Tag: Standards

  • The Office for Students steps on to shaky ground in an attempt to regulate academic standards

    The Office for Students steps on to shaky ground in an attempt to regulate academic standards

    The funny thing about the story about today’s intervention by the Office for Students is that it is not really about grade inflation, or degree algorithms.

    I mean, it is on one level: we get three investigation reports on providers related to registration condition B4, and an accompanying “lessons learned” report that focuses on degree algorithms.

    But the central question is about academic standards – how they are upheld, and what role an arm of the government has in upholding them.

    And it is about whether OfS has the ability to state that three providers are at “increased risk” of breaching a condition of registration on the scant evidence of grade inflation presented.

    And it is certainly about whether OfS is actually able to dictate (or even strongly hint at its revealed preferences on) the way degrees are awarded at individual providers, or the way academic standards are upheld.

    If you are looking for the rule book

    Paragraph 335N(b) of the OfS Regulatory Framework is the sum total of the advice it has offered before today to the sector on degree algorithms.

    The design of the calculations that take in a collection of module marks (each assessed carefully against criteria set out in the module handbook, and cross-checked against the understanding of what expectations of students should be offered by an academic from another university) into an award of a degree at a given classification is a potential area of concern:

    where a provider has changed its degree classification algorithm, or other aspects of its academic regulations, such that students are likely to receive a higher classification than previous students without an increase in their level of achievement.

    These circumstances could potentially be a breach of condition of registration B4, which relates to “Assessment and Awards” – specifically condition B4.2(c), which requires that:

    academic regulations are designed to ensure that relevant awards are credible;

    Or B4.2(e), which requires that:

    relevant awards granted to students are credible at the point of being granted and when compared to those granted previously

    The current version of condition B4 came into force in May 2022.

    In the mighty list of things that OfS needs to have regard to that we know and love (section 2 of the 2017 Higher Education and Research Act), we learn that OfS has to pay mind to “the need to protect the institutional autonomy of English higher education providers” – and, in the way it regulates that it should be:

    Transparent, accountable, proportionate, and consistent and […] targeted only at cases where action is needed

    Mutant algorithms

    With all this in mind, we look at the way the regulator has acted on this latest intervention on grade inflation.

    Historically the approach has been one of assessing “unexplained” (even once, horrifyingly, “unwarranted”) good honours (1 or 2:1) degrees. There’s much more elsewhere on Wonkhe, but in essence OfS came up with its own algorithm – taking into account the degrees awarded in 2010-11 and the varying proportions students in given subject areas, with given A levels and of a given age – that starts from the position that non-traditional students shouldn’t be getting as many good grades as their (three good A level straight from school) peers, and if they did then this was potentially evidence of a problem.

    To quote from annex B (“statistical modelling”) of last year’s release:

    “We interact subject of study, entry qualifications and age with year of graduation to account for changes in awarding […] our model allows us to statistically predict the proportion of graduates awarded a first or an upper second class degree, or a first class degree, accounting for the effects of these explanatory variables.

    When I wrote this up last year I did a plot of the impact each of these variables is expected to have on – the fixed effect coefficient estimates show the increase (or decrease) in the likelihood of a person getting a first or upper second class degree.

    [Full screen]

    One is tempted to wonder whether the bit of OfS that deals with this issue ever speaks to the bit that is determined to drive out awarding gaps based on socio-economic background (which, as we know, very closely correlates with A level results). This is certainly one way of explaining why – if you look at the raw numbers – the people who award more first class and 2:1 degrees are the Russell Group, and at small selective specialist providers.

    [Full screen]

    Based on this model (which for 2023-24 failed to accurately predict fully fifty per cent of the grades awarded) OfS selected – back in 2022(!) – three providers where it felt that the “unexplained” awards had risen surprisingly quickly over a single year.

    What OfS found (and didn’t find)

    Teesside University was not found to have ever been in breach of condition B4 – OfS was unable to identify statistically significant differences in the proportion of “good” honours awarded to a single cohort of students if it applied each of the three algorithms Teesside has used over the past decade or so. There has been – we can unequivocally say – no evidence of artificial grade inflation at Teesside University.

    St Mary’s University, Twickenham and the University of West London were found to have historically been in breach of condition B4. The St Mary’s issue related to an approach that was introduced in 2016-17 and was replaced in 2021-22, in West London the offending practice was introduced in 2015-16 and replaced in 2021-22. In both cases, the replacement was made because of an identified risk of grade inflation. And for each provider a small number of students may have had their final award calculated using the old approach since 2021-22, based on a need to not arbitrarily change an approach that students had already been told about.

    To be clear – there is no evidence that either university has breached condition B4 (not least because condition B4 came into force after the offending algorithms had been replaced). In each instance the provider in question has made changes based on the evidence it has seen that an aspect of the algorithm is not having the desired effect, exactly the way in which assurance processes should (and generally do) work.

    Despite none of the providers in question currently being in breach of B4 all three are now judged to be at an increased risk of breaching condition B4.

    No evidence has been provided as to why these three particular institutions are at an “increased risk” of a breach while others who may use substantially identical approaches to calculating final degree awards (but have not been lucky enough to undergo an OfS inspection on grade inflation) are not. Each is required to conduct a “calibration exercise” – basically a review of their approach to awarding undergraduate degrees of the sort each has already completed (and made changes based on) in recent years.

    Vibes-based regulation

    Alongside these three combined investigation/regulatory decision publications comes a report on Batchelors’ degree classification algorithms. This purports to set out the “lessons learned” from the three reports, but it actually sets up what amounts to a revision to condition B4.

    We recognise that we have not previously published our views relating to the use of algorithms in the awarding of degrees. We look forward to positive engagement with the sector about the contents of this report. Once the providers we have investigated have completed the actions they have agreed to undertake, we may update it to reflect the findings from those exercises.

    The important word here is “views”. OfS expresses some views on the design of degree algorithms, but it is not the first to do so and there are other equally valid views held by professional bodies, providers, and others – there is a live debate and a substantial academic literature on the topic. Academia is the natural home of this kind of exchange of views, and in the crucible of scholarly debate evidence and logical consistency are winning moves. Having looked at every algorithm he could find, Jim Dickinson covers the debates over algorithm characteristics elsewhere on the site.

    It does feel like these might be views expressed ahead of a change to condition B4 – something that OfS does have the power to do, but would most likely (in terms of good regulatory practice, and the sensitive nature of work related to academic standards managed elsewhere in the UK by providers themselves) be subject to a full consultation. OfS is suggesting that it is likely to find certain practices incompatible with the current B4 requirements – something which amounts to a de facto change in the rules even if it has been done under the guise of guidance.

    Providers are reminded that (as they are already expected to do) they must monitor the accuracy and reliability of current and future degree algorithms – and there is a new reportable event: providers need to tell OfS if they change their algorithm that may result in an increase of “good” honours degrees awarded.

    And – this is the kicker – when they do make these changes, the external calibration they do cannot relate to external examiner judgements. The belief here is that external examiners only ever work at a module level, and don’t have a view over an entire course.

    There is even a caveat – a provider might ask a current or former external examiner to take an external look at their algorithm in a calibration exercise, but the provider shouldn’t rely solely on their views as a “fresh perspective” is needed. This reads back to that rather confusing section of the recent white paper about “assessing the merits of the sector continuing to use the external examiner system” while apparently ignoring the bit around “building the evidence base” and “seeking employers views”.

    Academic judgement

    Historically, all this has been a matter for the sector – academic standards in the UK’s world-leading higher education sector have been set and maintained by academics. As long ago as 2019 the UK Standing Committee for Quality Assessment (now known as the Quality Council for UK Higher Education) published a Statement of Intent on fairness in degree classification.

    It is short, clear and to the point: as was then the fashion in quality assurance circles. Right now we are concerned with paragraph b, which commits providers to protecting the value of their degrees by:

    reviewing and explaining how their process for calculating final classifications, fully reflect student attainment against learning criteria, protect the integrity of classification boundary conventions, and maintain comparability of qualifications in the sector and over time

    That’s pretty uncontroversial, as is the recommended implementation pathway in England: a published “degree outcomes statement” articulating the results of an internal institutional review.

    The idea was that these statements would show the kind of quantitative trends that OfS get interested in, some assurance that these institutional assessment processes meet the reference points, and reflect the expertise and experience of external examiners, and provide a clear and publicly accessible rationale for the degree algorithm. As Jim sets out elsewhere, in the main this has happened – though it hasn’t been an unqualified success.

    To be continued

    The release of this documentation prompts a number of questions, both on the specifics of what is being done and more widely on the way in which this approach does (or does not) constitute good regulatory practice.

    It is fair to ask, for instance, whether OfS has the power to decide that it has concerns about particular degree awarding practices, even where it is unable to point to evidence that these practices are currently having a significant impact on degrees awarded, and to promote a de facto change in interpretation of regulation that will discourage their use.

    Likewise, it seems problematic that OfS believes it has the power to declare that the three providers it investigated are at risk of breaching a condition of registration because they have an approach to awarding degrees that it has decided that it doesn’t like.

