Tag: seeks

  • Education Department seeks delay in landmark borrower defense settlement

    Education Department seeks delay in landmark borrower defense settlement

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    Dive Brief: 

    • The U.S. Department of Education is asking a federal judge for an 18-month extension to decide borrower defense claims from students who were promised decisions by January — or automatic relief if their cases aren’t resolved by then. 
    • The nearly 200,000 borrowers still awaiting decisions are covered by a landmark 2022 settlement that promised automatic debt relief or timely decisions based on when borrowers filed claims and what institutions they attended.
    • The Project on Predatory Student Lending, a nonprofit legal firm representing the borrowers, urged the judge overseeing the case to reject the Education Department’s request for an extension. “It is time for the Department to hold to its commitments and move this Settlement to its final phase,” the group said in a Nov. 21 court filing. 

    Dive Insight: 

    The settlement in the Sweet v. McMahon case stems from a class-action lawsuit filed during the first Trump administration that accused the Education Department of stonewalling decisions on applications for borrower defense to repayment, a federal program that provides debt relief to students defrauded by their colleges. 

    The settlement divided borrowers into three groups. 

    It granted automatic relief to the first group, which was composed of roughly 200,000 borrowers who attended one of the 151 colleges listed by the department. The list was dominated by for-profit institutions, including both large chains that had shuttered and still-operating colleges. 

    The second group was promised timely decisions, or automatic relief if the Education Department didn’t meet certain deadlines. The agency told the court earlier this year it had resolved many of those cases, and will provide another update in December. 

    And the last group — which is now facing a potential delay — is composed of the 207,000 people who filed over 251,000 borrower defense claims after the settlement had been struck but before it received final court approval. 

    The Biden administration’s Education Department promised to make timely decisions on their cases — or else provide automatic relief to them by Jan. 28 of next year. Now, the department under President Donald Trump is requesting to move that deadline back to July 2027. 

    In a Nov. 6 court filing, the agency said it lacked the resources to quickly issue decisions on such a large pool of applications. 

    “The Department has not received the resources that are needed to adjudicate post-class applications — Congress repeatedly ignored requests for funding to increase staffing to the levels the Department deemed necessary to fully implement the settlement,” the agency said, adding that its Federal Student Aid office “has instead seen staffing dwindle at the time when resources for postclass adjudication are most needed.”

    Trump signed an order to close the Education Department to the “maximum extent appropriate and permitted by law” and has asked Congress to reduce its funding.  

    The Education Department has cut its staff roughly in half under Trump and moved to outsource its programs to other federal agencies without first seeking congressional approval — a move some say could be a violation of the law. 

    The department said it is now adjudicating about 1,500 borrower defense applications each month for the final settlement group. As of Oct. 31, it had issued decisions on almost 54,000 of the final group’s applications. 

    It projected that roughly 193,000 borrower defense applications covered by the settlement would still lack decisions by the January deadline. Those borrowers’ outstanding loan balances total $11.8 billion, the Education Department said in court documents. It also said about half of the group’s borrower defense claims have so far been denied. 

    In a statement Wednesday, Under Secretary of Education Nicholas Kent the Trump administration is requesting more time so taxpayers aren’t “burdened with discharges for ineligible borrowers.”

    “Although the Department has complied with the Court’s deadlines in good faith, the upcoming January deadline is unreasonable,” Kent said. “Without adequate time to review each outstanding borrower defense case, taxpayers could be forced to shoulder $6 billion in windfall discharges for ineligible borrowers, based on the Department’s current adjudication patterns.” 

    In response to the Education Department’s request, lawyers for the borrowers slammed the department’s request. 

    “Less than 12 weeks before the deadline, the Department reveals that not only is it behind schedule to meet that deadline, it never had a prayer of meeting the deadline,” they said. “Out of more than 251,000 Post-Class applications, it has adjudicated fewer than 54,000 — barely one-fifth.”

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  • UA chair seeks $770m for course fee cuts – Campus Review

    UA chair seeks $770m for course fee cuts – Campus Review

    The first public speech of the new Universities Australia (UA) chair Carolyn Evans called on taxpayers to chip in $770 million a year to restructure university course fees.

