Tag: Takeaways

  • Three takeaways from Harvard’s victory over the Trump administration’s funding freeze

    Three takeaways from Harvard’s victory over the Trump administration’s funding freeze

    A federal district court in Massachusetts found yesterday that the government violated Harvard University’s First Amendment rights, as well as Title VI of the Civil Rights Act of 1964, when it stripped the university of billions in federal funding last April. At the time, the Trump administration’s explanations for the cuts strongly suggested its actions were based on hostility towards Harvard’s political viewpoint, though the government eventually shifted to an argument that they were an effort to fight campus anti-Semitism. 

    Much of the opinion covers a dispute about what court has jurisdiction to hear the case. But when it comes to the First Amendment and Title VI, the court’s reasoning echoes what FIRE has said publicly and in our own amicus brief in the Harvard case: Pursuing the worthy end of fighting anti-Semitic and other unlawful discrimination on campus does not justify flatly unlawful and unconstitutional methods.

    Here are FIRE’s three quick takeaways about this decision and what it means for campus rights. 

    Government cannot force private institutions like Harvard to punish speech protected by the First Amendment

    Like many universities, Harvard receives hundreds of millions of dollars every year in research grants and student aid. That money comes with both formal legal requirements and less-formal leverage over how the university operates. 

    In a letter it sent to Harvard in April, the federal government tried to use this leverage to make sweeping demands of Harvard if it wished to continue receiving federal funds, including prohibiting the admission of international students deemed “hostile” to “American values,” political litmus tests in the name of viewpoint diversity, and even the derecognition of pro-Palestinian student groups. 

    As our nation’s oldest and wealthiest university, if Harvard was unwilling to defend its rights in court, it was unlikely that any other institution would have the fortitude to do so.

    But as FIRE’s amicus brief pointed out, “the government cannot strongarm private actors into punishing speech that the First Amendment protects from state intrusion,” noting that the Supreme Court reaffirmed this principle just last year in National Rifle Association v. Vullo, . In Vullo, the NRA accused New York state financial services chief Maria Vullo of using state power to coerce companies not to do business with the NRA because of the state’s opposition to the organization’s pro-gun viewpoint. 

    The district court read the law the same straightforward way. Comparing the government’s actions at each step to the actions at issue in Vullo, the court found: 

    Defendants (like Maria Vullo) urged and threatened Harvard (in the position of the insurer) to hire faculty and make curricula and research choices that better aligned with the government’s preferred viewpoints, to the detriment of professors and researchers with competing views (like the NRA). Pursuant to Vullo, using this type of coercion to suppress speech, third-party or otherwise, is not permissible.

    Whether it’s a state or federal official doesn’t matter: They may not use their power to coerce private actors to unconstitutionally do the government’s bidding. 

    Feds must follow Title VI if it wants to strip funding for Title VI violations

    FIRE has also expressed alarm about the government’s failure to follow the procedures Congress prescribed when stripping funding from Harvard (and other universities) in the name of fighting race, color, and national origin discrimination (including anti-Semitic discrimination) under Title VI of the Civil Rights Act of 1964. 

    Being stripped of federal funding under civil rights law has long been seen as a nuclear option. The loss would likely shut down all but the richest colleges and universities by barring them not just from federal research grants but also from federal student aid, such as Pell grants and federally subsidized loans. That’s why Title VI requires the government to give institutions like Harvard “notice, a hearing, and an opportunity to come into compliance voluntarily before the government can terminate funding,” as we wrote in our amicus brief. Yet the government skipped the process and failed to do so.

    Again, predictably, this failure did not escape the court. It outlined the same procedures to which FIRE pointed in its brief, noting that it was “undisputed” that the government did not comply with them before freezing and terminating funding.  Rejecting the government’s arguments that it could “combat anti-Semitism” at Harvard by terminating funding under different provisions, the court found that “Congress has…passed a law that explicitly provides for when and how an agency can terminate federal funding to address this type of discrimination—and that law is Title VI, which dictates that ‘no such action shall be taken until the department or agency’ has gone through the appropriate procedures.” 

