for longer-term sustainability will likely be derailed at regular intervals by news of redundancies and course closures. National industrial action is a possibility, though there are real questions around the willingness of struggling union members to take action on pay at this point. Local disputes will continue to flare up. Alongside this we have a renewed push for newer English universities to be exempted from the Teachers’ Pension Scheme due to the massively increased costs it is now carrying, a move which would substantially inflame industrial relations if it came to pass.

    And looming over all of this is the possibility of a disorderly market exit, and the question of whether the government has a viable plan in place to step in if a large institution were to hit the wall. All the other policy developments we are highlighting here could be hugely complicated by a sudden shock to the system and what is likely to be a political rather than a strategic response.

    The world of regulation

    There’s a lot to look out for from the Office for Students, from the appointment of a new permanent chair down (interviews are being held this month).

    There’s the ongoing consultation on a new strategy, the continuing fallout from the temporary closure of the register (this should supposedly also bring new proposals on improvements to the registration process), whispers of a more “integrated approach” to quality and whatever that means for the TEF, and a greater regional focus to access and participation.

    We should start getting assessment reports for the second round of quality investigations (where franchising and foundation years will be a focus) as well as the belated release of those grade inflation investigations that were announced on 2 September 2022. We’re waiting for consultation responses on a new approach to public grant funding and even on LLE regulation, though you can’t blame them for waiting to see what exactly the government is planning with this one.

    According to last summer’s business plan, there should also be consultations of potential new initial conditions of registration on both management and governance, and consumer protection. And this year’s National Student Survey will have a sexual misconduct questionnaire appended – though it’s not clear at time of writing to what extent the results will be made public.

    Over in Wales, Medr is taking shape, with a finalised strategic plan due to have been submitted to the Welsh government for approval just before the Christmas break – we should hear more of this soon, along with the consultation response.

    And if all that sounds like a lot, in Scotland we are due a Post-School Education Reform Bill at some point in the 2024–25 parliamentary session, which will make big changes to how the Scottish Funding Council (SFC) and Student Awards Agency Scotland operate. A consultation which closed in September asked stakeholders for thoughts on what the funding agency landscape should look like – we haven’t heard much since then. The sector is keen to stress the importance of universities retaining their autonomy, whatever happens – legislative passage could see MSPs push for new duties on the SFC.

    We’ve been aware for a long time that the Office for National Statistics is undertaking a review into whether higher education should be seen as “public sector” in the national accounts – it’s now been slightly rejigged into a review of the statistical classification of “the transactions in which UK universities engage.” For what is a very technical definition, an eye over the recent travails of the FE sector suggest that there are potential implications for everything from procurement to senior staff pay. The long delayed work will kick off early in 2025.

    The research agenda

    What little research policy we’ve seen come out of the new government so far has been limited to haggling over budgets and science minister Patrick Vallance stressing that ministers should not meddle in university research. There’s no reason to think we will get big policy pronouncements out of the Department for Science, Innovation and Technology, which feels more interested in the tech and digital side of its remit, both legislatively and aesthetically. But there’s lots going on around the margins that could end up being quite consequential.

    First up we have the appointment of a new UKRI chief executive, where there’s already evidence the new minister has been having a think about longer term strategic direction. While the new roleholder won’t take up office until June, we should get news of the appointment fairly soon.

    In the Research Excellence Framework world, the “modular” approach to releasing different policies on a staggered timetable will see the release of the volume measure policy (imminently) and the contribution to knowledge and understanding policy (scheduled for the summer). The more contentious people, culture and environment pilot will continue throughout the year, with criteria and definitions due for the winter – any slippage on this will likely provoke controversy.

    At UKRI, January will bring an update on its work reviewing how PGR stipends are set (as well as the stipend level for 2025–26). Elsewhere, the ongoing National Audit Office work looking at UKRI grants and loans could be a wildcard – it’s due to report in spring 2025 – and at the very least is a moment where the government will need to comment on how the research funding system is operating. Research England is also thinking about the current state of research infrastructure, via its condition of the estate survey, and how the sector’s financial challenges are affecting research – for both of these pieces of ongoing work, it’s doubtful that much will be shared publicly.

    Further afield, a European Commission proposal for the successor to Horizon Europe is due midway through the year, preceded by an interim evaluation of the current funding programme which will likely give an indication of its plans. We will also get regulations for the Foreign Influence Registration Scheme in the new year – the measures, which will speak to research security, are now expected to come into effect in the summer. It’s been reported that the government is resisting calls to put China on the “enhanced tier” of the scheme, a move that would have greatly complicated UK-China academic partnerships. On a related note, the government has quietly been conducting a “China audit” – this will be released in the coming months, and in theory will spell out the policy areas where closer ties will be permitted.

    Finally, the House of Commons Science, Innovation and Technology Committee will be conducting a timely inquiry into regional R&D, which should be a good opportunity for some more insight into how the government’s English devolution-related plans for more mayoral involvement in the research system will come together.

    International

    If you had to pick a policy area that will have the biggest macro impacts on the sector in 2025, you could do a lot worse than opt for international recruitment (you would arguably have been proved right if you’d chosen it in any of the last few years).