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  • UCLA consolidates IT, pauses faculty hiring as Trump administration seeks $1B payment

    UCLA consolidates IT, pauses faculty hiring as Trump administration seeks $1B payment

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    Dive Brief:

    • The University of California, Los Angeles has paused faculty hiring for the next academic year and is consolidating its cross-campus information technology teams as the public institution weathers financial attacks from the Trump administration on top of existing budget woes. 
    • In a community message Wednesday, two top UCLA leaders said they will “be prudent in making organizational changes, and do so in close collaboration with leaders across campus.” UCLA did not immediately answer questions Thursday about whether the IT consolidation will include layoffs.
    • The announcement follows a message late last week from Chancellor Julio Frenk, who noted the Trump administration is seeking $1 billion from the university over antisemitism allegations primarily related to a protest encampment on UCLA’s campus in 2024. 

    Dive Insight:

    In their message, UCLA Provost Darnell Hunt and Chief Financial Officer Stephen Agostini said the university was working with University of California system leaders to restore some $584 million in research funding cut off by the Trump administration. 

    “Our immediate priority is to sustain the research enterprise,” the officials said. “We are doing this via a thorough review process, grant by grant, alongside campus deans and faculty members.” 

    The funding cut followed U.S. Department of Justice allegations that UCLA broke civil rights law by not doing enough to protect Jewish and Israeli students from harassment. 

    At the center of those allegations was a spring 2024 pro-Palestinian protest encampment that UCLA leaders initially allowed to continue amid efforts to balance speech rights and campus safety. Less than a week later, they called police to break up the encampment. 

    The Justice Department has also launched a probe into whether the UC system discriminates against employees by allowing an antisemitic, hostile work environment. 

    Since Columbia University agreed to pay the federal government $221 million to settle similar allegations related to antisemitism, the Trump administration has reportedly sought payments from other high-profile colleges in its crosshairs. 

    Frenk recently panned the government’s effort to extract $1 billion from UCLA.

    “I want to be clear: The costs associated with this demand, if left to stand, would have far-reaching consequences,” Frenk said in a statement last week. “The impacts to society are very real, as it could threaten our ability to conduct life-saving and life-changing research. But the impacts to our university are just as real.”

    Last week, a federal judge ordered the National Science Foundation to restore grant funding potentially amounting to hundreds of millions of dollars. U.S. District Judge Rita Lin ruled that the cuts, made after the Justice Department announced its allegations, violated a prior court order in a lawsuit filed by UC researchers over mass grant terminations by the administration. 

    Even before the faceoff with the Trump administration, UCLA was shifting toward austerity as the wider UC system grappled with deficits. In fiscal 2024, UCLA posted an operating loss of $144.2 million, a sharp downturn from its positive operating income of $159.6 million the year before.

    Hunt and Agostini noted the university had already cut administrative unit budgets by 10%, started a hiring review process and curtailed travel spending. 

    The officials said that existing efforts to streamline and save money in the university’s operations have become a subject of “immediate and urgent focus” given the financial environment. 

    The IT reorganization is part of those efforts. The move involves consolidating teams distributed across UCLA’s campus. The goal is to “boost our cybersecurity readiness; ensure more equitable access to high-quality IT services; and free up resources to elevate teaching, research and innovation,” Hunt and Agostini said. 

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  • HACU Seeks to Fight Lawsuit Targeting HSIs

    HACU Seeks to Fight Lawsuit Targeting HSIs

    The Hispanic Association of Colleges and Universities, represented by the civil rights organization LatinoJustice PRLDEF, recently filed a motion to intervene in a lawsuit that takes aim at Hispanic-serving institutions.

    The lawsuit was brought against the U.S. Department of Education by the state of Tennessee and Students for Fair Admissions, the advocacy group whose lawsuits against Harvard and the University of North Carolina at Chapel Hill resulted in the U.S. Supreme Court ruling against affirmative action in college admissions. The lawsuit claims the federal designation for HSIs, which requires 25 percent Latino enrollment, is discriminatory and therefore unconstitutional.

    HACU, an association representing HSIs, argued in its motion that it should become a party to the lawsuit to stand up for the constitutionality of the HSI program. The organization suggested the Education Department is unlikely to vigorously defend the federal designation while it’s in the process of dismantling itself.

    Antonio R. Flores, president and CEO of HACU, said the lawsuit “directly undermines years of advocacy by our founding members that led the federal government to formally recognize HSIs in 1992.”

