Tag: Senate

  • Senate Outlines Plans for Endowment Tax Hike

    Senate Outlines Plans for Endowment Tax Hike

    The Senate Committee on Finance is proposing to raise the endowment tax on private colleges and universities, but not to the extent the recently passed bill in the House calls for, according to a draft plan released Monday.

    The less dramatic excise tax tops out at 8 percent for the wealthiest institutions, compared to 21 percent in the House plan, but the Senate’s proposal keeps the House’s tiered rate structure, with some colleges paying more depending on the value of their endowment per student. The current rate for affected institutions is 1.4 percent.

    Institutional lobbyists and college presidents have warned that the sharp increase in the House plan would hurt their ability to provide need-based aid and be debilitating for some low-income students. Although the Senate’s iteration offers some relief, it’s not as much as they hoped for.

    “The Senate version of the so-called endowment tax is better, but it’s still bad and harmful tax policy,” said Steven Bloom, assistant vice president of government relations​​ at the American Council on Education. “They’re going to take money that would likely have been devoted to financial aid and research and other academic purposes on campus, and they’re going to send it to Washington, where it’s used largely for purposes unrelated to higher education.”

    The Senate committee’s plan, like the House proposal, also still exempts religious colleges and requires colleges to take international students out of the total roll call when calculating the endowment’s value per student. If passed, this stipulation would increase the tax rate significantly for institutions like Columbia University that have 20 percent or more foreign students.

    The finance committee legislation, which also includes cuts to Medicaid that could put pressure on states’ budgets, is part of a broader package of bills that would make significant changes to higher education policy and cut spending and taxes in order to pay for President Donald Trump’s priorities, which include increased deportations and tax cuts for the wealthy. The House version of the reconciliation bill known as the One Big Beautiful Bill Act passed by a one-vote margin last month. Senators are aiming to pass their version by July 4 and only need 51 votes thanks to the reconciliation process, as opposed to the traditional 60 votes.

    Unlike the House proposal, colleges that don’t accept federal financial aid would be exempt from the tax entirely. Hillsdale College president Larry Arnn blasted the House plan in an op-ed last month as an attack on the institution’s independence. (Hillsdale doesn’t participate in the federal financial aid system.)

    “The resources entrusted to Hillsdale College are not drawn from the public treasury,” Arnn wrote. “They are given freely by those who believe in our mission. To tax these gifts is to tax philanthropy itself—to burden those who would lift burdens. It is to weaken those who do good precisely because they are free to do it. It weakens them and strengthens the federal government, reversing the order intended by our Founders.”

    Hillsdale wasn’t the only college that pushed back on the rate increase. In recent weeks, private institutions big and small have pitched their own alternatives to Congress.

    Some of the largest and wealthiest research institutions that would be affected by the tax—such as Harvard, Stanford and Princeton Universities—pledged to spend 5 percent of their endowment’s value annually in exchange for a much lower 2.4 percent endowment tax rate, The Wall Street Journal reported. Bloom agreed that if the tax is to increase, he would like to see some kind of incentive introduced, like financial aid spending thresholds, to mitigate the tax rate.

    “They’ve created no incentive for schools to behave in ways that we believe that they would want schools to behave,” he said.

    Other institutions suggested that the tax rate should be based on what percentage of endowment revenue an institution spends each year on student financial aid or how many students enrolled come from a low-income background and receive the federal Pell Grant.

    A coalition of 24 smaller institutions, including Grinnell and Davidson Colleges, which would be hit hardest by the House endowment tax, proposed adjusting the excise rate based on the number of students enrolled. Colleges with fewer than 5,000 students have a different economic model than an institution with 30,000, they said.

    Grinnell president Anne Harris, who spent part of the last week educating lawmakers about the harm of the increased endowment tax, said Monday evening that the Senate plan still disproportionately burdens smaller institutions. She noted that her institution will likely still face the maximum 8 percent tax.

    “I deeply appreciate all the work that’s gone on and clearly all the consideration that has informed what we’re seeing this afternoon, but having said that, the current proposal still disproportionately burdens small colleges,” Harris said. “You’re going to find a school like Grinnell College with 1,700 students, a small college in a rural setting, bearing a much greater burden of this tax than a research institution in a large city.”

    She could only speculate that senators stuck with a tiered structure for simplicity, but added that “the simple fix” would be to make a stipulation that places all small private colleges in the lowest bracket and maintain the current 1.4 percent tax rate.

    Harris is hopeful that there will still be further opportunities for compromise and said she will continue to advocate for small liberal arts institutions like her own. But in the meantime, her executive team will also continue to plan out all the possible scenarios to figure out the best course of action to protect student aid if the bill passes as it currently stands.

    “All responsible options that provide the most money for financial aid and mission fulfillment are on the table as part of our scenario planning with the board,” she said.