    Two big policy items are on their way here: a legal migration white paper, spelling out how the government will fulfil its electoral promise to bring net migration down. And a revised international education strategy (IES), which we’re told is coming “early spring” – whether it will appear before, after, or alongside the white paper remains to be seen, but could be significant.

    The big questions here are whether the government will put a recruitment target on the face of the strategy – the aspiration for 600,000 students in the last one ended up coming back to haunt the Conservatives among their own base – and what the plan for education exports targets might be. But there are other areas we could see movement, such as on post-study work, where some in the sector seem hopeful that a little improvement could be on offer, despite the enormous political pushback the Graduate route has faced over the last couple of years. It feels like an outside bet.

    More important to keep an eye on will be whether some kind of arrangement is arrived at with net migration statistics – we know that the Office for National Statistics is looking at how estimates excluding students could be arrived at, and it’s been on the higher education sector’s wishlist for years.

    If it did come to pass, the devil would very much be in the detail – the Migration Advisory Committee annual report has already been noting the contribution that students make to long-term net migration, and Starmerite think tank Labour Together’s recent proposal is for visa routes such as Skilled Worker and Graduate to have multi-year targets, even if the Student visa does not. Put like that, it sounds like a recipe for universities to recruit pretty freely but for students’ post-study options to remain a political football – the seeming lack of student involvement in the IES review would appear all the more glaring in this case. The Universities UK blueprint did promise a kind of quid pro quo on responsible international recruitment, and it has been notable that government ministers have stressed the importance of housing availability when the question has come up in Parliament recently.

    Whatever comes out of it, it looks clear that the Home Office will continue to toe a careful line on student visas, and continue to implement the last government’s Graduate route review response. The use of “action plans” by UKVI for certain providers will continue, even if there is no substantive public comment from the Home Office about what these are and why they are being imposed. And there will also be a review of English language self-assessment policies over the next few months, “driven by growing concern around underlying reasons for reports of students being picked up at the border or entering UKHE with low levels of English” (in UUKi’s words). It’s unlikely much will be shared publicly about these, but they are items to watch, especially in the event that there is further negative publicity about international students in the media.

    It’s worth stressing that developments in migration and visa policy do not only affect students – the House of Lords Science and Technology Committee is next week highlighting the interplay between visas and international researchers, and there are ongoing issues such as the future of the family visa income threshold where the government will eventually need to take a position.

    And despite all this policy in play, the three most significant factors for future international recruitment with likely be the Australian federal election – where the incumbent government’s attempts to impose number caps have been thwarted by an opposition that wants bigger caps – the Canadian election – which could happen at any minute if Justin Trudeau is forced out, and where the Conservatives are strongly favoured to take power – and the impact of Donald Trump on the USA, where universities are already reportedly asking international students to return before he takes office. All these things have the potential to greatly benefit the UK “market”.

    Skills, skills, skills

    Before we get any HE reform news out of Westminster, there’s going to be policy elsewhere in the post-compulsory system, with Skills England gearing up for action – we’ll learn the appointments of chief executive and permanent chair pretty soon – and various policy pronouncements at this end of the tertiary sector are overdue.

    Probably the most impactful for higher education is confirmation about exactly what is happening with the apprenticeship levy, both in wider terms of the planned additional flexibility for non-apprentice courses (this will be less than the 50 per cent originally proposed… at least probably), and for the “defunding” of level 7 apprenticeships.

    Many universities are big operators in this space, and it appears that most if not all of these programmes will be removed from the levy’s scope (“a significant number” is the most recent framing from the government). Over Christmas the Telegraph reported that the much-feted doctor apprenticeship is now “paused in perpetuity”. We should get the full picture very soon, as well as the much-awaited post-16 strategy, which you would hope would give a decent insight into the government’s wider vision for tertiary education. Though it may not.

    The defunding of level 7 apprenticeships is also relevant for those higher education institutions that have been spending their levy contributions on such courses for their staff as part of their professional development offer. DfE assures us all that employers are more than welcome to pay for them using different funds, “where they feel they provide a good return on their investment.”

    Our world in data

    We’re getting the outcome of the Data Futures review soon! There may be some lessons to learn about programme management and platform delivery, which could play out as a shared commitment to improving processes or as an unedifying multi-agency row. Whatever the case, this year’s HESA Student data will arrive later than usual – “in the spring, earlier than last year’s August publication but later than the January release date achieved in previous years.” Whether this is spring as in daffodils, or spring as in spending review, remains to be seen – but the delay (and issues with data quality as we saw last year) will have a knock on effect on data releases elsewhere, once again.

    At the end of this month we are getting HESA Staff data for 2023–24. The headline figures from last year’s release did get quoted the odd time by the previous government – in answer to questions about the impact of redundancies and cuts, it would occasionally be pointed out by ministers that (academic) staff numbers were still rising when you look at the sector as a whole. These figures won’t show the impact of this academic year’s cuts, however.

    Of course, elsewhere we have the usual releases which make up the HE wonk’s annual working rhythm. UCAS end-of-cycle numbers, at provider level, are due out at the end of January, and further down the line (probably around spending review time!) we have HESA Finance data and the Office for Students’ accompanying financial sustainability report, which will likely once again be a moment of maximum attention for higher education’s bottom line.