    It is concerning that these three providers have been announced as being at higher risk of a breach when other providers with similar practices have not. It is worth asking whether this outcome meets the criteria for transparent, accountable, proportionate, and consistent regulatory practice – and whether it represents action being targeted only at cases where it is demonstrably needed.

    More widely, the power to determine or limit the role and purpose of external examiners in upholding academic standards has not historically been one held by a regulator acting on behalf of the government. The external examiner system is a “sector recognised standard” (in the traditional sense) and generally commands the confidence of registered higher education providers. And it is clearly a matter of institutional autonomy – remember in HERA OfS needs to “have regard to” institutional autonomy over assessment, and it is difficult to square this intervention with that duty.

    And there is the worry about the value and impact of sector consultation – an issue picked up in the Industry and Regulators Committee review of OfS. Should a regulator really be initiating a “dialogue with the sector” when its preferences on the external examiner system are already so clearly stated? And it isn’t just the sector – a consultation needs to ensure that the the views of employers (and other stakeholders, including professional bodies) are reflected in whatever becomes the final decision.

    Much of this may become clear over time – there is surely more to follow in the wider overhaul of assurance, quality, and standards regulation that was heralded in the post-16 white paper. A full consultation will help centre the views of employers, course leaders, graduates, and professional bodies – and the parallel work on bringing the OfS quality functions back into alignment with international standards will clearly also have an impact.

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  • The advantages of supplementing curriculum

    The advantages of supplementing curriculum

    Key points:

    Classroom teachers are handed a curriculum they must use when teaching. That specific curriculum is designed to bring uniformity, equity, and accountability into classrooms. It is meant to ensure that every child has access to instruction that is aligned with state standards. The specific curriculum provides a roadmap for instruction, but anyone who has spent time in a classroom knows that no single curriculum can fully meet the needs of every student.

    In other words, even the most carefully designed curriculum cannot anticipate the individual needs of every learner or the nuances of every classroom. This is why supplementing curriculum is a vital action that skilled educators engage in. Supplementing curriculum does not mean that teachers are not teaching the required curriculum. In fact, it means they are doing even more to ensure student success.

    Students arrive with different strengths, challenges, and interests. Supplementing curriculum allows teachers to bridge inevitable gaps within their students.  For example, a math unit may assume fluency with multiplying and dividing fractions, but some students may not recall that skill, while others are ready to compute with mixed numbers. With supplementary resources, a teacher can provide both targeted remediation and enrichment opportunities. Without supplementing the curriculum, one group may fall behind or the other may become disengaged.

    Supplementing curriculum can help make learning relevant. Many curricula are written to be broad and standardized. Students are more likely to connect with lessons when they see themselves reflected in the content, so switching a novel based on the population of students can assist in mastering the standard at hand.   

    Inclusion is another critical reason to supplement. No classroom is made up of one single type of learner. Students with disabilities may need graphic organizers or audio versions of texts. English learners may benefit from bilingual presentations of material or visual aids. A curriculum may hit all the standards of a grade, but cannot anticipate the varying needs of students. When a teacher intentionally supplements the curriculum, every child has a pathway to success.

    Lastly, supplementing empowers teachers. Teaching is not about delivering a script; it is a profession built on expertise and creativity. When teachers supplement the prescribed curriculum, they demonstrate professional judgment and enhance the mandated framework. This leads to a classroom where learning is accessible, engaging, and responsive.

    A provided curriculum is the structure of a car, but supplementary resources are the wheels that let the students move. When done intentionally, supplementing curriculum enables every student to be reached. In the end, the most successful classrooms are not those that follow a book, but those where teachers skillfully use supplementary curriculum to benefit all learners. Supplementing curriculum does not mean that a teacher is not using the curriculum–it simply means they are doing more to benefit their students even more.

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  • What it really takes to lead successful grading reform

    What it really takes to lead successful grading reform

    This post originally appeared on the Otus blog and is republished here with permission.

    Grading reform is messy, but it’s worth it.

    That was the central message from Jessica Espinoza and Alice Opperman of Emerson Public Schools (NJ), who shared their decade-long journey implementing standards-based grading during their session at ISTELive+ASCD 2025. 

    What started as a deeply rooted effort to promote equity has grown into a districtwide, cross-curricular system that blends teacher voice, clarity for families, and support from the right tools.

    Here’s what they learned along the way, and why they’re still learning.

    huge takeaways for school leaders considering a shift to SBG

    Clarity starts with fewer, better standards

    In the early stages of their grading reform, Emerson tried to be comprehensive; too comprehensive, perhaps. Their first report card included nearly every New Jersey Common Core standard, which quickly became overwhelming for both teachers and families. Over time, they shifted to focusing on broader, more meaningful standards that better reflected student learning.

    “So approximately 10 years ago, we started with a standard-based report card in grades K-6. Our report card at that time listed pretty much every standard we could think of. We realized that we really needed to narrow in on more umbrella standards or standards that really encapsulate the whole idea. We took away this larger report card with 50 different standards, and we went into something that was more streamlined. That really helped our teachers to focus their energy on what is really important for our students.” 
    –Jessica Espinoza, Principal, Emerson Public Schools (NJ)

    Lasting change doesn’t happen without teacher buy-in

    Grading reform can’t succeed unless educators believe in it. That’s why Emerson made intentional space for teacher voice throughout the process; through pilots, surveys, honest conversations, and, most importantly, time. The district embraced a long-term mindset, giving teachers flexibility to experiment, reflect, and gradually evolve their practices instead of expecting instant transformation.

    “We had some consultants sit with teams of teachers to work on these common scoring criteria. They were fully designed by teachers, and their colleagues had the chance to weigh in during the school year so that it didn’t feel quite so top-down…the teachers had such a voice in making them that it didn’t feel like we were taking their autonomy away.”
    –Alice Opperman, Director of Curriculum, Instruction & Technology, Emerson Public Schools (NJ)

    Progress means nothing if families can’t follow it

    Even with teachers aligned and systems in place, Emerson found that family understanding was key to making SBG truly work. While the district initially aimed to move away from traditional letter grades altogether, ongoing conversations with parents led to a reevaluation. By listening to families and adapting their approach, Emerson has found a middle ground, one that preserves the value of standards-based learning while making progress easier for families to understand.

    “Five years ago, I would have said, ‘We will be totally done with points. We will never see a letter grade again. It’s going to be so much better.’ But talking to parent after parent has led us to this compromised place where we are going to try it a little bit differently to give the parents what they need in order to understand us, but also keep that proficiency, competency, mastery information that we feel is so valuable as educators.” 
    –Alice Opperman, Director of Curriculum, Instruction & Technology, Emerson Public Schools (NJ)

    Still evolving, and that’s the point

    For Jessica and Alice, grading reform has never been about arriving at a perfect system (and certainly not achieving it overnight). It’s been about listening, learning, and improving year after year. Their message to other school leaders? There’s no one “right” way to do SBG, but there is a thoughtful, collaborative way forward.

    Emerson’s story shows that when you prioritize clarity, trust your teachers, and bring families into the conversation, the result isn’t just a better report card. 

    It’s a better learning experience for everyone involved.

    How the right grading solution supports Emerson’s SBG efforts

    Emerson put in the work, but sustaining grading reform at scale is nearly impossible without the right tools to support teachers, track progress, and communicate effectively with families.

    • Streamlined standards
      Focus on the standards that matter most by building custom, district-aligned grading scales. The right platform makes it easy to group standards, apply scoring criteria, and visualize mastery over time.
    • Transparent communication
      Share clear, standards-aligned feedback with families directly in a platform. Teachers can provide timely updates, rubric explanations, and progress reports, all in one place.
    • Flexible grading tools
      Support teacher autonomy with multiple assessment types and scoring options, including points, rubrics, and mastery levels, all aligned to district-defined standards.

    For more news on grading reform, visit eSN’s Educational Leadership hub.

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  • ‘Strong evidence’ Harvard doesn’t meet accreditation standards, feds say

    ‘Strong evidence’ Harvard doesn’t meet accreditation standards, feds say

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    Dive Brief:

    • Two federal agencies on Wednesday notified Harvard University’s accreditor of “strong evidence to suggest” the Ivy League institution no longer meets its accreditation standards.
    • In a letter to the New England Commission of Higher Education, the U.S. departments of Education and Health and Human Services cited recent HHS findings alleging that Harvard is in “violent violation” of federal antidiscrimination law and has been “deliberately indifferent” to the harassment of Jewish and Israeli students on its campus.
    • The announcement comes the week after Columbia University got word from its accreditor that its approval “may be in jeopardy” following similar findings by HHS against the New York institution.

    Dive Insight:

    A wide-ranging April executive order from President Donald Trump directed U.S. Secretary of Education Linda McMahon to “promptly” provide accreditation agencies with any findings of noncompliance with Title VI, which prohibits discrimination based on race, color or national origin in federally funded programs.

    On Wednesday, McMahon did so for Harvard’s accreditor, NECHE.