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  • Senate HELP Committee Releases Big Beautiful Bill

    Senate HELP Committee Releases Big Beautiful Bill

    Kevin Dietsch/Getty Images

    Senate Republicans want to eliminate so-called “inflationary loans,” stop federal aid to degrees that leave students worse off and expand the Pell Grant to workforce training programs as part of a draft plan released late Tuesday evening to overhaul higher education policy. 

    The 71-page legislation is part of the Senate’s response to the One Big Beautiful Bill Act, which passed the House last month and is designed to fund President Donald Trump’s tax cuts, his crackdown on immigration and other top agenda items.

    The Senate Health, Education, Labor and Pensions committee drafted the higher education portion of the legislation. As expected, the plan mirrors the House bill in many ways as it calls for significant changes to the federal student loan system. For instance, both plans would end the Grad Plus loans and restrict the Parent Plus program.

    But the Senate has a different plan to hold colleges accountable, nixing the House’s proposed risk-sharing model, under which colleges would have to pay a fee for their graduates’ unpaid loans, for a measure like gainful employment. Under the Senate plan, colleges would have to report their average postgraduate income levels and could lose access to federal aid, depending on students’ earnings and debt. The Senate bill also omits a provision from the House bill that would exclude part-time students from the Pell grant. Overall, the changes in the Senate bill would save $300 billion over 10 years compared to the House bill, which would save $350 billion.

    “American higher education has lost its purpose. Students are graduating with degrees that won’t get them a job and insurmountable debt that they can’t pay back,” said Sen. Bill Cassidy, the Republican chair of the HELP committee, in a news release.  “We need to fix our broken higher education system, so it prioritizes student success and ensures Americans have the skills to compete in a 21st century economy. President Trump and Senate Republicans are focused on delivering results for American families and this bill does just that.”

    Lawmakers are using the process known as reconciliation to advance the legislation, so it only needs 51 votes to pass the high chamber instead of the typical 60 votes. But before senators can vote, the Senate Budget committee and then the parliamentarian will have to scrutinize the various provisions and ensure they adhere to the reconciliation rules. For example, the policy changes must have a budgetary impact and be within the jurisdiction of the committee that proposed it. 

    President Donald Trump has set an ambitious July 4 deadline to sign the measure into law, which would require quick action from the Senate.

    From the beginning of the Trump administration in January, House Republicans have been pushing a more radical plan with steep cuts to key welfare programs like Medicaid, the Supplemental Nutrition Assistance Program, and, most recently, student financial aid like the Pell Grant. Meanwhile, senators have talked about more modest, though still significant, spending cuts. 

    Now, Republicans from both chambers will have to get on the same page if they want to meet their deadline. All the while, lobbyists, policy analysts and political figures—including ex-Trump advisor, Elon Musk—are expected to come at the bill from every angle with critiques.

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  • Top takeaways from OCR nominee’s Senate confirmation hearing

    Top takeaways from OCR nominee’s Senate confirmation hearing

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    The U.S. Department of Education’s Office for Civil Rights is undergoing a slew of changes, including a significantly increased caseload after the Trump administration let go of hundreds of its employees. With the nomination of Kimberly Richey to fill the role of assistant secretary for civil rights, it’s likely the office tasked with enforcing equal educational access will shift even more.

    Right now, attorneys are juggling on average 115 cases, according to Sen. Patty Murray, D-Wash., who shared the number with witnesses at a Thursday nomination hearing held by the Senate’s Health, Education Labor and Pensions Committee. 

    Prior to the March layoffs that resulted in the shuttering of seven out of 12 OCR offices nationwide, attorneys tasked with protecting the civil rights of students and educators had about 42 cases on their plate. That caseload was characterized as “untenable” by the former assistant secretary for civil rights, Catherine Lhamon, and had prompted former U.S. Education Secretary Miguel Cardona to advocate for an increase in the office’s funding under the Biden administration.

    Murray said the newer caseload was now “making it difficult for those investigators to meaningfully investigate discrimination and to protect students’ rights.” 

    Thursday’s hearing was held to discuss the nomination of Richey to lead OCR, among nominations of other officials such as Penny Schwinn to be deputy secretary of education. Richey served under the first Trump administration as acting assistant secretary for the Office of Special Education and Rehabilitative Services and then as acting assistant secretary for civil rights.

    Being ‘strategic’ with resources

    When asked by multiple Democratic senators about how she would navigate a backlog of OCR complaints — which exceeds 25,000, said Murray — with half of the office’s former headcount and a budget that would be significantly slashed under President Donald Trump’s FY 26 proposal, Richey said she would have to be “strategic.” 

    “One of the reasons why this role is so important to me is because I will always advocate for OCR to have the resources to do its job,” said Richey. However, she dodged questions about whether OCR had enough resources to do its job under Trump’s first administration.  