    Harvard’s free speech record is terrible, but be thankful one university found its spine

    FIRE has always been a critic of Harvard’s handling of student and faculty free speech issues. When I say always, I mean that literally. As we told the court, Harvard’s repeated failure to honor student and faculty rights over decades was a major contributor to Boston civil liberties lawyer (and Harvard Law alumnus) Harvey Silverglate’s decision to co-found FIRE in 1999. But none of Harvard’s problems excuse the government’s decision to make these unlawful, unconstitutional demands. 

    FAQ: Responding to common questions about the fight between Harvard and the Trump administration

    Harvard vs. Trump isn’t just a headline, but a battle to decide whether the government can use funding to force ideological conformity. In this explainer, FIRE makes clear why not.


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    Harvard should be commended for standing up for its legal rights rather than settling under this intense government pressure. As our nation’s oldest and wealthiest university, if Harvard was unwilling to defend its rights in court, it was unlikely that any other institution would have the fortitude to do so. 

    The decision should also serve as a needed wake-up call for government agencies charged with enforcing our civil rights laws. As we wrote with regard to Columbia University, which recently settled with the government under similar circumstances, there’s plenty of reason to have legitimate concerns about Title VI violations on college campuses. But Title VI requires that the federal government follow the appropriate procedures for a reason. When followed in good faith, the process increases the chance of just outcomes for colleges, students, and faculty while combatting unlawful discrimination. Federal agencies must follow our Constitution and laws while they do their important work. 

    It’s really that simple.

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  • Top takeaways from OCR nominee’s Senate confirmation hearing

    Top takeaways from OCR nominee’s Senate confirmation hearing

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

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

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

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

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

    Being ‘strategic’ with resources

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

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

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

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

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

    Changes in Title IX enforcement

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

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

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

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

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

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  • 3 takeaways from OCR nominee’s Senate confirmation hearing

    3 takeaways from OCR nominee’s Senate confirmation hearing

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

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

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

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

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

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

    Being ‘strategic’ with resources

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

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

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

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

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

    Changes in Title IX enforcement

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

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

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

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

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

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  • Last Week in Parliament: Three Takeaways

    Last Week in Parliament: Three Takeaways

    It was a busy week in Parliament last week.  The King came to Ottawa to deliver a Speech From the Throne.  His speech – almost exclusively a re-hash of Liberal promises from the April election – was deeply depressing for anyone who thinks the words “knowledge economy” have any meaning.   

    The main feature of the Speech from the Throne was that it spelled out, in excruciating detail, how the Liberals intend to double down on re-creating the Canadian economy of the 1960s.  Oh sure, the King uttered a line in there early on about how his government is committed to “building a new economy.”  But read the document: that sentiment was in no way followed up by anything resembling a commitment to any kind of new economy.  Instead, here are the major economic elements to which the government is committed:

    • Speeding up permits for major construction projects like roads and pipelines and whatnot: because natural resources have to get to the coasts somehow!
    • Building a lot of houses
    • Spending more on defense
    • Breaking down internal trade barriers
    • Er…
    • That’s it.

    Whatever you think of the merits of the various proposals here, this is not a new economy.  It is barely even a warmed-over version of the old economy.  At best, it is about finding new markets for old products, not developing any new products.  I am unsure if it is more that the Liberals have no sweet clue about how to create a new economy, or that they are uninterested in doing so.  But it’s one of those two.

    Now some might argue otherwise because look!  Evan Solomon!  Minister of Artificial Intelligence and Digital Innovation!  How New Economy is that?  All I can say is: please try not to be that person.  Solomon is a Minster without a department with a mandate which is completely undefined.  Is it an internally-facing ministry meant to diffuse digital innovation and AI throughout government?  Or an externally-facing ministry meant to diffuse these things across the economy?  Two weeks after Solomon was named Minister, we still have no clue.   And the Liberal Manifesto and the cabinet’s One Big Mandate Letter give conflicting impressions about the extent to which the Government sees its AI/digital strategy is about skill expansion/diffusion vs. handing money to techbros (the mandate letter reads like the former, the manifesto the latter). One would be forgiven for suspecting the Carney government is making things up as it goes along.