    “By allowing antisemitic harassment and discrimination to persist unchecked on its campus, Harvard University has failed in its obligation to students, educators, and American taxpayers,” she said in a statement

    The Education Department expects NECHE to “enforce its policies and practices” and keep the agency “fully informed of its efforts to ensure that Harvard is in compliance with federal law and accreditor standards,” McMahon added.

    Without accreditation, Harvard would lose eligibility to accept federal financial aid — a crucial revenue source for all colleges, even the wealthiest ones.

    After HHS accused the university of violating Title VI last week, NECHE released a FAQ addressing its next steps.

    The commission made clear that the federal government cannot direct it to revoke a college’s accreditation. Likewise, a college does not automatically lose its accreditation if it is put under investigation, the FAQ said.

    NECHE gives institutions “up to four years to come into compliance when found by the Commission to be out of compliance, which can be extended for good cause,” it said, adding that institutions remain accredited during that time.

    Under NECHE policies, the commission will conduct an independent review of the allegations against Harvard.

    Meanwhile, HHS’ findings heavily cited an April report from Harvard on antisemitism and anti-Israeli bias on its campus. The internal report found that Jewish, Israeli and Zionist students and employees at the university felt shunned or harassed at times during the 2023-24 academic year.

    Since the report published in April, the Trump administration has repeatedly used it in attempts to cut off Harvard from enrolling international students and terminate more of its federal funding.

    Harvard also released a second report in tandem that addressed anti-Muslim, anti-Arab and anti-Palestinian bias on campus, finding that Harvard students and employees in these demographics also said they experienced harassment and discrimination during the same time frame.

    However, the Trump administration has not highlighted the findings from the second report in its news releases about Harvard’s alleged failure to protect students from harassment. And the Education Department’s Office for Civil Rights has thus far stayed silent on issues of Islamophobia under Title VI.

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  • Speech therapy association proposes eliminating ‘DEI’ in its standards

    Speech therapy association proposes eliminating ‘DEI’ in its standards

    Scores of speech therapists across the country erupted last month when their leading professional association said it was considering dropping language calling for diversity, equity and inclusion and “cultural competence” in their certification standards. Those values could be replaced in some standards with a much more amorphous emphasis on “person-centered care.” 

    “The decision to propose these modifications was not made lightly,” wrote officials of the American Speech-Language-Hearing Association (ASHA) in a June letter to members. They noted that due to recent executive orders related to DEI, even terminology that “is lawfully applied and considered essential for clinical practice … could put ASHA’s certification programs at risk.” 

    Yet in the eyes of experts and some speech pathologists, the change would further imperil getting quality help to a group that’s long been grossly underserved: young children with speech delays who live in households where English is not the primary language spoken. 

    “This is going to have long-term impacts on communities who already struggle to get services for their needs,” said Joshuaa Allison-Burbank, a speech language pathologist and Navajo member who works on the Navajo Nation in New Mexico where the tribal language is dominant in many homes.

    In a written statement after this story published, a spokesperson for the association stressed that the proposed changes have not been finalized, and said that member feedback is currently under review.

    “ASHA remains steadfast in our belief that all health care services should be non-discriminatory and address the needs of every individual,” the spokesperson added. She characterized the proposed changes as “an evolution, not a retreat,” and noted that person-centered care aims to ensure “clinicians are equipped to deliver services tailored to each person’s context, including their lived experience, language background, cultural identity, and home environment.”

    Across the country, speech therapists have been in short supply for many years. Then, after the pandemic lockdown, the number of young children diagnosed annually with a speech delay more than doubled. Amid that broad crisis in capacity, multilingual learners are among those most at risk of falling through the cracks. Less than 10 percent of speech therapists are bilingual.

    A shift away from DEI and cultural competence — which involves understanding and trying to respond to differences in children’s language, culture and home environment — could have a devastating effect at a time when more of both are needed to reach and help multilingual learners, several experts and speech pathologists said. 

    They told me about a few promising strategies for strengthening speech services for multilingual infants, toddlers and preschool-age children with speech delays — each of which involves a heavy reliance on DEI and cultural competence.

    Embrace creative staffing. The Navajo Nation faces severe shortages of trained personnel to evaluate and work with young children with developmental delays, including speech. So in 2022, Allison-Burbank and his research team began providing training in speech evaluation and therapy to Native family coaches who are already working with families through a tribal home visiting program. The family coaches provide speech support until a more permanent solution can be found, said Allison-Burbank.

    Home visiting programs are “an untapped resource for people like me who are trying to have a wider reach to identify these kids and get interim services going,” he said. (The existence of both the home visiting program and speech therapy are under serious threat because of federal cuts, including to Medicaid.) 

    Use language tests that have been designed for multilingual populations. Decades ago, few if any of the exams used to diagnose speech delays had been “normed” — or pretested to establish expectations and benchmarks — on non-English-speaking populations.

    For example, early childhood intervention programs in Texas were required several years ago to use a single tool that relied on English norms to diagnose Spanish-speaking children, said Ellen Kester, the founder and president of Bilinguistics Speech and Language Services in Austin, which provides both direct services to families and training to school districts. “We saw a rise in diagnosis of very young (Spanish-speaking) kids,” she said. That isn’t because all of the kids had speech delays, but due to fundamental differences between the two languages that were not reflected in the test’s design and scoring. (In Spanish, for instance, the ‘z’ sound is pronounced like an English ‘s.’)

    There are now more options than ever before of screeners and tools normed on multilingual, diverse populations; states, agencies and school districts should be selective, and informed, in seeking them out, and pushing for continued refinement.

    Expand training — formal and self-initiated — for speech therapists in the best ways to work with diverse populations. In the long-term, the best way to help more bilingual children is to hire more bilingual speech therapists through robust DEI efforts. But in the short term, speech therapists can’t rely solely on interpreters — if one is even available — to connect with multilingual children.

    That means using resources that break down the major differences in structure, pronunciation and usage between English and the language spoken by the family, said Kester. “As therapists, we need to know the patterns of the languages and what’s to be expected and what’s not to be expected,” Kester said.

    It’s also crucial that therapists understand how cultural norms may vary, especially as they coach parents and caregivers in how best to support their kids, said Katharine Zuckerman, professor and associate division head of general pediatrics at Oregon Health & Science University. 

    “This idea that parents sit on the floor and play with the kid and teach them how to talk is a very American cultural idea,” she said. “In many communities, it doesn’t work quite that way.”

    In other words, to help the child, therapists have to embrace an idea that’s suddenly under siege: cultural competence,

    Quick take: Relevant research

    In recent years, several studies have homed in on how state early intervention systems, which serve children with developmental delays ages birth through 3, shortchange multilingual children with speech challenges. One study based out of Oregon, and co-authored by Zuckerman, found that speech diagnoses for Spanish-speaking children were often less specific than for English speakers. Instead of pinpointing a particular challenge, the Spanish speakers tended to get the general “language delay” designation. That made it harder to connect families to the most tailored and beneficial therapies. 

    A second study found that speech pathologists routinely miss critical steps when evaluating multilingual children for early intervention. That can lead to overdiagnosis, underdiagnosis and inappropriate help. “These findings point to the critical need for increased preparation at preprofessional levels and strong advocacy … to ensure evidence-based EI assessments and family-centered, culturally responsive intervention for children from all backgrounds,” the authors concluded. 

    Carr is a fellow at New America, focused on reporting on early childhood issues. 

    Contact the editor of this story, Christina Samuels, at 212-678-3635, via Signal at cas.37 or [email protected].

    This story about the speech therapists association was produced by The Hechinger Report, a nonprofit, independent news organization focused on inequality and innovation in education. Sign up for the Hechinger newsletter.

    The Hechinger Report provides in-depth, fact-based, unbiased reporting on education that is free to all readers. But that doesn’t mean it’s free to produce. Our work keeps educators and the public informed about pressing issues at schools and on campuses throughout the country. We tell the whole story, even when the details are inconvenient. Help us keep doing that.

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  • FIRE amicus brief: First Amendment bars using schoolkid standards to silence parents’ speech

    FIRE amicus brief: First Amendment bars using schoolkid standards to silence parents’ speech

    Does the First Amendment protect passive, nondisruptive political speech of adults in a public forum? Under longstanding precedent and common sense, the answer is yes, of course it does. Yet a federal district court in New Hampshire ratified a viewpoint-based removal of parents from a high school soccer game. So FIRE filed an amicus brief in the appeal from that decision, explaining how the court went astray.

    In September 2024, as a form of silent protest against allowing a transgender athlete to play on the opposing girls’ soccer team against Bow High School, parents Kyle Fellers and Andy Foote donned pink “XX” wristbands during halftime. After about 10 minutes, school officials approached, along with a police officer, and demanded that the two parents remove the wristbands or leave the game.

    Worse, when the parents invoked their First Amendment rights, the officials threatened to arrest them for trespassing despite having no evidence that the wristbands, as opposed to the school officials’ conduct, was causing any disruption of the soccer match. Nor is there any evidence the transgender athlete saw the wristbands.