    “I think that what that means is that I’m going to have to be really strategic if I’m confirmed, stepping into this role, helping come up with a plan where we can address these challenges,” she said.

    That would include evaluating the current caseload and determining where complaints stand in their investigative timeline. It would also include looking at the current staff distribution and organizational structure of OCR, and helping Secretary of Education Linda McMahon come up with a plan to “ensure that OCR is able to meet its mission and its statutory purpose to prioritize all complaints.”

    Richey said that rather than put certain investigations on pause, as has been the case under the second Trump administration, she would prioritize all complaints that fall at OCR’s footsteps.

    Changes in Title IX enforcement

    Richey raised the eyebrows of some Republican leaders when she said that she would enforce Title IX, the anti-sex discrimination statute, to protect LGTBQ+ students from discrimination based on gender identity and sexual orientation. The Trump administration and Republican leaders have prioritized enforcing the statute to exclude transgender students from women’s and girls’ athletics teams, locker rooms and other facilities. 

    When pressed, however, Richey clarified that she would enforce Title IX to protect LGTBQ+ students in a narrow number of cases, related to different treatment, bullying and harassment. 

    “We would also look at the relevance of sex in our cases,” Richey said. “Sex is relevant in regards to restrooms, and sex is relevant in regards to locker rooms and sex is relevant in regards to athletics.” 

    The Biden administration’s interpretation of Title IX following the Supreme Court’s decision in Bostock v. Clayton County protected LGTBQ+ students, including transgender students, on athletic teams in some cases. It prohibited blanket bans of transgender students from athletics.

    “That is not what we did under President Trump’s first term, and that is not what we will do under President Trump’s second term,” she said. 

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  • Senate Dems Grill Trump’s Pick to Lead Civil Rights Office

    Senate Dems Grill Trump’s Pick to Lead Civil Rights Office

    Kimberly Richey, a Florida education official, made her case Thursday about why she should lead the Education Department’s Office for Civil Rights, pledging “unwavering” support of the administration’s priorities such as protecting Jewish students.

    “Should I be confirmed as assistant secretary for civil rights, I will proudly be joining an administration that will not allow students to be intimidated, harassed, assaulted or excluded from their institutions,” she said in her opening remarks.

    But repeatedly throughout the hearing, Democratic senators interrogated her on how she plans to address a massive backlog in complaints—which one senator said has more than doubled since Trump took office, to 25,000—with a reduced staff.

    “This administration has fired more than half of the staff at OCR, and President Trump is now asking, in his budget, to slash that by $49 million next year, so explain to me how those firings and that funding cut will help reduce that backlog? I want to understand how you’re going to square that circle,” Sen. Patty Murray, a Democrat from Washington, asked early on in the hearing.

    Richey mostly avoided answering the questions, arguing that she had not yet assumed the role of assistant secretary and, therefore, had no say in the recent changes to OCR.

    “As a nominee, I do not have access to information with regard to the decisions that are being made at the department,” Richey responded. “I’m not in communication with OCR leadership or the secretary. One of the reasons why this role is so important to me is because I am always going to advocate for OCR to have the resources it needs to do its job. I think that what it means is I’m going to have to be really strategic, if I’m confirmed, stepping into this role, helping come up with a plan where we can address these challenges.”

    Several others doubled down on Murray’s line of questioning, including Sen. Andy Kim, a New Jersey Democrat, who asked Richey if antisemitism was getting worse in America. When she said it was, he questioned how cutting OCR staff is conducive to fighting antisemitism on college campuses. She reiterated her answer to Murray’s question, saying, “I can’t explain or provide information on decisions I wasn’t involved in.”

    Richey was one of four people who testified Thursday before the Senate Health, Education, Labor and Pensions Committee. She and the nominee for deputy secretary of education, Penny Schwinn, fielded the bulk of the committee’s questions as lawmakers pressed for answers about the OCR’s operations and priorities, proposed budget cuts, and the president’s plans to dismantle the Education Department. The senators didn’t vote on whether to advance the nominations to the Senate floor; that step will likely occur at a later meeting.

    Richey is currently senior chancellor for the Florida Department of Education and has twice served in OCR before, including a brief stint as acting secretary of civil rights at the end of Trump’s first term and the beginning of Biden’s presidency. Her confirmation hearing comes months after the Trump administration slashed more than half of OCR’s staff, including shuttering seven of the 12 regional offices dedicated to investigating complaints. The office has also reportedly begun prioritizing opening cases regarding trans women athletes and antisemitism since Trump’s second term began, letting other cases pile up and go unaddressed, according to multiple news reports.

    In the confirmation hearing, Richey expressed strong support for those causes, stressing that she led OCR when it investigated one of the federal government’s earliest cases against a school for allowing a trans woman to play on a women’s sports team.

    “I’m certainly committed to vigorously enforcing it and continuing to pursue these cases,” she said.