    One other piece of data we are getting this spring is a new ONS release on student suicides. This will come alongside the independent review commissioned by the last government, and whatever the findings is likely to generate a lot of press coverage and renewed pushes from campaign groups and opposition parties for a statutory duty of care. Early indications from the current government is that they are happy with the voluntary, sector-led approach to mental health – but things can change.

    Elsewhere in government

    It’s amazing it’s taken us this long to get to it, but probably the biggest, most controversial item on DfE’s to-do list is a decision on the fate of the free speech act and its associated provisions and complaints scheme. The Free Speech Union has its day in court on 23 January as part of a legal challenge over the pausing of the bill’s commencement – it’s just possible that the government will try to get a decision out before then. Or it could all drag on intractably for several more months, very much in keeping with the legislation’s passage through Parliament.

    Another hugely consequential move which we may see from DfE this month is the launch of a consultation on proposals to “strengthen oversight of partnership delivery in higher education” in conjunction with OfS. The department “will be developing options for legislative change, if required,” the Public Accounts Committee was told back in September, with a target date of January 2025 for an update.

    We’re due impact assessments and regulations for the tuition fee and maintenance “increases”, which should also involve a government pronouncement on how much the national insurance increase will cost the sector. And while it’s not higher education business, the soon-to-appear curriculum review (covering the curriculum in England from key stage 1 to key stage 5) will have long-term consequences for the wider education system – as well as likely sparking further backlash among those worried about it recklessly promoting diversity and risking PISA scores.

    Elsewhere in Westminster, the ongoing parliamentary passage of massive pieces of legislation will have big consequences for universities and students. The Employment Rights Bill and the Renters’ Rights Bill will both likely see some amendments, and we’re still awaiting the text of the English Devolution Bill and the promised “Hillsborough” bill. The government’s NHS plan for change – again, due at some point in the spring – and proposed updates to the NHS Long-Term Workforce Plan are important to keep an eye on as well.

    Up in Scotland, one day we may see the fruits of the ongoing review of student maintenance for part-time students. Negotiations over the 2025–26 budget will dominate the parliamentary agenda in the early part of the year, with ministers appearing in front of committees to get into the details of what exactly will be funded and what will not – and then the countdown to 2026 elections begins (all of this sentence is also true in Wales).

    It’s dangerous to go alone – take this

    If you’ve made it this far, congratulations. It feels like there is currently a huge number of moving parts in play in policy-land, all of which will contribute to the future shape and operations of the UK higher education sector in various, often hard-to-predict ways. Some are pretty immediate, others are issues that should have been tackled long ago, and then there are long-term policy changes that will be massive news in the 2030s.

    Here at Wonkhe we try to cover every single policy development that affects the sector, especially in our Daily Briefings (which restart on Tuesday 7 January – my alarm is already set).

    So if you’re interested in following even a fraction of the stuff that’s set out above, do join us for the ride this year. And fair warning, it’s likely that a good number of the most important developments that 2025 has in store for us are not even on this list. We’ll cover those as well, the moment they arrive.

    Source link

  • A new mission for higher education policy reviews

    A new mission for higher education policy reviews

    by Ellen Hazelkorn, Hamish Coates, Hans de Wit & Tessa Delaquil

    Making research relevant to policy

    In recent years there has been heightened attention being given to the importance of scholarly endeavour making a real impact on and for society. Yet, despite a five-fold increase in journal articles published on higher education in the last twenty years, the OECD warns of a serious “disconnect between education policy, research and practice”.

    As higher education systems have grown and diversified, it appears with ever increasing frequency that policy is made on the slow, on the run, or not at all. Even in the most regulated systems, gone is the decades-long approach of lifetime civil servants advancing copperplate notes on papyrus through governmental machines designed to sustain flow and augment harmony. In the era of 24-hour deliberation, reporting and muddling through, it may seem that conceptually rooted analysis of policy and policymaking is on the nose or has been replaced by political expediency.

    Nothing could be further from the truth. There has never been a more important time to analyse, design, evaluate, critique, integrate, compare and innovate higher education policy. Fast policy invokes a swift need for imaginative reflection. Light policy demands counterbalancing shovel loads of intellectual backfilling. Comparative analysis is solvent for parochial policy. Policy stasis, when it stalks, must be cured by ingenious, ironic, and incisive admonition.

    Governments worldwide expect research to provide leaders and policymakers with evidence that will improve the quality of teaching and education, learning outcomes and skills development, regional innovation and knowledge diffusion, and help solve society’s problems. Yet, efforts to enhance the research-policy-practice nexus fall far short of this ambition.

    Policy influencers are more likely to be ministerial advisory boards and commissioned reports than journal articles and monographs, exactly opposite to what incentivizes academics. Rankings haven’t helped, measuring ‘impact’ in terms of discredited citation scores despite lots of research and efforts to the contrary.

    Academics continue to argue the purpose of academic research is to produce ‘pure’ fundamental research, rather than undertake public-funded research. And despite universities promoting impactful research of public value, scholars complain of many barriers to entry.