    So when a federal district court rejected the parents’ constitutional challenge to their treatment, it made two key mistakes.

    First, it held censoring their message was not viewpoint discrimination — even though the record shows Bow High School officials explicitly cited what they perceived as the protest’s “exclusionary” views while allowing “inclusive” messaging. That is, they objected to the wristbands’ gender identity messaging because they found it offensive, while at the same permitting other displays, including those celebrating LGBT causes.

    That is textbook viewpoint discrimination, and is simply unconstitutional in any kind of forum, full stop. As the Supreme Court ruled in the 2001 case Good News Club v. Milford Central School, “When a restriction is viewpoint discriminatory, we need not decide whether it is unreason­able in light of the purposes served by the forum.” 

    Second, the court imported precedent applicable only to K–12 students in school into its forum analysis, and misapplied it to the speech of adults. Although it acknowledged this is not a student speech case, the court looked to Tinker v. Des Moines Independent Community School District, which affords school officials some authority to regulate student speech that substantially causes disruption or invades the rights of others. But Tinker has no role in analyzing adult speech in a public forum.

    The district court compounded that error by developing a test based on its reading of the First Circuit decision in L.M. v. Town of Middleborough to justify censorship of the parents’ passive protest as demeaning towards a visiting student. But L.M. involved student speech — not adult speech — and used reasoning that doesn’t apply here. 

    Even if Tinker did apply (it doesn’t), L.M. relied solely on its “substantial disruption” standard to hold demeaning statements might eventually lower test scores and cause “symptoms of a sick school,” while disclaiming reliance on “rights of others” under Tinker. Despite that, the district court centered its L.M.-based analysis on how the protest here might invade the visiting athlete’s rights, not that it would disrupt school functions. 

    Had other students or adults actually engaged in what both the school district and district court feared may occur — essentially, discriminatory harassment — school administrators are already empowered under Davis v. Monroe County Board of Education to counteract conduct that is “so severe, pervasive, and objectively offensive … that the victim-students are effectively denied equal access to an institution’s resources and opportunities.” 

    All told, as FIRE explained to the First Circuit, it is unwise to further dilute First Amendment protections by applying L.M. to adult speech. By sanctioning Bow High’s viewpoint discrimination against passive political protest and bastardizing student speech principles to silence adults, the district court’s decision would give administrators expansive authority over protected adult expression. That unwarranted and dangerous outcome is why the First Circuit should reverse on appeal, to protect First Amend­ment rights against erosion and abuse.

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  • A review of student suicides suggests that standards are now necessary

    A review of student suicides suggests that standards are now necessary

    For years, bereaved families have fought for answers – and change – after losing their children to suicide at university.

    When life is difficult, Samaritans are here – day or night, 365 days a year. You can call them for free on 116 123, email them at [email protected], or visit http://www.samaritans.org to find your nearest branch.

    Arguably the most high-profile have been Bob and Margaret Abrahart, who led this charge after their daughter Natasha died in April 2018 at the University of Bristol.

    Despite her severe social anxiety, Natasha was required to give oral presentations that filled her with dread, and in 2022, a judge ruled that Bristol had discriminated against Natasha under the Equality Act by not making reasonable adjustments.

    But he did not find the university owed a general duty of care to avoid causing psychiatric harm – noting that:

    …if a relevant duty of care did exist… there can be no doubt that the university would have been in breach.

    That distinction prompted the Abraharts and other bereaved families to launch the “#ForThe100” campaign, named after the estimated annual student suicide toll. Their petition for a statutory duty of care gathered over 128,000 signatures and triggered a Westminster Hall debate in 2023, where MPs across parties voiced support.

    The skills minister at the time, Robert Halfon, rejected the call for statutory change. Instead, as part of a higher education mental health implementation taskforce, he announced an independent review of student suicide deaths – a “watching brief” approach that effectively deferred the question of legal responsibility while monitoring the sector.

    The review has now been published – and it reveals a catalogue of missed opportunities, systematic failures, and inadequate protections for vulnerable students.

    It also evidences the patterns identified by campaigners for years – poor monitoring of disengagement, communication silos between academic and support services, inadequate training for staff, and safety concerns in university accommodation.

    The big question now is whether the evidence will drive the legal and cultural shifts needed to protect students and prevent future deaths – or whether it will become yet another well-intentioned PDF on the ever-growing pile of guidance that relies on voluntary implementation.

    A review of student suicides

    The National Confidential Inquiry into Suicide and Safety in Mental Health (NCISH) team from the University of Manchester was commissioned to conduct the review. Their approach was methodical – all higher education institutions in England were asked to submit redacted serious incident reports for suspected suicides and serious self-harm incidents occurring during the 2023-2024 academic year.

    The response was robust. Of the 115 Universities UK members, 113 (98 per cent) provided a nominated contact, and 110 (96 per cent) responded with information about serious incidents during the academic year. That does at least suggest that universities recognise the importance of addressing student suicide, even if some remain hesitant about legal frameworks for doing so.

    In total, universities reported 107 suspected suicide deaths and 62 incidents of non-fatal self-harm during the 2023-2024 academic year. Of these, 104 serious incident reports (79 for suspected suicides and 25 for self-harm) were submitted to NCISH for analysis. As such, it is the largest collection of detailed individual-level data on student suicide ever compiled in the UK.

    The team then analyzed those reports against established standards, including both the Universities UK/PAPYRUS/Samaritans guidance for conducting serious incident reviews, and NCISH’s own 10 standards for investigating serious incidents. They examined student characteristics, identified risk factors, evaluated the quality of investigations, and assessed the recommendations and action plans arising from these reviews.

    Pressure and disengagement

    In 38 per cent of cases, students were experiencing academic problems or pressures. These ranged from exam-related stress (10 per cent) to anxiety about falling behind or meeting deadlines (19 per cent).

    Nearly a third (32 per cent) of reports identified evidence of non-attendance – a critical warning sign that was often met with inadequate response, if it was noticed at all. The most common intervention was an automated email from administrators, rather than proactive personal outreach.

    The report argues that that represents a significant missed opportunity for intervention – calling for students who are struggling academically to be recognised as potentially at risk, with an enhanced focus on providing a supportive response, as well as increased awareness of support at key pressure points in the academic calendar, especially during exam periods.

    The review also found that while 21 per cent of students were or had been part of “support to study” procedures or equivalent, there were clear instances where a cause for concern had not been appropriately escalated.

    The report identifies a need for additional or more robust processes for monitoring student engagement and non-attendance, including recommendations to review attendance triggers, the development of consistent approaches to responding to non-attendance, and the implementation of earlier interventions when disengagement is identified.

    The timing of incidents reinforces the connection to academic pressure, with peaks occurring in March and May – coinciding with assessment and exam periods – and notably fewer incidents during holiday periods, suggesting that academic stressors play a significant role in student distress.

    One thing I’d add here is that it really shouldn’t be a given that students in the UK all progress and complete at the same pace – that we are the country in the OECD whose students complete the fastest and drop out the least has some obvious downsides that the LLE, and a large dose of culture change, really ought to tackle.

    The other thing worth considering is culture. In our work on student health last month, academic culture popped up a significant but often overlooked determinant of student health in survey responses, with students describing patterns of overwork, presenteeism, and a “meritocracy of difficulty” that rewards suffering over learning outcomes.

    Students’ comments revealed how unhealthy work patterns are normalized within academic environments, with concerns about overwhelming assessment deadlines, high-stakes exams disadvantaging students with health conditions, and the glorification of struggle across disciplines. Students also highlighted the disconnect between wellbeing messaging and impossible workloads, articulating a desire for intellectually challenging environments that don’t lead to burnout – as well as both personal and systems empathy.

    Their solutions included workload mapping, identifying assessment bottlenecks, flexible assessment strategies offering multiple ways to demonstrate learning, staff training on setting healthy work boundaries, health impact assessments for curriculum design, accessibility-focused policies, clear distinctions between challenging content and unnecessary stress, student workload panels with authority to flag unsustainable demands, and revised attendance policies to discourage presenteeism during illness. They are all worth considering – as are projects like the one referenced here.

    Mental health, neurodiversity and support services

    Nearly half (47 per cent) of reports identified mental health difficulties as a factor prior to the incident, with 31 per cent noting diagnosed mental health conditions. Most commonly, these were depression and anxiety disorders (20 per cent).

    Significantly, 30 per cent of reports described a diagnosis or suspected diagnosis of neurodiversity, including attention deficit hyperactivity disorder (ADHD), autism spectrum disorder, or dyslexia. Of these neurodivergent students, only 14 described reasonable adjustments or support/inclusion plans tailored to their needs, and 12 per cent also had a mental health diagnosis. That suggests big gaps in support for students with overlapping mental health and neurodevelopmental needs.

    Especially concerning is that 70 per cent of students were known to university support services before their death, most often wellbeing services. These weren’t cases where students were suffering in silence – they had actively reached out for help within the university system. In many cases, students had multiple touchpoints with support services, but there were often gaps in follow-up, inadequate assessment of risk severity, and insufficient intensity or continuity of support.