    In response to a different question, though, she did say that OCR would investigate certain complaints of discrimination related to gender identity and sexual orientation—an answer that appeared to incense Republican senator Josh Hawley of Missouri.

    “I want to be crystal clear on this—I think it’s a very dangerous thing to start allowing this into Title IX, which, as you know, it is a landmark statute, it is vitally important, and it has been under attack for four long years,” he said, asking her to confirm that OCR will “go after” colleges and universities that allow trans women to play women’s sports.

    He also warned Richey that she should “rethink” her position that OCR can investigate discrimination based on gender identity.

    Sen. Angela Alsobrooks, a Democrat from Maryland, pressed Richey on whether she would continue OCR’s new system of prioritizing cases regarding antisemitism and trans athletes, asking if all forms of discrimination should be treated with equal importance.

    Richey told Alsobrooks she does believe “it’s important to vigorously enforce all of the federal laws that OCR is responsible for enforcing.” Later in the hearing, she noted that Education Secretary Linda McMahon is “prioritizing” removing trans women from women’s athletics, and she plans to do the same if confirmed.

    Schwinn, who was formerly Tennessee’s commissioner of education, received most of the panel’s questions about the Trump administration’s efforts to dismantle the education department. In response a question from Sen. Jim Banks, an Indiana Republican, about what steps would be required to dismantle the department, she stated that she “would certainly work, if confirmed, with the secretary and with Congress on any actions related to the role of the department” and that she believes in equipping states with legislation and funding that will help them improve their own educational systems.

    “A department or an agency in the federal government is not going to change the outcomes of students—the teacher in the classroom is going to teach the standards that are approved by that state. The parent is the parent of that child. What we need to do is ensure we’ve created a system that is going to drive outcomes,” she said. “That is not going to happen from the federal government, whether there is a Department of Education or not.”

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  • Higher education postcard: University of Cambridge, the Senate House

    Higher education postcard: University of Cambridge, the Senate House

    Greetings from Cambridge!

    Today’s card shows the Senate House at the University of Cambridge. Building started in 1722, the Senate House opened in 1730, and it was completed in 1768 (yes, that is the right order of events). It was designed by the Jameses Gibbs and Burroughs (the latter being master of Gonville and Caius); woodwork by James Essex the Elder; and ceiling plaster by Artari and Bagutti.

    As the name suggests, it was built as a meeting place for the university’s senate. And until 1926, the senate was a very big deal at Cambridge, being the governing body, in charge of everything. And since its members comprised everybody who held a Cambridge MA, it was a quite a thing to get a decision made. (I’ve blogged previously on the Microcosmographia academica, which is concerned with the politics of getting things agreed within the University of Cambridge senate).

    In 1926 things took a turn for the senate – its governance functions were given to the Regent House. Senate is now mostly responsible for electing the university’s chancellor and for electing the High Steward, who oversees senate procedure.

    There’s currently an election on for the University of Cambridge chancellor, which is all very exciting. For certain values of exciting. There’s ten candidates, including a big ticket HE name (Lord John Browne, he of the Browne review); big political names (former MP and cabinet minister Lord Chris Smith; Brexit campaigner Gina Miller); and the ubiquitous Sandi Toksvig. Voting takes place in person at the Senate House for two days in July; or online for about a week in July.

    When it’s not being used for cancellarial (it’s a real word, honest) elections – which is most of the time, in fact – Senate House is also used for graduation ceremonies at Cambridge. I’ve written before about one aspect of these; safe to say that there’s lots of other local peculiarities. At Cambridge, for example, each graduation is a separate decision of the governing body, so a special meeting of the Regent House (and before then, of the senate) is held for each ceremony. I suspect this may be where be get the notion of the degree congregation, which language I’ve heard used at other universities.

    There’s also an order of precedence for the colleges at graduation, established in the Statues and Ordinances. It is: King’s College, Trinity College, St John’s College, Peterhouse, Clare College, Pembroke College, Gonville and Caius College, Trinity Hall, Corpus Christi College, Queens’ College, St Catharine’s College, Jesus College, Christ’s College, Magdalene College, Emmanuel College, Sidney Sussex College, Downing College, Girton College, Newnham College, Selwyn College, Fitzwilliam College, Churchill College, Murray Edwards College, Darwin College, Wolfson College, Clare Hall, Robinson College, Lucy Cavendish College, St Edmund’s College, Hughes Hall, and Homerton College. And this isn’t strictly the order in which the colleges were established or admitted as colleges. If anyone knows why, please let me know!

    Senate House has seen its share of high jinks. Most notable, perhaps, is the 1958 incident where students contrived to place an Austin Seven on its roof. Here’s the Liverpool Daily Post, reporting with an admirable straight face on plans for its retrieval.