    The policy reviews solution

    Policy Reviews in Higher Education (PRiHE) aims to push out the boundaries and encourage scholars to explore a wide range of policy themes. Despite higher education sitting within a complex knowledge-research-innovation ecosystem, touching on all elements from macro-economic to foreign policy to environmental policy, our research lens and interests are far too narrow. We seem to be asking the same questions. But the policy and public lens is changing.

    Concerns are less about elites and building ‘world-class universities’ for a tiny minority, and much more about pressing social issues such as: regional disparities and ‘left-behind communities’, technical and vocational education and training, non-university pathways, skills and skills mismatch, flexible learning opportunities given new demographies, sustainable regional development, funding and efficiency, and technological capability and artificial intelligence. Of course, all of this carries implications for governance and system design, an area in which much more evidence-based research is required.

    As joint editors we are especially keen to encourage submissions which can help address such issues, and to draw on research to produce solutions rather than simply critique. We encourage potential authors to ask questions outside the box, and explore how these different issues play out in different countries, and accordingly discuss the experiences, the lessons, and the implications from which others can learn.

    Solutions for policy reviews

    Coming into its ninth year, PRiHE is platform for people in and around government to learn about the sector they govern, for professionals in the sector to keep abreast of genuinely relevant developments, and for interested people around the world to learn about what is often (including for insiders!) a genuinely opaque and complex and certainly sui generis environment.

    As our above remarks contend, the nature of contemporary higher education politics, policy and practice cannot be simplified or taken for granted. Journal topics, contributions, and interlocutors must also change and keep pace. Indeed, the very idea of an ‘academic journal’ must itself be reconsidered within a truly global and fully online education and research environment. Rightly, therefore, PRiHE keeps moving.

    With renewed vim and vigour, the Society for Research into Higher Education (SRHE) has refreshed the Editorial Office and Editorial Board, and charged PRiHE to grow even more into a world-leading journal of mark and impact. Many further improvements have been made. For instance, the Editorial Office has worked with SRHE and the publisher Taylor and Francis to make several enhancements to editorial and journal processes and content.

    We encourage people to submit research articles or proposals for an article – which will be reviewed by the Editors and feedback provided in return. We also encourage people to submit commentary and book reviews – where the authors have sought to interrogate and discuss a key issue through a policy-oriented lens. See the ‘instructions for authors’ for details.

    Read, engage, and contribute

    This second bumper 2024 issue provides six intellectual slices into ideas, data and practices relevant to higher education policy. We smartly and optimistically advise that you download and perhaps even print out all papers, power off computers and phones, and spend a few hours reading these wonderful contributions. We particularly recommend this to aspiring policy researchers, researchers and consultants in the midst of their careers, and perhaps most especially to civil servants and related experts embedded in the world of policy itself.

    SRHE and the Editorial Office are looking ahead to a vibrant and strong future period of growth for PRiHE. A raft of direct and public promotion activities are planned. PRiHE is a journal designed to make a difference to policy and practice. The most important forms of academic engagement, of course, include reading, writing and reviewing. We welcome your contribution in these and other ways to the global PRiHE community.

    This blog is based on the editorial published in Policy Reviews in Higher Education (online 16 November 2024) A new mission for higher education policy reviews

    Professor Ellen Hazelkorn is Joint Managing Partner, BH Associates. She is Professor Emeritus, Technological University Dublin.

    Hamish Coates is professor of public policy, director of the Higher Education Futures Lab, and global tertiary education expert.

    Hans de Wit is Professor Emeritus and Distinguished Fellow of the Boston College Center for International Higher Education, Senior Fellow of the international Association of Universities.

    Tessa DeLaquil is postdoctoral research fellow at the School of Education at University College Dublin.

    Author: SRHE News Blog

    An international learned society, concerned with supporting research and researchers into Higher Education

    Source link

  • 2024 Election Results and Analysis of Future Policy Impacts

    2024 Election Results and Analysis of Future Policy Impacts

    by CUPA-HR | November 14, 2024

    The results of the 2024 election are in: Donald Trump will serve as the 47th president of the United States, while both the Senate and House of Representatives will be controlled by Republicans. With the Republican trifecta in the White House and Congress, Republicans can focus on passing their policy priorities through legislation in Congress and regulatory action at the federal agencies. CUPA-HR’s government relations team provides the following analysis to offer insight into possible leadership, policies and regulations we expect starting in January 2025.

    Federal Agencies and Congressional Committees

    Department of Labor

    The Department of Labor (DOL), overseen by the secretary of labor, directs policy and regulations for employers, workers, and retirees in the U.S. Throughout the election season, news organizations have speculated President-elect Trump’s potential picks for the secretary position, though who will be nominated will be unknown until Trump announces it. According to Politico, two possible candidates are Patrick Pizzella and Bryan Slater. Under the first Trump administration, Pizzella served as deputy secretary of labor and acting secretary of labor between former secretaries Alex Acosta and Eugene Scalia. Slater, who currently serves as Virginia’s secretary of labor, had also previously served as assistant secretary at DOL under the previous Trump administration.

    In addition to the secretary of labor, Trump will pick people to head the subagencies at DOL, including the Employee Benefits Security Administration, Occupational Safety and Health Administration, and Wage and Hour Division, among others. These agencies draft and implement regulations governing retirement and health benefits plans, workplace safety and health, and minimum wage and overtime pay requirements. Leaders of the DOL subagencies are typically selected later in the Cabinet-appointment process.