    It’s partly the silo problem again. The report identified plenty of problems with information sharing in 24 per cent of cases, where critical details about a student’s mental health were not communicated between clinical, pastoral, and academic staff. Communication breakdowns meant that while a student might disclose suicidal thoughts to a counselor, personal/academic tutors remained unaware of the severity of their situation, continuing to apply normal academic pressures.

    Similarly, when academic staff noticed concerning changes in attendance or performance, this information wasn’t consistently shared with mental health professionals who could have intervened.

    The review specifically recommends improving information sharing internally and externally but notes that (often unfounded) concerns about confidentiality prevent effective coordination – leaving vulnerable students to navigate fragmented support systems and tell their story repeatedly to different university staff. What I’d note is that recommendations and guidance on this have been around for years now – universities clearly need to go further, and faster.

    And the realities of the funding system, the state of the sector’s finances and the resultant staff-student ratios in plenty of departments also need an honest conversation. If it’s noticing that matters, other students also need to be in the mix as well as academic staff.

    Location and transition

    Where location was known, 23 per cent of incidents occurred in university-managed accommodation – suggesting serious safety concerns in spaces directly controlled by institutions. The review specifically recommends reviewing the safety of university-managed accommodation, including physical safety, high-risk locations, the criteria for welfare checks, and signposting for support, particularly out-of-hours.

    I’d suggest that that should probably reflect, via the codes of practice the firms will be required to join to escape the regulation in the Renter’s Rights Act, standards in private halls too – although that would, of course require a modicum of coordination between DfE and the Ministry of Housing, Communities and Local Government.

    Almost three-quarters (73 per cent) of students were undergraduates, with over a quarter (27 per cent) in their first year of undergraduate studies, backing up previous research that has indicated that the first year represents a particularly vulnerable transition period – often leaving home, managing independent living, forming new relationships, and adapting to university-level academic demands.

    The review suggests these changes create a perfect storm of risk factors – first-year students often lack established campus support networks while losing daily contact with home support systems, may struggle with imposter syndrome or academic uncertainty, and frequently hesitate to seek help, believing their struggles are just “normal” adjustment issues.

    The problem is then compounded by institutional factors – with no prior academic record to contextualise changes in engagement and larger first-year class sizes, warning signs frequently go unnoticed by staff. The review specifically calls for enhanced induction processes and early intervention systems for first-years, recognising that proactive support during this critical transition period could significantly reduce suicide risk.

    I remain convinced that near-universal systems of group social mentoring found on the continent could have a major role to play here – they’re even in the legislation in Finland – but I also wonder whether the other notable OECD comparison, that (together with Belgium) we have pretty much the youngest bachelor’s entrants in the world, could also do with some significant thought.

    DfE has, of course, had a previous run at coordinating a national piece of work on transition support and standards – but the less said about that the better. We almost certainly need something more consistent, substantial and credit-bearing – I sketched out what that could look like here.

    International students

    International students accounted for nearly a quarter (24 per cent) of all submitted reports – a disproportionately high percentage given their representation in the overall student population. The overrepresentation could suggest additional challenges, including potential cultural and language barriers, social isolation, and distance from established support networks.

    In many ways, they face much of what home students face, with unfamiliar academic and cultural expectations, (often) studying in a second language, managing complex visa requirements, and coping with significant financial pressures due to higher fees and limited work rights piled on top. Many also experience intense pressure to succeed from family members who may have made substantial sacrifices to fund their education.

    The review found that cultural differences significantly impacted how international students experienced and expressed mental health difficulties. In some cases, cultural stigma around mental illness prevented students from seeking help, while in others, language barriers made it difficult to effectively communicate distress to university staff. The report also noted particular difficulties with international students who were isolated within their own cultural groups, making it harder for wider university systems to identify warning signs.

    Despite the overrepresentation of international students in suicide cases, the review found minimal evidence of culturally sensitive support services or targeted outreach. Many just applied a one-size-fits-all approach to wellbeing support that failed to account for diverse cultural understandings of mental health.

    The review specifically recommends that universities develop more culturally competent services and proactive engagement strategies for international students – particularly those from countries with significant cultural differences from the UK.

    There’s a reason why new Office for Students Condition E6 on harassment and sexual misconduct specifically requires approaches that are tailored to a provider’s specific student population, and that systems and processes to help prevent and respond to harassment and sexual misconduct are accessible to international students. It’s true on this issue too.

    Investigation quality and university response

    Following a death by suicide, the review found significant gaps in postvention support – the care provided to those affected. While 41 per cent of reports showed evidence of support for peers following a suicide, there was significantly less support for affected staff (18 per cent) and bereaved families (9 per cent).

    The review recommends that anyone affected by a student’s death by suicide should be offered or signposted to appropriate support – acknowledging that effective postvention is itself a critical component of preventing further deaths.

    The review then found wide variation in how universities investigate student deaths and respond to them. In three-quarters (76 per cent) of all reviewed cases, families were not involved in any aspect of the suicide investigation process. While 72 per cent of reports indicated that the family was contacted after the death to offer condolences, only 11 per cent of families contributed to or were offered involvement in the investigation process. And just 6 per cent of reports had been shared with the families.

    As the report notes, families provided:

    …moving accounts of feeling excluded from the process of finding out what happened to their loved ones, and some had a perception that the university was evasive and reluctant to answer important and painful questions.

    The exclusion of those who knew the student best not only denies families closure but also prevents universities from gaining valuable insights about circumstances outside the institution.

    It also raised significant questions about who conducts these investigations and their qualifications to do so. In 35 per cent of reports, information on the lead reviewer was not available. Only 13 per cent explicitly stated that the lead reviewer had no prior involvement with the student – a fundamental principle of independent investigation.

    There was also little evidence that those conducting the reviews had specific training or expertise in suicide prevention or investigation. As the report notes:

    …completing a serious incident review is an additional strategic-level responsibility, with no status of its own within someone’s job role.

    Most reviews focused narrowly on the university’s own processes and records, rarely seeking information from external sources. Despite 60 per cent of reports indicating the student had contact with other agencies (such as healthcare providers), only 6 per cent of these included contributions from those organizations in the review process.

    The gathering of information “did not generally extend to records and contributions from other agencies” such as primary care, secondary mental health care, and the criminal justice system. This was true even where the university was aware that those agencies had played a critical role in the student’s care. This inward-looking approach created significant knowledge gaps that could have been filled with input from families, health providers, and other external sources.

    The report also notes that there were examples of gaps in the chronology with little or no information between the student’s last contact with the HE provider and the incident. Without a comprehensive understanding of the student’s circumstances, universities can’t effectively identify all factors contributing to suicide risk.

    This won’t come as a surprise to anyone working in HE, but while 79 per cent of reports identified learning to help prevent future incidents (generating almost 300 recommendations in total), the implementation process was often weak. Over half (53 per cent) identified specific actions, but 18 per cent of these lacked clear owners and 40 per cent had no timescales for delivery.

    That raises questions about whether these recommendations are ever fully implemented or simply filed away. Learning points were “inconsistently assigned or scheduled,” with a lack of institutional commitment to following through on identified improvements. Without accountability mechanisms and clear follow-up processes, there’s little assurance that these recommendations will lead to meaningful change.

    Learning from tragedy

    The review makes 19 specific recommendations across four categories – safety concerns, suicide prevention within university systems, amendments to guidance, and wider system messages. They are comprehensive – but they largely represent guidance rather than enforceable standards.

    The first recommendation, for example, calls for “mental health awareness and suicide prevention training” to be available for all student-facing staff, with consideration for making such training mandatory – acknowledging the critical role staff play in identifying and responding to students in distress.

    But the report stops short of recommending that training be required – using the softer language of “consideration” for mandatory training. It’s a recommendation I’ve read hundreds of times over the years, and in the financial and redundancies state the sector is in, it would be hard to believe that it’s going to happen without a requirement that it does.

    That’ll be why OfS is now requiring it in E6 for harassment and sexual misconduct, and why that includes a line on “no saying you can’t afford it – if you can’t afford it, don’t provide HE”. Something similar should surely apply here.

    Meanwhile recommendations 3 and 4 address academic pressures, calling for students struggling academically to be “recognised as potentially at risk” and for increased support at key academic calendar points. They are a shift toward viewing academic processes not just as educational tools but as potential risk factors for mental health – a perspective that aligns with campaigners’ arguments for a duty of care that encompasses the whole student experience.

    Although as I said above, some system-structural issues relating to age and pace ought be on the list inside DfE’s reform plans for proper consideration.

    While it stops short of recommending a duty of care, it does call for “a duty of candour” to be introduced to the HE sector, setting out organisational responsibilities to be open and transparent with families after a suspected suicide. That would include a duty to provide information on what happened, at the earliest point.