    Eagle eyed readers may remember that this stunt was followed by a similar, suspending an Austin from the Bridge of Sighs.

    Here, as always, is a jigsaw of the card – hope you enjoy it.

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  • What to Expect as the Senate Tackles Reconciliation

    What to Expect as the Senate Tackles Reconciliation

    The clock is ticking for Senate Republicans as they rush to approve a sweeping bill that cuts spending and taxes and pays for some of President Donald Trump’s top agenda items by the Fourth of July.

    If passed, the complex piece of legislation—known as the One Big Beautiful Bill Act—could entirely reshape the student loan system, increase endowment taxes, force colleges to repay their students’ unpaid loans and significantly cut Medicaid, among other changes.

    The House passed the measure late last month, putting the ball in the Senate’s proverbial court. But key senators have since said little about the higher ed provisions in the bill, so it’s unclear what lawmakers in the upper chamber will prioritize. Higher ed experts predict risk-sharing, or the plan to require colleges to pay a penalty for unpaid loans, likely won’t survive. Other issues, like whether to change the eligibility criteria for the Pell Grant, are more uncertain. But any changes to the House bill will come at a cost, as saving one program likely will mean deeper cuts to another.

    Over all, lawmakers will face a difficult balancing act to get the legislation through the Senate without endangering a second passage in the House, where bill advanced by the skin of its teeth. And Trump has called the bill the single most important piece of legislation in his second term, suggesting that failure is not an option.

    “The One, Big, Beautiful Bill will implement President Trump’s Make America Great Again agenda by delivering the largest tax cut in American history, the largest border security investment in history, and the largest deficit reduction in nearly 30 years,” Press Secretary Karoline Leavitt said in a statement last month. “The Senate should pass this critical legislation as soon as possible to usher in America’s Golden Age.”

    The Congressional Budget Office has estimated the bill would add $2.4 trillion to the deficit over a decade.

    What’s Next

    The Senate Health, Education, Labor and Pensions Committee hasn’t yet released its version of a reconciliation bill, though a draft is expected soon since congressional leaders are hoping to get a vote on the legislation by June 16, sources familiar with the Hill say. Lawmakers are using the reconciliation process, so they only need 51 votes in the Senate to pass the bill. But if the Senate version is at all different from the House’s, the House will have to vote again before the legislation can reach the president’s desk.

    When a bill does drop, it will likely skip the traditional committee markup, so the legislation can reach the Senate floor for a vote faster. But that fast tracking will limit the time for college leaders and others to review and weigh in on the bill.

    Policy analysts say Senate and House Republicans will likely have to make some compromises in order to move the bill forward. Some Senate Republicans may stand firm and advocate for changes on certain provisions, but the question is which ones will earn priority and which ones will fall by the wayside. For instance, can moderate Republicans save both the Pell Grant and Medicare? Or will they have to choose between the two?

    In many cases, what spending cuts and program changes survive is going to depend on “how the tug-of-war between the House and Senate plays out,” said Preston Cooper, a senior fellow at the American Enterprise Institute, a right-leaning think tank.

    All of this, however, could be thrown for a loop if former Trump adviser Elon Musk holds any influence. The billionaire tech mogul who previously led Trump’s Department of Government Efficiency has launched an all-out feud with the president over social media, calling the bill a “disgusting abomination” and saying, “shame on those who voted for it.”

    At Odds Over Accountability

    If the reconciliation bill does move forward, policy experts expect the Senate to propose a very different version than the House. And Michelle Dimino, director of education at Third Way, a left-leaning think tank, said she’s looking to the Lowering Education Costs and Debt Act, a bill introduced by Louisiana senator Bill Cassidy in 2023, for an outline of what it may include. (Cassidy is the chair of the Senate education committee.)

    “Senate and House Republicans have not always been aligned in their approach to higher ed reform,” she said. And “unsurprisingly, each chamber tends to favor legislation that originated internally.”

    One of the most notable differences Dimino and others anticipate between the House and Senate is how each tries to hold colleges accountable for students’ financial outcomes.

    House Republicans want to use risk-sharing, a strategy that would require colleges and universities to pay a fee each year based on the amount of loans their graduates (or those who left without a degree) have failed to repay. But the formula for calculating that fee is complicated, and colleges have a lot of questions about how it works and whether it’s fair. The Congressional Budget Office estimated that these risk-sharing payments would total $1.3 billion by 2034 and then continue to increase annually.

    Meanwhile, the Lowering Education Costs Act calls for a plan similar to the gainful-employment rule—a metric that ties colleges’ financial aid eligibility to their students’ earnings and debt levels. The idea was first introduced by President Obama, scrapped by President Trump in his first term and then expanded by President Biden.

    Under gainful employment, colleges would have to show their graduates make more than someone with a high school diploma and that their loan payments will be affordable. If a college ever falls below those thresholds, it could lose access to all federal student aid. The Senate plan would likely apply to all colleges, whereas the current gainful-employment rule only applies to for-profit colleges and nondegree programs.