    National Labor Relations Board

    The party control of the National Labor Relations Board (NLRB) depends on actions taken by the Senate during the lame-duck session between the election and President-elect Trump’s inauguration. Current chair of the NLRB Lauren McFerran’s term is set to expire in December 2024, but she has been renominated to serve on the board for another five years by President Biden. Senate Democrats, who are likely to push for her confirmation now that the Senate and White House will be Republican-controlled in 2025, will need to vote to confirm her position, only needing a simple majority. If confirmed, NLRB would be under Democratic control until at least August 2026, more than a year and a half into the Trump administration, leaving President Trump unable to obtain a Republican majority on the board — and thereby control the policy at the NLRB — for nearly half of his second term.

    Despite possibly not having control of the NLRB, President Trump may choose to fire the NLRB General Counsel Jennifer Abruzzo (Democrat), whose term is not set to expire until July 2025. In 2021, President Biden terminated then-General Counsel Peter Robb (Republican) within hours of his inauguration, despite Robb’s term not ending until November of that same year. This was the first time any sitting president had fired a sitting general counsel at an independent agency for policy differences. Federal courts upheld Robb’s termination, so President Trump is highly likely to terminate Abruzzo immediately upon taking office. As a reminder, Abruzzo issued several memos stating her position regarding employment status for student-athletes, severance agreements, and disclosure obligations under the National Labor Relations Act and Family Educational Rights and Privacy Act, all of which would likely be rescinded by Trump’s NLRB general counsel appointee.

    Equal Employment Opportunity Commission

    Unless a commissioner leaves their post before their term expires, the Equal Employment Opportunity Commission (EEOC) will maintain a Democrat majority (currently 3-1, with one Republican seat vacant) until July 2026. Despite this, President-elect Trump is likely to appoint Commissioner Andrea Lucas to serve as chair of the EEOC. Lucas and the EEOC would be limited in their ability to adopt new policies or reverse actions taken by the Democrat-controlled commission prior to July 2026. At that time, we expect the Republican-controlled EEOC to issue revised guidance that narrows the scope of the agency’s interpretation of Title VII protections in light of Bostock v. Clayton County and the legality of diversity, equity, and inclusion (DEI) initiatives in employment practices, possibly extending legal principles established under the Students for Fair Admission v. Harvard case.

    Similar to the NLRB, we expect that President-elect Trump will replace the current EEOC General Counsel Karla Gilbride (Democrat). In her role, Gilbride has litigated on behalf of the EEOC in federal court, but the position typically does not provide policy recommendations to the full commission like the NLRB general counsel does.

    Department of Education

    The Department of Education (ED) oversees and implements policy and regulations governing federal assistance to education. With respect to higher education, ED governs issues like federal financial aid, Title IX compliance, and other laws aimed at promoting student success. Under the incoming Trump administration, Politico has speculated that there are a few possible contenders who could ultimately lead the agency.

    One possible candidate for ED’s secretary is Betsy DeVos, who served as secretary of education during Trump’s first term. During DeVos’ first term as ED secretary, she led the agency to implement the 2020 Title IX regulations that are still currently in place in 26 states and hundreds of schools around the country, pending legal challenges to the Biden administration’s rule. However, DeVos resigned from her position as secretary of education after the January 6, 2021, riots at the U.S. Capitol, which may lead the incoming Trump administration to search for new candidates. Despite her resignation, DeVos has indicated that she is open to discussions about potentially serving in the role again.

    As we also discuss below, Rep. Virginia Foxx (R-NC) will be stepping down from her role as chair of the House Education and the Workforce Committee, where she most recently led an investigation into antisemitism on campus in higher education. This, along with her previous experience serving as an English instructor and president of a community college, may set her up for a bid for the secretary position.

    Some additional names that have been discussed by Politico are Virginia Governor Glenn Youngkin, Oklahoma State Superintendent of Public Instruction Ryan Walters, and Moms for Liberty founder Tiffany Justice.

    House Education and the Workforce Committee

    Republicans held control of the House in the 2024 election, but there will still be some shakeup in leadership for the Education and Workforce Committee. Chair of the committee Virginia Foxx will be stepping down from her role, leaving open the Republican leader position of the Committee. The two front-runners to chair the committee are Reps. Tim Walberg (R-MI) and Burgess Owens (R-UT), both currently serving on the committee. Notably, Walberg has served on the committee for 16 years, and Owens currently serves as the chair of the Higher Education and Workforce Development Subcommittee. For Democrats, current ranking member of the committee Bobby Scott (D-VA) is expected to maintain his position as leader of the Committee Democrats.

    Walberg and Owens have both publicized their policy priorities. Walberg has stated that, under his leadership, the committee would focus on legislation to make college more affordable, boost apprenticeships, implement a short-term Pell grant for workforce training programs, and reauthorize the Workforce Innovation and Opportunity Act. Owens hopes to steer the committee with a more education-centric focus, stating that top priorities for him are school choice and oversight into how ED uses its funding.