    Anyways, the point here is still: despite Carney’s globe-trotting central banker/Goldman Sachs reputation, this government seems to be staying as far away from a Davos/future industry agenda as humanly possible.  The Liberal “new economy” is all pretty much all construction and primary industries.  This is not a world which requires a lot of higher education.

    Scared yet?  We’re just getting started.  Back on Thursday our new Prime Minister was seen to tweet:

    In other words, this government seems determined to continue in the tradition of both the former government – and the opposition parties for that matter – in framing the country’s ills as problems of costs to be solved by tax cuts and giveaways rather than problems of growth and the institutional investments required to generate it.  This way lies Peronism and perpetual stagnation. 

    And this is from our allegedly “serious” party.

    So, takeaway number one.  Universities need to throw away EVERYTHING in their playbooks for Government Relations.  Selling yourself as “the future” to a government that is desperately trying to reverse our economy into the 1960s is pointless.  This government and this Prime Minster Do. Not. Care.   Until they do, arguing for universities as “crucial” investments is a waste of time.  The real fight is over the shape of the Canadian economy.

    On to a more abstract point about budgeting.  One of the reasons we aren’t getting a budget before fall, despite the government just having been elected with a pretty detailed budget-ready manifesto and the Department of Finance being perfectly capable of putting together a set of Main Estimates for the House of Commons (as it showed on Thursday), is that Carney is trying to introduce a new set of rules with respect to public budgeting.  He spent part of this week insisting that he would balance the “operating budget” within three years, which sparked a lot of incredulity given that i) the economy is about to be in the tank and ii) the Liberals have ring-fenced most of the federal budget by saying they won’t touch transfers to provinces or transfers to institutions.  In theory, that means very significant cuts to program spending.  Like, say, research budgets.

    Except: there is currently no such thing as an “operating budget”.  What Carney wants to do is to exempt from the budget balance requirement anything that can be seen as “capital investment”, which means basically that the main game in Ottawa over the next few years is going to be how to get your favourite piece of spending classed as “capital” instead of “operating”.  And that’s a live issue because the definition the Liberals touted in the election campaign, to wit…

    …anything that builds an asset, held directly on the government’s own balance sheet, a company’s or another order of government’s.  This will include direct investments the government makes in machinery, equipment, land and buildings, as well as new incentives that support the formation of private capital (e.g. patents, plan and technology) or which meaningful raise private sector productivity.

    …is so loose you could drive a truck through it.  Will CFI spending count as capital?  Probably, but not necessarily since universities (in most provinces anyway) are neither a government nor a company.  Will tri-council spending?  Probably not, but that’s not going to stop folks claiming it supports capital formation/raises productivity, so who knows?  So, takeaway number two: get used to arguing distinctions between capital and operating because this might be the only place the sector gets traction in the next little while.

    A final point of importance is something that is not exactly new but has been given fresh salience by being in the Throne Speech, and that is the government’s commitment to limit temporary immigration – that is Temporary Foreign Workers (TFWs) plus international students – to below five percent of the population by 2027.  Or, to put it another way: every extra TFW is one international student less.  What the government has done here is set up a zero-sum game between institutions of higher education and people like the manager of the Kincardine Tim Horton’s whose business model simply cannot work if they are not allowed to employ foreign nationals at below-market rates. 

    This, my friends, is the fight post-secondary education needs to pick and needs to win.  It won’t be easy, because the captains of Canadian industry are largely clueless about competing on anything other than price, meaning low-wage labour is pretty dear to their hearts and they will fight hard for TFWs.  But it is the dilemma this country faces in a nutshell: should we use our scarce temporary immigration spots to make things cheaper in the short-term?  Or should we use them to develop a skilled workforce and build our scientific and technological talent base for the long term? 

    So, I know this won’t come easy to institutions but: screw Bay Street.  Light the torches.  Find the pitchforks.  Pick up anything you have handy and smash the windows of your local Tim Horton’s.  Fight for international students and against TFWs.  This is an existential contest: it decides whether Canada is going to be a country that gets wealthier based on investments in skills, education and science, or a country that bathes in mediocrity because we go mental if the price of a cruller goes up twenty-five cents. 