    Higher education lobbyists are generally more supportive of the Senate’s anticipated proposal. But they note that while it’s a much lesser evil than risk-sharing, concerns remain, especially about how it would affect institutions.

    “When the data is not available … we are operating off concepts and ideas,” said Emmanual Guillory, senior director of government relations at the American Council on Education. “So it begs the question: What is the intended outcome and is this proposal the solution?”

    Other Key Issues to Watch

    What is less certain, policy experts noted, is whether the Senate will sign off on the House’s plans to consolidate student loan repayment plans, cap loans, increase endowment taxes and change who is eligible for the Pell Grant. For example, while the House proposed waiving borrowers’ interest if their monthly income-based payment isn’t enough to cover what’s owed and forgiving remaining debt after 30 years of payments, Cassidy’s legislation would create a more traditional plan where students accrue interest but all is forgiven after 20 or 25 years of payments.

    And though the House plan would eliminate subsidized loans, end the Grad PLUS loan program and limit Parent PLUS, experts predict that the Senate will likely end both Grad and Parent PLUS and put more aggressive limits on how much students can borrow over all.

    But other aspects like Pell Grant eligibility were not discussed in Cassidy’s 2023 bill at all. So while the House would expand the Pell Grant to short-term workforce programs and limit access for the full-time Pell program, it’s unclear what, if anything, the Senate would propose. At a recent hearing, some senators appeared reticent to make deep cuts to the Pell program, though lawmakers have generally supported the concept of workforce Pell.

    Over all, it’s hard to know exactly where the Senate will fall on most issues, Guillory said, especially because unlike during most sessions, it seems the House has the upper hand.

    “I think the Senate would like to propose a very different bill that would require a lot of back-and-forth compromise, but they are feeling more and more pressure from the House to make fewer changes in order to get the bill passed quicker and to meet that July 4 deadline,” he said.

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  • 3 takeaways from OCR nominee’s Senate confirmation hearing

    3 takeaways from OCR nominee’s Senate confirmation hearing

    This audio is auto-generated. Please let us know if you have feedback.

    The U.S. Department of Education’s Office for Civil Rights is undergoing a slew of changes, including a significantly increased caseload after the Trump administration let go of hundreds of its employees. With the nomination of Kimberly Richey to fill the role of assistant secretary for civil rights, it’s likely the office tasked with enforcing equal educational access will shift even more.

    Right now, attorneys are juggling on average 115 cases, according to Sen. Patty Murray, D-Wash., who shared the number with witnesses at a Thursday nomination hearing held by the Senate’s Health, Education Labor and Pensions Committee. 

    Prior to the March layoffs that resulted in the shuttering of seven out of 12 OCR offices nationwide, attorneys tasked with protecting the civil rights of students and educators had about 42 cases on their plate. That caseload was characterized as “untenable” by the former assistant secretary for civil rights, Catherine Lhamon, and had prompted former U.S. Education Secretary Miguel Cardona to advocate for an increase in the office’s funding under the Biden administration.

    Murray said the newer caseload was now “making it difficult for those investigators to meaningfully investigate discrimination and to protect students’ rights.” 

    Thursday’s hearing was held to discuss the nomination of Richey to lead OCR, among nominations of other officials such as Penny Schwinn to be deputy secretary of education. Richey served under the first Trump administration as acting assistant secretary for the Office of Special Education and Rehabilitative Services and then as acting assistant secretary for civil rights.

    Being ‘strategic’ with resources

    When asked by multiple Democratic senators about how she would navigate a backlog of OCR complaints — which exceeds 25,000, said Murray — with half of the office’s former headcount and a budget that would be significantly slashed under President Donald Trump’s FY 26 proposal, Richey said she would have to be “strategic.” 

    “One of the reasons why this role is so important to me is because I will always advocate for OCR to have the resources to do its job,” said Richey. However, she dodged questions about whether OCR, under Trump’s first administration, had enough resources to do its job.  

    “I think that what that means is that I’m going to have to be really strategic if I’m confirmed, stepping into this role, helping come up with a plan where we can address these challenges,” she said.

    That would include evaluating the current caseload and determining where complaints stand in their investigative timeline. It would also include looking at the current staff distribution and organizational structure of OCR, and helping Secretary of Education Linda McMahon come up with a plan to “ensure that OCR is able to meet its mission and its statutory purpose to prioritize all complaints.”

    Richey said that rather than put certain investigations on pause, as has been the case under the second Trump administration, she would prioritize all complaints that fall at OCR’s footsteps.