    Senate Health, Education, Labor, and Pensions Committee

    Republicans in the Senate gained control during the 2024 election, flipping the previously Democrat-controlled chamber. As a result, Senator Bill Cassidy (R-LA) will likely rise to the role of chair on the Health, Education, Labor, and Pensions (HELP) Committee. Senator Bernie Sanders (I-VT) will shift into the ranking member position after serving as the chair of the full committee in the 118th Congress. Before his political career, Cassidy was a physician, meaning he could pivot the committee to focus more on health policy. Despite this, Cassidy has also advocated for the HELP committee to advance a Workforce Innovation and Opportunity Act reauthorization bill, and he has advocated for the committee to focus on other education issues as well.

    Policy Implications of the Election

    FLSA Overtime

    As you already know, the Biden administration is in the process of implementing their FLSA overtime regulations. The final rule took a two-phased approach to increasing the minimum salary threshold. The first increase raised the salary threshold to $43,888 per year and took effect on July 1, 2024. The second increase would raise the salary threshold to $58,656 per year and is set to take effect on January 1, 2025. The regulations are currently being challenged in a federal district court in Texas, where a preliminary injunction to block the rule from taking effect has been placed only for public employers in the state of Texas. It remains to be seen how the federal judge will rule on the lawsuits, though a hearing for the cases was held on November 8 and a ruling is imminent.

    As the Trump administration will not take office until after the January 1 threshold, the regulation will take effect, pending further appeals, if the final rule is upheld in federal court. If the rule is struck down, we expect the Trump administration will let the court’s decision remain and make no further effort to appeal the decision. If the Trump administration decides to increase the minimum salary threshold during this upcoming term, they will likely use the methodology from the 2019 rule to increase the threshold.

    Title IX

    Similar to the overtime final rule, the Biden administration issued Title IX regulations in 2024 that are also facing legal challenges. The Biden administration’s Title IX rule took effect on August 1, 2024, but several lawsuits challenging the rule have resulted in preliminary injunctions blocking ED from enforcing it in 26 states and hundreds of other schools in states that did not challenge the final rule.

    The Biden administration’s regulations replaced the previous Trump administration’s 2020 Title IX regulations. If the regulations are upheld in federal court, we expect that the incoming secretary of education will repeal the Biden administration’s regulations in favor of keeping the 2020 regulations in effect across the country.

    Immigration

    There are several policies and regulations that CUPA-HR has been tracking on the immigration front that face uncertain futures under the incoming Trump administration. During the first term, the Trump administration placed a proposed rule on the regulatory agenda aiming to restrict the Optional Practical Training  program, which allows international students who graduate from U.S. institutions to work in their degree-related field for at least 12 months after graduating. The Trump administration also finalized a couple of final rules that would have increased wage obligations for H-1B visas and narrowed eligibility for H-1B visas to positions that qualified as “specialty occupations.” These rules were struck down in court, so while Trump is unlikely to implement the same rules, we could see similar attempts to increase H-1B wage obligations and narrow the H-1B program.

    Additionally, the incoming Trump administration will likely look to reverse policies implemented by the Department of Homeland Security under the Biden administration, including dropping any appeal of the recent court ruling against the “Keeping Families Together” program for undocumented spouses and children of U.S. citizens, as well as rescinding the guidance to streamline the H-1B visa waiver process for Deferred Action for Childhood Arrivals (DACA) recipients. Similarly, if the Biden administration does not finalize the H-1B modernization rule before the end of his term, a new Trump administration may seek to implement a more restrictive version, reshaping the rule to reflect its own priorities rather than those outlined in the Biden administration’s October 2023 proposal.

    Legislative Priorities

    With Republicans controlling both the House and the Senate, legislative priorities should be mostly aligned between the two chambers and the White House. However, their ability to pass legislation will still depend on bipartisan support, as Republicans hold a narrow majority in the House and do not have a large enough majority in the Senate to bypass the 60-vote filibuster. Despite these challenges, we expect Republicans to focus on issues like paid leave, workforce development, and affordable college and workforce training.

    Though paid leave is a priority for both parties, Republicans and Democrats have previously not agreed on the best approach to establish it through federal legislation. In his first term, Trump and other Republicans backed paid leave legislation that allowed parents to collect a portion of their future child tax credits early to use for leave and receive smaller credits in the following years. This proposal ran counter to the Democrat-supported Family and Medical Insurance Leave (FAMILY) Act, which would establish a payroll tax to fund a paid family and medical leave program that can be used to pay workers who are new parents or who are caring for their own health issues or those of their family. Republicans and Democrats will need to find a compromise if they are to pass any paid leave legislation in the upcoming Congress, as they will need 60 votes in the Senate to bypass a filibuster.

    Despite their differences on paid leave, Republicans and Democrats have made bipartisan efforts to pass legislation to improve workforce development and create a short-term Pell grant. During this Congress, both the House and Senate have worked to pass legislation to reauthorize the Workforce Innovation and Opportunity Act, which serves as the nation’s primary federal workforce development legislation designed to help Americans receive training and support to obtain skills necessary for high-quality jobs and careers. Additionally, there has been bipartisan support to pass legislation that would expand the Pell grant program to cover short-term workforce development and training programs that are outside the traditional higher education path. Again, Republicans and Democrats will need to find consensus on these issues in order to bypass the Senate’s 60-vote filibuster, but bipartisan issues like workforce development and short-term Pell grants appear to have a possible path to becoming law.