    “The HSI program is a vital engine of educational excellence, workforce readiness and opportunity for all students attending these exemplary learning communities,” Flores said in a statement. “HACU joins in defending the policies and resources HSIs need to educate and serve 5.6 million students from all backgrounds nationwide.”

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  • Union seeks delay in Education Department layoffs

    Union seeks delay in Education Department layoffs

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    U.S. Department of Education employees caught in the Trump administration’s reduction in force say they are being terminated against the terms of their bargaining agreement. The union representing them, American Federation of Government Employees Local 252, is seeking to delay the department’s termination date as a result. 

    It filed a grievance against the department on Wednesday, claiming the new Aug. 1 termination date only gives employees two weeks rather than the required 60-day notice. The department put in place the new termination date after a recent U.S. Supreme Court decision greenlighting the layoffs.

    On July 14, the Supreme Court allowed the department to move forward with a mass termination of over 1,000 employees originally announced in March. The department, in turn, notified employees that their new separation date was Aug. 1 rather than the previously announced date of June 9 — which got delayed due to the legal challenges. 

    The union claims, however, that the department must re-start its RIF process — which requires longer notice than two weeks and a briefing — since it walked back its March RIF due to blocks from the lower courts.

    During that time, the department sent RIF’d employees multiple emails over the course of a few months saying they were planning for the employees’ reentry into the office, the AFGE Local 252 grievance document says. “We are actively assessing how to reintegrate you back to the office in the most seamless way possible,” a June 6 email from the department told employees on administrative leave. 

    The Education Department, however, says its termination date set two weeks after the Supreme Court’s decision complies with the 60-day notice period required within the collective bargaining agreement. 

    “The CBA does not specify that the agency must provide 60 consecutive days’ notice,” said Madi Biedermann, deputy assistant secretary for communications, in an email to K-12 Dive. “ED is now providing affected employees with, in total, more than 60 days’ notice.” 

    The union’s grievance is the latest wrinkle in the Trump administration’s efforts to wind down the department, which have been met with resistance and criticism from former department employees, lawmakers and some public education advocates concerned about the agency’s effectiveness with only half of its staff remaining. 

    While these wrinkles unfold, the department has been spending $7 million in taxpayer dollars per month to pay workers on leave.

    That dollar amount is only for 833 of the 962 laid-off Education Department workers that the union represents and whom it was able to reach for its analysis. Thus, much more than $7 million is actually being spent per month to keep the more than 1,300 laid-off employees on payroll.

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  • Louisiana Seeks to Join Florida’s New Accreditor

    Louisiana Seeks to Join Florida’s New Accreditor

    Louisiana will join the new accrediting body Florida established earlier this month in conjunction with five other states, according to an executive order Gov. Jeff Landry signed Tuesday.

    Florida governor Ron DeSantis announced the formation of the new accreditor, the Commission for Public Higher Education (CHPE), last month, decrying higher education’s “woke ideology” and vowing to take down the “accreditation cartel.” CPHE’s business plan said the idea arose from “growing dissatisfaction with current practices among the existing institutional accreditors and the desire for a true system of peer review among public institutions.”

    In addition to the state university system of Florida, Louisiana now aims to join public university systems in Georgia, North Carolina, South Carolina, Tennessee and Texas in switching to the new accreditor.

    “Louisiana stands to benefit from early engagement with CPHE, both by diversifying accreditation options and by shaping the standards and procedures that align with the public mission of its institutions,” Landry’s executive order said. “CPHE will focus on student outcomes, streamline accreditation standards, focus on emerging educational models, modernize the accreditation process, maximize efficiency, and ensure no imposition of divisive ideological content on institutions.”

    The order establishes a task force “to lead statewide engagement on accreditation reform aligned with institutional autonomy, academic excellence, and federal requirements.”

    Landry will appoint the 13 members of the task force, which is required to reports its findings and recommendations no later than January 30, 2026.

    CPHE still needs to secure recognition from the Department of Education, a process that could take years. In the meantime, higher ed institutions can retain their current accreditors, according to the CPHE business plan.

    Louisiana’s public institutions are currently accredited by the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC).

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  • UVA Seeks Nominations for Interim President

    UVA Seeks Nominations for Interim President

    The University of Virginia is searching for an interim leader.

    The University of Virginia is accepting nominations for an interim president to replace former executive James Ryan, who announced his resignation late last month under pressure from the Department of Justice. Ryan officially stepped down last Friday.