    Changes in Title IX enforcement

    Richey raised the eyebrows of some Republican leaders when she said that she would enforce Title IX, the anti-sex discrimination statute, to protect LGTBQ+ students from discrimination based on gender identity and sexual orientation. The Trump administration and Republican leaders have prioritized enforcing the statute to exclude transgender students from women’s and girls’ athletics teams, locker rooms and other facilities. 

    When pressed, however, Richey clarified that she would enforce Title IX to protect LGTBQ+ students in a narrow number of cases, related to different treatment, bullying and harassment. 

    “We would also look at the relevance of sex in our cases,” Richey said. “Sex is relevant in regards to restrooms, and sex is relevant in regards to locker rooms and sex is relevant in regards to athletics.” 

    The Biden administration’s interpretation of Title IX following the Supreme Court’s decision in Bostock v. Clayton County protected LGTBQ+ students, including transgender students, on athletic teams in some cases. It prohibited blanket bans of transgender students from athletics.

    “That is not what we did under President Trump’s first term, and that is not what we will do under President Trump’s second term,” she said. 

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  • Senate Committee Approves Education Under Secretary Nominee

    Senate Committee Approves Education Under Secretary Nominee

    The U.S. Senate Committee on Health, Education, Labor and Pensions voted to approve Nicholas Kent as under secretary of education, the top job in the country for higher education policy and oversight, by a narrow 12-to-11 vote. The Senate will hold a final confirmation vote at a later date.

    Kent, a former Virginia deputy secretary of education, is a vocal critic of the Biden administration and a former lobbyist for for-profit colleges and trade schools. 

    His nomination earned a mix of support and concern from higher education associations and advocates, some of whom viewed it as a worrying harbinger of the Trump administration’s plans to reduce federal regulation and oversight of for-profit colleges and credential programs.

    Kent was advanced to a full vote with a tranche of six other cabinet nominees. A few organizations, including the American Federation of Teachers and the Institute for College Access and Success, expressed concern that there was no public hearing about Kent’s ties to for-profit institutions. In 2015 Kent’s then-employer, Education Affiliates, a company that operates dozens of for-profit colleges nationwide, settled a False Claims Act case brought by the Department of Justice for $2 million.

    Sen. Bernie Sanders, Independent of Vermont, voted no on Kent’s nomination Thursday morning, saying, “We should not be confirming a former lobbyist who represented for-profit colleges to oversee higher education.”

    Other organizations say Kent could shake up a regulatory framework they believe has stifled innovation. The American Association of Community Colleges wrote a letter supporting Kent, saying it believes he is committed to “ensuring statutory compliance and program integrity while decreasing administrative burdens and supporting innovation.”

    If confirmed, Kent will replace acting under secretary James Bergeron as the No. 2 education policy official in the country. 

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  • Senate approves repeal of E-rate Wi-Fi hotspots for schools, libraries

    Senate approves repeal of E-rate Wi-Fi hotspots for schools, libraries

    Dive Brief:

    • The end of E-rate eligibility for Wi-Fi hotspots came one step closer Thursday as the Senate voted 50-38 along party lines to overturn a 2024 expansion of the program overseen by the Federal Communications Commission.
    • A similar House resolution was introduced in February to strike down the recent inclusion of Wi-Fi hotspots in the E-rate program, which has helped connect schools and libraries to affordable telecommunications services for the last 29 years.
    • School districts have shown high demand for using E-rate funds to purchase Wi-Fi hotspots during fiscal year 2025, the first year for which the devices were eligible.  

    Dive Insight:

    In fiscal year 2025, schools and districts requested a total of $27.5 million for Wi-Fi hotspots alone. The devices are often used to help students who don’t have home internet access complete homework assignments that require digital connections.

    The FCC’s decision to expand E-rate to include hotspots followed the expiration of the Emergency Connectivity Fund established by the American Rescue Plan Act of 2021. The pandemic-era fund allocated $123 million to the FCC to purchase hotspots for schools and libraries.

    Both Senate and House measures were introduced by Republicans who say the FCC’s partisan move under the Biden administration to expand the E-rate program was overreach under the federal law that defined the Universal Service Fund’s E-rate program as intentionally providing discounts for broadband services only to “school classrooms” and libraries.

    Sen. Ted Cruz, R-Texas, introduced the resolution of disapproval in January under the Congressional Review Act, which gives federal lawmakers the authority to nullify a federal regulation. Cruz said in a January statement that the FCC regulation expanding E-rate “violates federal law, creates major risks for kids’ online safety, harms parental rights, and will increase taxes on working families.”

    “Every parent of a young child or teenager either worries about, or knows first-hand, the real dangers of the internet,” Cruz said. “The government shouldn’t be complicit in harming students or impeding parents’ ability to decide what their kids see by subsidizing unsupervised access to inappropriate content.”

    Before this week’s vote, several organizations representing school superintendents, K-12 business officials, rural educators, transportation providers and educational service agencies sent a letter on May 6 to Senate Majority Leader John Thune, R-S.D., urging him to vote against the resolution.