    CUPA-HR is hosting a 2024 election analysis webinar on November 21 at 12 PM ET. Registration is free for CUPA-HR members. Additional updates will be provided through future blogs and Washington Insider alerts.



    Source link

  • Federal Judge Blocks NCAA Name, Image and Likeness Policy for Recruits Nationwide – CUPA-HR

    Federal Judge Blocks NCAA Name, Image and Likeness Policy for Recruits Nationwide – CUPA-HR

    by CUPA-HR | February 27, 2024

    On February 23, a federal judge with the District Court for the Eastern District of Tennessee issued a preliminary injunction barring the NCAA from enforcing its rules prohibiting name, image and likeness compensation for recruits. The injunction applies nationwide.

    The policy in question prohibited student-athletes from negotiating and signing NIL contracts prior to enrolling at a college or university. This meant NIL compensation could not be used to “induce” a recruit to a specific school. This policy stood in contrast to the NCAA’s policy for student-athletes already enrolled at a college or university, who, as of 2021, have been allowed to seek NIL compensation.

    In his decision, U.S. District Judge Clifton Corker explained, “The NCAA’s prohibition likely violates federal antitrust law and harms student-athletes.” He clarified, “Without the give and take of a free market, student-athletes simply have no knowledge of their true NIL value. It is this suppression of negotiating leverage and the consequential lack of knowledge that harms student-athletes.” He further argued that the NCAA “fails to show how the timing of when a student-athlete enters such an agreement would destroy the goal of preserving amateurism,” thereby not establishing rationale for treating recruits differently than enrolled student-athletes.

    The lawsuit was filed by the attorneys general of Tennessee and Virginia after the NCAA investigated the University of Tennessee for potential violations of the policy. The NCAA will likely appeal the case to the 6th U.S. Circuit Court of Appeals overseeing Tennessee, Kentucky, Ohio and Michigan, but in the meantime, reports indicate the organization is already considering potential policy changes.

    This case is only one of the lawsuits targeting the NCAA and its policies towards student-athletes. Several lawsuits are currently pending before various federal courts, alleging the NCAA in its current form violates federal antitrust law. Additionally, the National Labor Relations Board recently ruled that the Dartmouth men’s basketball team are employees of the university, allowing them to organize and schedule a union representation election for early March. The NLRB has also issued a complaint against the University of Southern California, the PAC-12 Conference and the NCAA, alleging the three have misclassified USC’s football and men’s and women’s basketball players as student-athletes rather than employees and that the three organizations are joint employers of the athletes.

    CUPA-HR will continue to monitor for and keep members apprised of any updates on these cases.



    Source link

  • December Policy Roundup: Paid Leave Policy, Pregnant Workers Fairness Act Regulations, and Workforce Development Initiatives – CUPA-HR

    December Policy Roundup: Paid Leave Policy, Pregnant Workers Fairness Act Regulations, and Workforce Development Initiatives – CUPA-HR

    by CUPA-HR | January 10, 2024

    Through December and into the new calendar year, federal government leaders kept busy with Congressional hearings and markups, new legislation, and proposed and final rules focusing on issues that may be of significance to higher education HR professionals. CUPA-HR tracked several actions from both Congress and federal agencies on issues including paid family leave, short-term Pell Grants, the Pregnant Workers Fairness Act, and workforce development.

    House Education and Workforce Committee Markup

    On December 12, 2023, the House Committee on Education and the Workforce held a full committee markup on H.R. 6585, the Bipartisan Workforce Pell Act, and H.R. 6655, A Stronger Workforce for America Act.

    The Bipartisan Workforce Pell Act aims to amend the Higher Education Act of 1965, allowing students to use Pell Grants for eight-week or longer educational programs. This bill also establishes quality control measures for Pell initiatives, enabling higher education institutions to participate if they meet specific criteria. The committee voted to move the legislation out of committee with 37 members voting in favor and 8 members voting against the bill.

    The next bill, A Stronger Workforce for America Act, seeks to renew and enhance the Workforce Innovation and Opportunity Act (WIOA). Originally established in 2014, WIOA has been extended through yearly appropriations since fiscal year 2021. The bill incorporates multiple measures to modernize WIOA, bolstering the country’s workforce development to better equip and retain workers. The bill passed through the committee with bipartisan support; 44 members voted in favor of and only one member voted against it.

    Paid Leave Request for Information

    On December 13, the Congressional Bipartisan Paid Family Leave Working Group published a Request for Information (RFI) for diverse stakeholder input to aid in the expansion of access to paid parental, caregiving, and personal medical leave nationwide. The members encouraged interested stakeholders to submit letters that answer these ten questions on the role the federal government can play in creating a national paid leave program.

    Responses must be submitted by January 31, 2024, and can be directed to [email protected], [email protected], [email protected], and [email protected]. CUPA-HR will continue to track developments and intends to collaborate with associate organizations to submit feedback on an as-needed basis.