    The nomination form will remain open to all members of the university community through July 25. Then the board will conduct a series of listening sessions with faculty, staff, division leaders and students.

    “The Board of Visitors is committed to working closely with members of our community to hear their perspectives and ensure stability and continuity going forward,” board rector Rachel Sheridan said in a news release. “Shared governance is a core value of this institution and we will uphold it as we pursue the selection of an interim president, as well as our 10th university president after that.”

    In the meantime, Jennifer Wagner Davis, the university’s chief operating officer, is serving as acting president.

    The Justice Department had accused Ryan and the flagship institution of failing to eliminate all DEI programs on campus, violating Title VI of the Civil Rights Act, which prohibits discrimination based on race, color and national origin. The letters said that Ryan and his “proxies” had made “little attempt to disguise their contempt and intent to defy these fundamental civil rights.” But the Trump administration has said multiple times that it did not demand Ryan’s resignation verbally or via the letters.

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  • AAERI seeks visa overhaul for Australia’s student system

    AAERI seeks visa overhaul for Australia’s student system

    The Association of Australian Education Representatives in India (AAERI), in a submission to the Minister for Home Affairs and the Minister for Education, has urged the Labor government to link student visas to the institution of initial enrolment.

    The association, established in October 1996 to uphold the credibility of education agents recruiting students for Australian institutions, proposed that any change in course or institution should require a new visa application, with the existing visa automatically cancelled upon such a change.

    “This proposed reform means that a student’s visa would be directly linked to the education provider (institution) listed in their initial Confirmation of Enrolment (CoE) at the time of visa approval. The student would be required to remain enrolled at that institution,” read a statement by AAERI.  

    The association expalined that if a student wishes to change their course or education provider, they must obtain a new CoE from the new institution, apply for a fresh student visa, and once again demonstrate that they meet all Genuine Student requirements.

    “Such a measure will strengthen the integrity of Australia’s student visa program, reduce exploitation in the education sector, improve compliance with Genuine Student (GS) criteria, and safeguard Australia’s reputation as a provider of high-quality international education,” it added. 

    “Additionally, this reform will support ethical education agents and reputable institutions by discouraging course-hopping and misuse of the student visa system, thereby enhancing student retention and sector stability.”

    Such a measure will strengthen the integrity of Australia’s student visa program, reduce exploitation in the education sector, improve compliance with Genuine Student (GS) criteria, and safeguard Australia’s reputation as a provider of high-quality international education.
    AAERI

    Based on AAERI’s submission, such a policy would align with Condition 8516, which requires students to remain enrolled in a registered course at the same level or higher than the one for which their visa was originally granted.

    As per reports, education loan applications from India, one of Australia’s biggest student markets, have quadrupled since the Covid pandemic, with the number of loan-seeking students expected to rise further.

    With many students relying on Indian public and private banks for education loans, changes in their courses in Australia have often led to their original loans being considered void, placing many at significant financial risk.

    “Based on our communication with several Indian banks, if a student changes their course or education provider after arriving in Australia, their loan arrangements may need to be reassessed, taking into account new course fees, institution credibility, and repayment ability,” stated AAERI. 

    “The original loan is void and stands suspended. This poses significant financial risks for students and impacts their compliance with visa conditions.”

    According to AAERI, the problem is also prevalent among Nepali students, with nearly 60,000 currently studying in Australia. 

    The association also highlighted examples from other study destinations that Australia can learn from in implementing the proposed framework. 

    While New Zealand allows course or provider changes but may require a variation of conditions or a new visa, especially for pathway visa holders or when moving to lower-level courses, in the UK, the student visa system is closely tied to licensed sponsors through the Confirmation of Acceptance for Studies, so changing institutions generally requires a new CAS and immigration permission.

    In Canada, stricter rules have been implemented requiring international students to be enrolled at the Designated Learning Institution named on their study permit, and to change institutions, students must apply for and obtain a new study permit, emphasising the importance of linking visas to specific institutions.

    “Australia’s recent reforms, such as closing the concurrent CoE loophole and requiring CoEs for onshore visa applications, are steps in a similar direction but do not go far enough to address the core issue of unethical student poaching, misuse of student visa and provider switching,” stated AAERI. 

    AAERI’s call for action comes at a time when the return of the Labour government is viewed as “offering little comfort to an international education sector already under-siege”, as highlighted in a recent article by Ian Pratt, managing director of Lexis English, for The PIE News.