    As it stands, Keir Starmer promised that such a duty, to apply to public authorities including universities, would appear by 15 April – the anniversary of the Hillsborough disaster. But it’s a deadline that was missed – with rumours that officials have been attempting to water it down and questions over whether it would apply in internal investigations as well as statutory inquiries. A decision will need to come soon.

    Mark Shanahan, on behalf of the LEARN Network, argues that universities are learning communities, but it is unclear from the research whether the learning leads to change. If nothing else, they’re supporting the idea that the exercise becomes annual:

    In some ways, it’s a vindication to see the concerns of bereaved families confirmed, when many feel so excluded when they try to find out what happened to their sons and daughters. Without families’ strength and persistence this report would not have been commissioned. We need to see it repeated annually if lessons are to be learned over the longer term.

    Given that so few University Mental Health Charter Awards have been achieved (just two in 2025), the network also argues that a legal duty of care by universities towards students, delivered by statute and/or regulation is the only way to accelerate the changes advocated in this report.

    Duty of care?

    The review comes, of course, amid ongoing confusion about what a “duty of care” would actually mean in a university context. The current government position, articulated by DfE minister Janet Daby, is that “a duty of care in HE may arise in certain circumstances” which “would be a matter for the courts to decide.”

    On BBC News, asked why a legal duty of care had not been introduced, skills minister Jacqui Smith says that “we do think that universities have a general duty of care to their students”, but that there were “some legal challenges”:

    We’ll be absolutely clear with universities that this is their responsibility. We’ve made resource available and we will continue to challenge them to deliver that.

    Being “absolutely clear” means establishing a legal duty and then asking your regulator to proactively monitor compliance with it – not a combo of endless finger wagging and a charter whose evaluation report found universities where mental health and wellbeing efforts were ad hoc, siloed, had limited proactive outreach, featured inconsistent and sometimes contradictory responses across departments, and lacked a strategic approach to mental health in curriculum design, community building and risk management.

    And “resource” probably doesn’t mean the paltry £5 per student in the grant letter.

    The position on duty of care contrasts sharply with the certainty provided in other contexts – like as the duty of care employers owe to their employees or that schools owe to their pupils – and means students enter university without clarity on what protections they can expect, while universities operate without clear standards for their responsibilities.

    As Bob Abrahart argues:

    …students and universities need instead to know where they stand.

    The review signals pretty clearly that the ambiguity has real consequences – inconsistent practices, missed warning signs, and preventable tragedies. Valuable recommendations will mean nothing if their implementation remains voluntary without a statutory framework.

    And as I’ve argued before on the site, when students have rights and know their rights, they’re better able to contribute to decent conversations about how they might be implemented practically. The rest is all “in an ideal world”, and we’re very much not in an ideal world right now.

    A more comprehensive statutory duty of care would establish clear standards for prevention, requiring universities to take reasonable steps to avoid foreseeable harm. It would not, as opponents suggest, treat students as children or make universities responsible for all aspects of student wellbeing. It would provide clarity on the reasonable expectations students can have of their institutions, and ensure consistency across the sector.

    The review has shown where the problems lie – now ministerial courage is needed to implement solutions that are universally applied. The 107 students whose deaths formed the basis of this review deserved better. Future students deserve the protection of clear, enforceable standards that their staff get.

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  • States try to tackle child care shortages — by lowering standards

    States try to tackle child care shortages — by lowering standards

    When this year’s legislative session launched in Idaho, early childhood experts and advocates were hopeful that the state, which has a shortage of child care, would invest more in early learning programs. Instead, lawmakers proposed what may be the most extreme effort yet to deregulate child care in America: The bill called for eliminating state required staff-to-child ratios altogether, instead allowing child care providers to set their own.

    While the effort was met with fierce opposition in the state, it represents a trend gaining momentum in the country. Rather than investing in the struggling child care industry, more than a dozen states have proposed lowering the minimum age to work with children, easing education and training requirements, and raising group sizes and ratios. (Read my December story on this growing deregulation movement. I investigated such efforts in states including Kansas and Iowa.)

    The deregulation measures come at a time when many early childhood programs face federal funding and staffing cuts. Head Start programs were hit by a federal funding freeze and struggled to draw down payments even after the Trump administration announced Head Start was exempt from the freeze. Then, earlier this month, the Trump administration closed five of the Administration for Children and Families’ (ACF) regional offices and placed staff from those offices on leave, threatening support for Head Start, which is overseen by ACF, as well as programs that receive federal child care subsidies. Last week, USA Today reported that President Donald Trump is considering a budget proposal that would eliminate funding for Head Start altogether.

    At the state level, Idaho lawmakers are not the only ones to propose child care deregulation legislation this year. Minnesota lawmakers also issued similar proposals, including increasing family child care capacity limits and relaxing ratios in rural areas. Another bill in the state proposes lowering the age requirement of assistant teachers from 18 to 16. In Kansas, where a lawmaker proposed hiring 14-year-olds to help in child care classrooms in 2023, a new bill aims to reduce training requirements. An Indiana measure would loosen staff-to-child ratios based on the ratios set in neighboring states, and one in North Carolina would increase maximum group sizes for young children. And in Florida, lawmakers have called for an abbreviated inspection plan for some child care programs.

    While deregulation is more common in red states, there have also been some recent efforts to invest in early learning programs that transcend the red-blue divide. In Georgia, Gov. Brian Kemp proposed an additional $14 million aimed at reducing preschool class sizes and $5.5 million to address issues with the state’s child care subsidy program for lower-income families. Indiana Gov. Mike Braun called for more spending to eliminate the state’s waitlist for child care subsidies. And South Carolina Gov. Henry McMaster proposed $20 million to continue a program that provides wage supplements to child care workers.

    In Idaho, the deregulation legislation was eventually amended to loosen the state-mandated ratios — without eliminating them altogether. It also forbids municipalities from setting more stringent child care regulations than the state, something that was allowed in the past and allowed cities to set a “higher standard” for programs, said Martin Balben, director of strategic initiatives for the Idaho Association for the Education of Young Children.

    “I think municipalities are still kind of reeling with how to confront that reality,” he said. “It remains to be seen how [they] are going to handle their lack of local control in this area moving forward.”

    Experts say while deregulation is nothing new, the recent momentum is troubling. “We absolutely want to make sure that states are not rolling back their health and safety measures,” said Diane Girouard, state policy senior analyst at Child Care Aware of America. “We want to make sure that they’re not compromising children. … There are no quick fixes.”

    Contact staff writer Jackie Mader at 212-678-3562 or [email protected].

    This story about child care services was produced by The Hechinger Report, a nonprofit, independent news organization focused on inequality and innovation in education. Sign up for the Hechinger newsletter.

    The Hechinger Report provides in-depth, fact-based, unbiased reporting on education that is free to all readers. But that doesn’t mean it’s free to produce. Our work keeps educators and the public informed about pressing issues at schools and on campuses throughout the country. We tell the whole story, even when the details are inconvenient. Help us keep doing that.

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  • Thirty ways for DfE to deliver the manifesto and raise the standards of teaching

    Thirty ways for DfE to deliver the manifesto and raise the standards of teaching

    At some point we might get some actual higher education policy out of the Department for Education (DfE), rather then endless crackdowns on the “long tail” of the market.

    There’s rumours of a (next) TEF delay which we might assume ministers will take an interest in, and a signature manifesto commitment on “raising the standards of teaching” to deliver.

    It all raises the question – what should Labour’s agenda on teaching be? How might it realise it? What levers will it pull?

    Of course it’s the case that whatever the agenda, there’s a need for the right funding systems (for both students and providers) and regulatory architecture – and those will always dominate the discussion.

    But you’d like to think there were other things, too.

    Reinstate the QAA as the Designated Quality Body for England

    A nice and easy start – DfE should issue ministerial guidance directing the Office for Students (OfS) to re-designate the QAA as the primary quality assurance body. The QAA has long maintained international credibility and alignment with European standards – something England has steadily drifted away from since Brexit.

    It’s not just a technical concern – it threatens the international recognition of English qualifications at precisely the moment when global educational mobility is increasing. OfS has tried to go it alone on quality – the experiment has failed. No shame in admitting it.

    Re-establish periodic review and enhancement expectations

    DfE should direct OfS to develop requirements for periodic review through regulatory guidance, with funding for QAA to develop a new enhancement framework appropriate for England’s context.

    One of the quietest casualties of England’s regulatory experiment has been the loss of enhancement culture. Where periodic review encouraged reflection and improvement, the pendulum has swung decisively toward compliance and risk-management. England now lags behind Scotland, Wales, and Northern Ireland, where enhancement remains central to quality regimes. We now have a sector where teaching innovation happens despite, not because of, the regulatory framework. It could be different.

    Scrap the current TEF and implement subject-level TEF based solely on metrics

    First, abolish continuation as a metric that somehow represents “teaching quality”. We’re so good at it internationally that it’s starting to look like kidnapping, and seriously harms the sort of flexibility envisaged in the LLE or required from our breathtaking levels of decision regret.