    National Apprenticeship System Enhancement Proposed Rule

    On December 14, the Department of Labor (DOL) unveiled a proposed rule to modernize the regulations for Registered Apprenticeship programs. The 779-page proposal focuses on provisions to create “safeguards for apprentices to ensure that they have healthy and safe working and learning environments as well as just and equitable opportunities throughout their participation in a registered apprenticeship program,” while also creating baseline requirements for career and technical education apprenticeships, which would target high school and postsecondary students to programs that align more closely with programs found at institutions of higher education.

    DOL is providing a 60-day comment period for the proposed rule, which will commence once the regulation is posted in the Federal Register. CUPA-HR is analyzing the rule and will coordinate with other higher education associations as needed to file comments.

    Federal Transit Authority General Directive on Assaults on Transit Workers

    On December 20, the Department of Transportation (DOT)’s Federal Transit Administration (FTA) proposed a General Directive to address the ongoing national safety risk concerning assaults on transit workers. Transit agencies falling under FTA’s Public Transportation Agency Safety Plans directive would be instructed to conduct safety risk assessments, identify mitigation strategies, and report discoveries to FTA. Per the Bipartisan Infrastructure Law, transit agencies operating in urban areas must collaborate with the joint labor-management safety committees to reduce safety hazards.

    The deadline for submitting comments in the Federal Register is February 20, 2024, but late submissions may be considered. CUPA-HR is working with members and other higher education associations to determine the impact that this directive may have on transportation and HR services at institutions of higher education.

    Regulations to Implement the Pregnant Workers Fairness Act

    On December 27, the Equal Employment Opportunity Commission (EEOC) sent its final rule to implement the Pregnant Workers Fairness Act (PWFA) to the Office of Information and Regulatory Affairs (OIRA) for review prior to its publication in the Federal Register. The final rule will likely look very similar to the proposed rule that was issued in August 2023, which provides a framework for how the EEOC plans to enforce protections granted to pregnant workers under the PWFA.

    The EEOC was tasked by law with finalizing regulations to implement the PWFA by December 29, 2023. Given the missed deadline, OIRA may move quickly on its review of the regulations, and we could see the final rule published sometime between late January and late February. CUPA-HR is continuing to monitor for any updates and will keep members apprised of any new details that may arise in the final rule.



    Source link

  • Labor and Employment Policy Updates — October 2022 – CUPA-HR

    Labor and Employment Policy Updates — October 2022 – CUPA-HR

    by CUPA-HR | October 22, 2022

    As the 2022 midterm election nears, Congress has turned its focus to campaigning and essentially halted legislative action until after the election. Despite the lack of activity from Congress, federal agencies have continued to push forward with anticipated regulatory actions in the labor and employment policy area. This blog post details some of the regulatory activity CUPA-HR is currently monitoring, as well as a stalled nomination for a top position at the Department of Labor (DOL).

    NLRB Joint Employer Rule

    On September 7, the National Labor Relations Board (NLRB) issued a notice of proposed rulemaking (NPRM) on the joint employer standard. Generally speaking, the NPRM proposes to expand joint employer status to entities with indirect or reserved control over essential terms and conditions of employment.

    The NPRM establishes joint employer status of two or more employers if they “share or co-determine those matters governing employees’ essential terms and conditions of employment,” such as wages, benefits and other compensation, work and scheduling, hiring and discharge, discipline, workplace health and safety, supervision, assignment and work rules. According to the NLRB’s press release, the Board “proposes to consider both direct evidence of control and evidence of reserved and/or indirect control over these essential terms and conditions of employment when analyzing joint-employer status.”

    Comments in response to the proposal were originally due November 7, but after stakeholders requested an extension to the filing deadline the Board extended the comment period to December 7.

    Independent Contractor Rule

    On October 13, the DOL published an NPRM to rescind the current method for determining independent contractor status under the Fair Labor Standards Act. The current test finalized by the Trump administration in 2021 has two core factors of control and investment with three additional factors (integration, skill and permanency) that are relevant only if those core factors are in disagreement. The Biden rule proposes a return to a “totality-of-the-circumstances analysis” of multiple factors in an economic reality test, including the following six factors, which are equally weighted with no core provisions:

    • The extent to which the work is integral to the employer’s business;
    • The worker’s opportunity for profit or loss depending on managerial skill;
    • The investments made by the worker and the employer;
    • The worker’s use of skill and initiative;
    • The permanency of the work relationship; and
    • The degree of control exercised or retained by the employer control.

    Comments in response to the NPRM are due November 28.

    Jessica Looman Nomination

    On September 13, the Senate Health, Education, Labor and Pensions (HELP) Committee held a hearing on the nomination of Jessica Looman to serve as Administrator of the DOL’s Wage and Hour Division (WHD). Looman was officially nominated for the position in July 2022, months after Biden’s previous nominee David Weil failed to receive 50 votes to clear the Senate floor and become the WHD Administrator.

    Looman has not yet had a committee vote to move her nomination to a full Senate floor vote. It is unclear when a Senate HELP vote will take place, but is likely to come after the election in November. Regardless of the timing on a vote, Looman continues to carry out the WHD’s rulemaking agenda in her current role as the Principal Deputy Administrator.

    CUPA-HR will keep members apprised of any updates relating to the rulemakings and nomination discussed above.



    Source link