    The letter noted that nearly 20,000 schools and libraries are applying for several hundred thousand hotspots nationwide through the E-rate program. If passed, the education groups wrote, the resolution would “prevent millions of students and library patrons” from gaining internet access. 

    “We strongly disagree with the argument that allowing students and adults to access hotspots on buses or at home opens the door to them accessing inappropriate content online,” the letter said. “The rules adopted by the FCC require that all Wi-Fi hotspots include blocking and filtering of inappropriate material. Thus, any claim that providing home Internet access through these hotspots exposes children to pornography and other inappropriate content are completely untrue.”

    Hotspots particularly benefit low-income and rural students and educators who need internet access at home to complete homework assignments, the letter said. The groups added that passing such a resolution through the Congressional Review Act will prevent the FCC from ever approving an expansion of E-rate to include hotspots again. 

    With the end of the one-time influx of federal pandemic-era funds, a Consortium for School Networking survey released earlier this week found that 14% of district ed tech leaders said initiatives to fund broadband access off school campuses were at risk of losing future sustainable funding. 

    That same CoSN survey also revealed that most school districts are deeply concerned about the future of the E-rate program as a whole, given that the U.S. Supreme Court is expected to decide in the coming months whether the program’s funding mechanism is unconstitutional. Some 74% of district respondents told CoSN that should the justices strike down E-rate in FCC v. Consumers’ Research, the decision would have “catastrophic” or “major” effects for schools.

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  • Senate education panel postpones vote on polarizing antisemitism definition

    Senate education panel postpones vote on polarizing antisemitism definition

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    The Senate’s education committee on Wednesday postponed a vote on a bill that would require the U.S. Department of Education to use a definition of antisemitism that critics say would undermine free speech and preclude criticism against Israel. 

    After two hours of contentious debate, Sen. Bill Cassidy, the Republican chair of the Health, Education, Labor and Pensions Committee, said the panel would defer the vote on the bill for another day. 

    The bill, called the Antisemitism Awareness Act, would require the Education Department to use the International Holocaust Remembrance Alliance’s definition of antisemitism when investigating Title VI discrimination and harassment on college campuses. Title VI of the Civil Rights Act prohibits discrimination based on race, color or national origin at federally funded institutions.

    Sens. Jacky Rosen, a Democrat from Nevada, and Tim Scott, a Republican from South Carolina, introduced the bill in February, contending it would help the Education Department determine when antisemitism crosses the line from protected speech into harassment. A bipartisan group of lawmakers introduced a companion bill in the House that same month. 

    During President Donald Trump’s first term, he signed an executive order directing the Education Department and other federal agencies to consider IHRA’s definition in Title VI investigations. The bill would codify that element of the executive order into law for the Education Department. 

    The Anti-Defamation League, a strong supporter of the IHRA’s definition on antisemitism, has advocated for its adoption at the executive level.

    However, the definition includes several examples that opponents of the bill worry could chill free speech. They include comparing “contemporary Israeli policy to that of the Nazis” and “claiming that the existence of a State of Israel is a racist endeavor.” 

    ‘You can’t regulate speech’

    Sen. Bernie Sanders, the committee’s ranking member, condemned antisemitism and other forms of discrimination but said lawmakers must defend the First Amendment and the right to peacefully protest. 

    “I worry very much that the Antisemitism Awareness Act that we are considering today is unconstitutional and will move us far along in the authoritarian direction that the Trump administration is taking us,” said Sanders, an independent from Vermont who is Jewish.

    Sen. Rand Paul, a Republican from Kentucky, voiced similar concerns. He argued that the examples included in the definition would undermine free speech rights and told Scott he would support the bill if they were removed. 

    During the hearing, supporters of the bill pointed to language that says nothing in the Antisemitism Awareness Act should be used “to diminish or infringe upon any right protected under the First Amendment.” 

    Scott also contended that the bill would instead be used to assess whether conduct — not speech — was antisemitic. 

    “It’s the conduct that follows the speech that creates the harassment, not the speech itself,” Scott said.

    However, Paul rejected that argument, contending that the examples in IHRA’s definition of antisemitism describe speech rather than conduct. 

    “You can’t regulate speech,” Paul said. “Every one of the 11 examples is about speech.”

    The committee narrowly approved several amendments to the bill, including one from Sanders that says “no person shall be considered antisemitic for using their rights of free speech or protest” to oppose Israel’s wartime actions in Gaza. Another one of Sanders’ amendments that passed would protect students rights’ to carry out demonstrations that adhere to campus protest policies.

    The panel also passed an amendment from Sen. Edward Markey, a Democrat from Massachusetts, stating that the federal government undermines First Amendment rights of immigrant college students and employees when it revokes their visas, detains them or deports them due to their free speech. 

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