    Then DfE should issue guidance to OfS to develop a revised, metrics-based TEF framework operating at subject level. As currently constituted, the TEF neither drives genuine improvement nor provides meaningful information to prospective students. A subject-level TEF grounded in robust metrics would offer more granular insights while slashing the cost and reducing the burden of institutional storytelling that has become the hallmark of the current approach.

    And it would prevent what is likely to be a key “misleading practice” issue under the DMCC act – a “TEF Gold” banner appearing over the door of a faculty whose metrics would suggest a requires improvement rating.

    Regulation for the struggling, enhancement for the thriving

    A simple distinction should be made in the approach to quality. For provision failing to meet minimum standards (below B3 thresholds), robust regulatory intervention through OfS remains appropriate. More boots on the ground if anything. However, for provision meeting or exceeding these standards, we need to shift from compliance-checking to enhancement-driven approaches led by the QAA.

    In other words, let OfS carry on its inspections against minimums when its thresholds aren’t met at subject, provider or subcontractual status level, and let quality assurance and enhancement via the QAA sit alongside it for everyone and everything else. Neat.

    Require publication of external examiner reports

    External examining is one of the oldest, most trusted mechanisms for maintaining academic standards in the UK and causing collaboration between universities – but it has become increasingly invisible. Reports are buried in back-office systems, rarely seen by students, and seldom discussed publicly.

    DfE should ask OfS to require the publication of external examiner reports, ideally with departmental responses. Visibility would encourage honest, critical engagement with standards, and bring students into the conversation about academic quality. After all, if someone outside the course is checking the quality, why shouldn’t those taking it see what they say?

    Establish targets and metrics for staff teaching training

    Universities are packed with subject experts, but expertise in a field doesn’t automatically translate to expertise in teaching it. The uneven distribution of pedagogical training and teaching qualifications means students experience wildly different teaching quality depending on their course, their institution, and sometimes just luck of the draw.

    OfS should be asked to introduce and publish metrics on staff development, making it clear which institutions invest in teaching capacity. Yes – an input measure! One that students actually want.

    Require compulsory module evaluations with visible results for loan-funded modules

    Every module of credit that accrues a loan charge should be accompanied by a compulsory evaluation, with results that students can see – including action taken in response to previous feedback. A “comply-or-explain” expectation would transform the granularity of information available to students making module choices under the Lifelong Loan Entitlement, and improve teaching. DfE should ask OfS to apply one.

    If students are paying for it (and increasingly borrowing for it), they deserve to know what they’re getting. Student reps can then work with the data and work with departments on problem-solving instead of being asked to supply feedback themselves.

    Reduce the number of subject benchmark statements

    The current proliferation of subject benchmark statements has created a rigid and prescriptive framework that stifles innovation and interdisciplinarity. If they were reduced and broadened, there would be more space for flexible curriculum design that responds to emerging fields and changing student needs. That’s about defining quality and standards in ways that encourage creativity and adaptation – rather than compliance and conformity. The EU is hurtling in this direction anyway – would be nice to… align at least. That should go in the ministerial direction letter too.

    Convene a partnership between NUS and SUs for national student-led teaching awards

    Student-led teaching awards have become an important feature at most universities, celebrating innovative and impactful teaching practice. But their impact remains localised, with limited opportunities to identify and share learning across the sector.

    A national event via a DfE-convened partnership would elevate the student voice in defining teaching excellence, create powerful incentives for innovation, be a good PR opportunity for the sector and the department, and offer a rich source of data on what works for students. It could even be held in 20 Great Smith St to drive down the cost.

    Direct OfS to mine NSS free text responses for insights

    The quantitative metrics of the National Student Survey tell only part of the story, and OfS is sat on a couple of decades of hidden intel – free text comments contain rich insights into student experiences that are currently underutilised.

    With appropriate anonymisation and ethical safeguards, comments could identify emerging concerns, highlight innovative practice, and provide a more nuanced understanding on good teaching that numbers alone cannot capture. Another one for the letter.

    Establish a clear definition of learning gain

    Despite extensive discussion about “learning gain,” there’s no clear consensus on how to define, measure, or evaluate it. The ambiguity undermines meaningful comparison and improvement – so establishing a clear, shared definition, focused not just on knowledge acquisition but on skill development, mindset shifts, and capability building means we’ll get a meaningful framework for universities to then further define for assessing educational value and building degree transcripts. “Dear Susan and Edward, we expect…”

    Establish a regulatory domain focused on “learning environment”

    Currently, various aspects of the learning environment – mental health support, physical spaces, digital infrastructure, library resources – are regulated through bafflingly disconnected processes. The fragmentation creates bureaucratic burden – despite this stuff being essential underpinners of good teaching and learning.

    Asking OfS to establish “learning environment” as a distinct integrated regulatory domain (like it is in most other countries in Europe) would mean a rounded approach – recognising how these elements interact to shape student experiences and outcomes, and clocking that a lot of good learning is self-directed. It would also allow for more proportionate, context-sensitive regulation while maintaining a focus on student needs and concerns.

    Establish a TASO equivalent for teaching enhancement

    England needs its own equivalent to Scotland’s Quality Enhancement Framework – a body akin to TASO (Transforming Access and Student Outcomes) that can convene national conversations, fund pilots, and broker communities of practice around teaching improvement.

    Maybe QAA gets to do it, maybe Advance HE. Maybe someone else. But it’s needed nationally, probably at subject level, and should involve students drawn from academic societies. Can’t DfE convene something? It should CETL for nothing less.

    Push for associate membership of European University Alliances

    Brexit has left UK higher education increasingly isolated from European teaching networks, particularly the European Universities Initiative. They are building the future of cross-border education – shared degrees, joint quality standards, collaborative innovation – while England watches from the sidelines. DfE should push for associate membership of these initiatives to ensure English universities (and their student leaders) are plugged into the networks where the most exciting teaching innovations are emerging.

    Implement DfE approval for franchising arrangements based on qualitative criteria

    DfE should establish a dedicated unit with oversight powers for franchising approvals, with clear guidance on acceptable quality thresholds – as friends in FE somewhere in Great Smith St do. The proliferation of “business/cities” subcontracted provision has created regulatory blind spots where quality can quietly deteriorate – so DfE should hold approval rights for these arrangements based on demonstrable need, track record and quality assurance, not just market opportunity.

    Apply the OfS fairness condition universally across the sector

    DfE should instruct OfS to implement its proposed new fairness condition without exemptions through clear ministerial guidance, requiring equal application regardless of provider type or history. If we’re not careful, we’ll focus regulatory attention on newer providers while established institutions escape scrutiny.

    If a student at Oxford experiences the same poor practice as one at a small private provider, shouldn’t they have the same protections? Fairness cannot be conditional based on institutional prestige or history – either students have rights to good teaching, or they don’t. They do.

    Establish university-level ombuds and a duty to learn from complaints

    DfE should fund a pilot programme for university-level ombuds, followed by regulatory requirements through OfS. The duty to learn from complaints would be implemented through revised regulatory conditions requiring public reporting of complaint outcomes and resulting changes. University-level ombuds – independent officers with investigatory powers and public reporting requirements – could transform how institutions respond to student concerns.

    Rather than treating complaints as irritants to be managed, they would become valuable sources of insight for improvement. OfS should also establish a duty for universities to publicly report on what they’ve learned from complaints and appeals (both uphelds and others), and how practice has changed as a result.

    Require OfS to respond to the National Student Survey each year

    DfE should issue ministerial guidance requiring OfS to produce an annual NSS response document with clear action points – identifying trends, highlighting innovative approaches, and using the data to inform regulatory priorities. Students take the time to respond to the NSS. It’s time the regulator did too. As if students score assessment and feedback badly every year and nothing is done!

    Strengthening student rights and voice

    For all the rhetoric about students as partners, their voice in institutional decision-making remains precarious. The regulatory framework mentions consultation more than it meaningfully embeds representation. Many still treat student engagement as a box-ticking exercise rather than a fundamental right.

    OfS should be told to enshrine stronger rights for students to influence decisions, the curriculum, know their rights, seek redress, and access minimum support for their representative bodies. And every provider should be required to support effective independent student organising (ie SUs) and support for students – not as an optional extra, but as a core expectation given students’ textbook vulnerability.

    Establish “access to the loan book” criteria to drive credit transfer

    England’s student finance system remains one of the major obstacles to student mobility. If you switch institutions, change course, or build credits in non-traditional settings like the workplace, transferring that credit remains difficult and under-rewarded.

    Tying access to student loan funding to a provider’s willingness to recognise credit means DfE could incentivise the sector towards a more flexible future where students have genuine mobility between institutions and learning contexts. Yeah, I know Oxford and Cambridge and a slice of the Russell Group would object. They can probably afford to go exempt.

    Task OfS with monitoring subject/module availability and facilitating collaboration

    The regulator should be asked to monitor subject and module availability – not just full course provision – and be given a duty to drive collaboration across the sector where gaps emerge. Medr has by its minister already. When competition constricts provision, regulation must enable collaboration.