    In Anthony Albanese’s second term, the Prime Minister established a new role – assistant minister for international education – and appointed Victorian MP Julian Hill.

    “It’s important that students who come here get a quality education… This sector is complex and Julian Hill is someone who’s been involved as a local member as well, and I think he’ll be a very good appointment,” Albanese stated at a press conference this week. 

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  • Julie Su’s Confirmation for DOL Secretary Uncertain as Senator Manchin Seeks Alternative Nominees

    Julie Su’s Confirmation for DOL Secretary Uncertain as Senator Manchin Seeks Alternative Nominees

    In the latest development on Julie Su’s contentious nomination for secretary of the Department of Labor (DOL), Sen. Joe Manchin (D-WV) appears unlikely to vote in favor of Su when her nomination reaches a floor vote in the Senate. Recent news reported that Manchin may be seeking alternative candidates for the position, though no names have been publicly revealed at this time. Given the current 51-49 Democratic majority in the Senate, however, Manchin’s potential opposition means Democrats cannot afford to lose any additional support for the nomination.

    The odds may be further stacked against Su as Sens. Krysten Sinema (I-AZ) and Jon Tester (D-MT) have yet to reveal whether they will support Su’s nomination. Although Manchin, Sinema and Tester all caucus with Democrats, they face reelection in 2024 in Republican-leaning states, leaving them in a precarious position as Republicans are seemingly united in opposing Su.

    Nomination Hearing and Committee Vote 

    On April 19, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing on Su’s nomination to serve as secretary of labor. During the hearing, Republicans and Democrats discussed Su’s performance as the secretary of California’s Labor and Workforce Development Agency (LWDA), including her involvement in the agency’s handling of COVID-19-related unemployment insurance payments. Republicans on the committee pointed to the widespread COVID-19 unemployment insurance (UI) fraud paid out by the state. On the other side of the aisle, Democrats defended Su’s record. With regard to the UI fraud, Democrats held that California’s statistics were low in comparison to other states.

    The hearing also focused on several key labor and employment issues that Su will work on as secretary of labor. On the topic of independent contractor classification, Republicans again focused on Su’s work at the LWDA, calling attention to her role in California’s Assembly Bill 5 law. The law establishes an ABC test, which is a three-pronged test used to classify workers as either employees or independent contractors. Republicans expressed concerns over whether Su would try to implement an ABC test through DOL regulations. In response, Democrats clarified that the ABC test is not included in the DOL’s new proposed rulemaking and that the DOL has previously stated that it lacks the legal authority to implement this test for classifying independent contractors.

    Another issue area raised by Republicans was that of joint employment. Although her support for the joint employment standard was questioned, Ranking Member Bill Cassidy (R-LA) testified that Su has committed to not pursue changes to the joint employer standard if she is confirmed. Su said she understands the importance of the franchising model, stating that there is no plan currently on DOL’s fall or upcoming spring regulatory agenda to change the standard. Notably, she did not say whether there would be a rulemaking on the joint employer issue after the upcoming spring regulatory agenda.

    A week after the hearing, the Senate HELP Committee voted to move Julie Su’s nomination to serve as secretary of labor out of committee and to a full Senate floor vote. The committee vote was divided along party lines, with 11 Democrats voting in favor and 10 Republicans voting against her nomination, foreshadowing the trouble she may face to be confirmed by the full Senate.

    Next Steps 

    Given Manchin’s likely opposition and the narrowly divided Senate, Su’s confirmation as secretary of labor by the full Senate is still uncertain. If Sinema or Tester also commits to opposing Su, Su will likely not have the votes to be confirmed. As a result, Senate Majority Leader Chuck Schumer (D-NY) has yet to announce when the vote on Su’s nomination will hit the Senate floor.

    In the meantime, Su will continue to serve as the acting secretary of labor in the absence of a person confirmed into that position. As a reminder, there are no limitations on the functions of an acting secretary, leaving Su with full authority over the DOL while her nomination is pending. That being said, anticipated rulemakings from DOL, such as the FLSA overtime rule and the independent contractor classification rule, may be held back from publication as a result of Su’s drawn-out nomination process.

    CUPA-HR will keep members apprised of any major personnel or regulatory updates from DOL.

    The post Julie Su’s Confirmation for DOL Secretary Uncertain as Senator Manchin Seeks Alternative Nominees appeared first on CUPA-HR.

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