    This might mean funding shared provision between institutions, brokering inter-university module access, or investing in digital platforms that let students study beyond the borders of their enrolled provider. Quality needs choice, and choice has to be protected in the architecture of the system.

    Enshrine the right to build credit across multiple institutions

    What if we enshrined the right for students to accrue credit across multiple higher education institutions? And a domestic mobility scheme – akin to Erasmus, but within the UK – could support students spending terms or modules at other universities, either physically or virtually, learning lessons about excellent teaching along the way. Jacqui would have to have a conversation with Heidi Alexander over the train fares, but it would be great – and we’ve seen it work in several European countries now.

    Allow students to accrue credit through employment and service learning

    Not all “teaching” is done by “teachers”. All students – undergraduate and postgraduate – should have the right to accrue up to 10 ECTS credits per year in recognised learning outside their main subject area, via employment or service learning. For postgraduates, this could extend to 15 ECTS. Whether working in a hospital, mentoring in a school, or delivering a community project, students should gain formal credit for skills developed through real-world application.

    That would reframe how we think about employability – not just as abstract skills development, but as validation of the meaningful, real-world work many students already juggle alongside their studies. It would also encourage universities to connect more deeply with their communities, valuing not just what students learn in the university, but what they contribute through it. The LLE should really be focussed on delivering flexibility in what’s there now, not spending hours figuring out how to stop fraud over single modules.

    Require credit-bearing student induction and transition support

    Every institution should be told to offer structured, credit-bearing induction and transition support – developing core competencies in academic integrity, independent study, and navigating support systems – to ensure that all students, regardless of their educational background, have the tools they need to succeed.

    And while graduate attributes are mapped in fine detail, the early-stage student journey is largely ignored. An embedded framework that builds progressively – with assessment points and optional modules on civic leadership, digital fluency, and self-directed learning – would connect coherently to broader goals around credit mobility and skills development.

    Introduce credit-bearing interdisciplinary “civic lab” modules

    DfE should establish a dedicated civic engagement fund with partners in DCMS to support development and implementation, alongside regulatory expectations for civic engagement through the curriculum. Credit-bearing, interdisciplinary “civic lab” modules across all degree programmes would allow students to apply their disciplinary knowledge to real-world problems while developing transferable skills.

    Develop competency-based academic transcripts

    Revisit Burgess and announce the end of the UK degree classification system. It’s harmful twaddle. A competency-based academic transcript would provide a more helpful picture of graduate capabilities, detailing specific skills, contributions, and attributes developed through their studies.

    It would offer employers and postgraduate admissions tutors a more granular view of student achievement, and would encourage universities to think more broadly about the skills and attributes they’re developing through their teaching. The degree should be about what’s interesting about that graduate, not whether they’re in one of four impossibly broad categories. Just announce it. See what happens.

    Embed inquiry-based learning into teaching quality expectations

    DfE should direct OfS and QAA to develop clear guidance on inquiry-based approaches in teaching, backed by targeted enhancement funding for curriculum development and staff training.

    At its heart, that’s about moving beyond compliance-driven education to something more transformative. We should embed inquiry-based learning into teaching quality expectations, requiring that all students, in all disciplines, experience modules built around active investigation rather than passive content delivery. Module evaluations should track the extent to which learning creates independence, reflection, and curiosity – not just satisfaction scores.

    Communicate NSS standards to students from the outset

    Currently, the National Student Survey functions primarily as a retrospective judgment tool – students reflect on their experiences only after they’ve happened. But the questions within the NSS implicitly define standards for good teaching, assessment, and support.

    If these were made explicit from the outset, students could work collaboratively with academics throughout their courses to realise these standards, rather than just offering critiques after the fact. Doing so would transform the NSS from a retrospective satisfaction measure to a developmental framework that drives ongoing improvement through partnership between students and staff, and empower students to articulate their expectations clearly and engage in constructive dialogue throughout their studies. Pop it in the letter.

    Extend the National Student Survey to postgraduate students

    The experiences of postgraduate students remain considerably less visible than those of undergraduates. Yet these students make up a significant proportion of the higher education population and face distinct challenges around supervision, research support, and career development.

    Extending the NSS to postgraduate taught and research students – with questions appropriately tailored to their contexts – would shine a light on these experiences and drive improvement in areas that are currently under-scrutinised.

    Implement an all-applicant entry survey via UCAS

    Universities currently receive minimal information about their incoming cohorts’ learning needs, preferences, and educational backgrounds – and without that, how can the teaching ever be excellent? It makes it difficult to tailor provision effectively or identify potential support needs early. A universal entry survey, administered through UCAS, would provide invaluable data on learning styles, academic concerns, skills gaps, and support requirements.

    With appropriate data protection safeguards, this information could be shared with providers to inform course planning, induction programmes, and support services. It would also allow for more personalised approaches to teaching and learning, so students receive the support they need from day one rather than waiting for problems to emerge.

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  • VICTORY! 9th Circuit rules in favor of professor punished for criticizing college for lowering academic standards

    VICTORY! 9th Circuit rules in favor of professor punished for criticizing college for lowering academic standards

    SAN FRANCISCO, March 10, 2025 — Today, the U.S. Court of Appeals for the Ninth Circuit ruled in favor of Lars Jensen, a math professor unconstitutionally punished for criticizing what he believed was his college’s decision to water down its math standards.

    Reversing a federal district court, the Ninth Circuit held Jensen suffered wrongful dismissal of his claims against Truckee Meadows Community College in Reno, Nevada, and that he should have his day in court to prove college administrators violated his First Amendment rights. The court also held Jensen’s right to speak out about the math standards was so clearly established that the administrators were not entitled to dismissal on qualified immunity grounds.

    “This decision is a major victory for the free speech rights of academics,” said Foundation for Individual Rights and Expression attorney Daniel Ortner, who argued the case before a Ninth Circuit panel in November 2024. “This decision will protect professors from investigation or threats of termination for their speech, and promote accountability for administrators who violate the First Amendment.”

    The dispute began in 2020, when Jensen planned to comment at a TMCC conference about what he perceived to be diminishing academic standards at the college. After administrators prohibited Jensen from sharing his views at a Q&A session, he printed out his planned comments critiquing the college for allowing for “a student graduating from college” while only being “ready for middle school math,” and handed them out to his colleagues during the break. TMCC Dean Julie Ellsworth told Jensen not to circulate his fliers during the break, but he continued to do so without interrupting the session.

    Ellsworth then accused Jensen of “disobeying” her and warned him he had “made an error” defying her. Following through on her veiled threats, Ellsworth sent Jensen an official reprimand. Over the next two performance reviews, Jensen’s department chair suggested he receive an “excellent” rating, but Ellsworth retaliated by giving him “unsatisfactory” ratings for “insubordination.” As a result, Jensen automatically had to undergo review for possible termination.

    “The college’s actions tarnished my reputation and chilled my speech,” said Jensen. “The Ninth Circuit’s decision vindicates my First Amendment rights and allows me to have my day in court.” 

    COURTESY PHOTOS OF PROFESSOR JENSEN AND HIS ATTORNEYS

    TMCC might have fired Jensen if not for the speedy intervention of FIRE, which wrote a letter objecting that the administrators were violating the First Amendment, which protects faculty at public colleges in commenting as citizens on matters of public concern. TMCC announced that Jensen would not be fired, but the damage to his First Amendment rights was already done, especially with the negative performance evaluations remaining on his file.

    Jensen sued Ellsworth and other TMCC administrators in 2022, arguing the college’s retaliatory actions violated his First Amendment rights as well as his right to due process and equal protection. A district court dismissed the case in 2023. 

    The Ninth Circuit ruled today that the district court erred in dismissing Jensen’s First Amendment claim, because his speech about the college’s academic standards involved a matter of public concern related to scholarship or teaching, and thus receives First Amendment protection. 

    The Court also held the university’s retaliatory actions were likely to chill Jensen’s speech, and that a university’s “interest in punishing a disobedient employee for speaking in violation of their supervisor’s orders cannot automatically trump the employee’s interest in speaking.” The Court warned, in fact, that if an employer could fire an employee solely for refusing to obey an order to stop speaking, a university could unconstitutionally enjoy “carte blanche to stifle legitimate speech.”

    The Court further held the district court erred when it held that claims against the college administrators were barred by qualified immunity, a doctrine that requires plaintiffs to show a government official violated their “clearly established right” before they can hold those officials accountable for damages. The Ninth Circuit held that at the time Jensen spoke out, “it was clearly established that a professor has a right to speak about a school’s curriculum without being reprimanded, given negative performance reviews, and put through an investigation and termination hearing.”

    The ruling remands the case back to the District Court of Nevada, where Jensen’s First Amendment claims can proceed. He may also choose to amend his other claims as necessary to proceed alongside them. Jensen is also represented by Nevada attorney John Nolan, who brought the lawsuit and wrote the briefs filed with the Ninth Circuit. 

     


    The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.

    CONTACT:

    Alex Griswold, Communications Campaign Manager, FIRE: 215-717-3473; [email protected]

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