    And if the sector ducks this fight because direct confrontation with business is icky and makes some Board members uncomfortable?  Well, then the sector deserves everything it gets.  That’s the third, and most important takeaway of the last week.

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  • Creating Human-Centered Workplaces: Takeaways From CUPA-HR’s Spring Conference – CUPA-HR

    Creating Human-Centered Workplaces: Takeaways From CUPA-HR’s Spring Conference – CUPA-HR

    by Christy Williams | May 7, 2025

    At the 2025 CUPA-HR Spring Conference in Seattle, our keynote speakers shared their insights into the future of the higher ed workplace. They encouraged HR practitioners to step boldly into brave leadership, to investigate neuroscience’s insights into human behavior, to embrace advances in artificial intelligence, and to use data to enhance the employee experience.

    But the key message was that innovation should be people-centered and align with HR’s fundamental goal: creating workplaces where people feel safe, valued and free to thrive.

    The Brain Needs to Belong 

    The brain is a social organ, Dr. Jessica Sharp stressed in her opening keynote. Whether or not we’re conscious of it, we’re always searching for connection and belonging — for psychological safety.

    “Our brains need affirmation that we belong. Without it, we don’t feel safe,” Dr. Sharp said.

    Because our brains interpret emotional threats in the same way as physical threats, feeling unsafe at work can provoke a similar feeling to walking alone in a dark parking garage or seeing a snake on a hiking trail. But when we feel a sense of psychological safety and social belonging, our brains shift into connected mode. When we feel safe, we’re more likely to collaborate with our team, be less resistant to change and feel creative.

    Dr. Sharp invited higher ed HR to step into the future of work through neuroleadership. Neuroleadership is a model of talent management that understands the connection between the brain’s inner workings and people’s best work.

    Takeaway: The brain can’t be inspired when it’s in survival mode. Prioritize safety and belonging to encourage creativity.

    Further reading: Explore more ways to strengthen resilience and enhance psychological safety.

    AI Is Your Time-Saving HR Assistant

    AI is the future of work, said Jennifer Parker, the assistant director of HR operations at Colorado Community College System. While this may sound intimidating, it’s important to know that AI won’t replace you, but rather free up time and mental energy so that you can focus on strategy and long-term projects.

    Here’s how Parker uses AI to simplify routine HR tasks:

    • As a brainstorming partner. For example, you can say to AI, “help me write my leadership statement.” Provide context about your career to enhance the responses.
    • To write or revise emails. Parker’s communication mode tends to be folksy, so she has ChatGPT rewrite her emails to be more formal in tone.
    • As a software coach. Ask AI to give you step-by-step directions on creating an Excel formula.
    • To develop presentations, trainings and professional development sessions. ChatGPT helped Parker write microsessions for an online civility campaign, create slide decks and a video explaining benefits to employees.
    • As an employee engagement assistant. Tell AI the dynamics of your culture and ask how you can help foster a healthy workplace.
    • As an event planner. Ask AI to create a training calendar or other complex timeline. For events like open enrollment, ask it for an invitation to the health fair or to craft an inspiring message to remind employees to review their benefits.

    AI can also summarize complex information, break down survey results, act as a career coach or problem solver, offer advice, and more. Get creative! But always review what AI generates for accuracy, and make it your own.

    Takeaway: AI can simplify HR’s daily tasks and free up time for strategic thinking.

    Further reading: Read this step-by-step guide to learn how Parker used ChatGPT as her assistant in creating a virtual civility training program.

    Benchmark Your Employee Experience Using CUPA-HR’s Data 

    What does it take to attract top talent to higher ed? CUPA-HR’s new survey — the Benefits, Employee Experience, and Structure Survey — gives higher ed a snapshot of what it takes to be an employer of choice in a competitive employment landscape, explained Melissa Fuesting, associate director of research at CUPA-HR.

    Using the BEES Survey, colleges and universities can benchmark traditional benefits. And now, for the first time, explore data on:

    • Flexible work
    • Professional development
    • Campus and community engagement
    • Hiring metrics
    • Performance reviews
    • Institutional structure (such as where HR is housed)
    • Policies

    The BEES survey also allows you to take a deep dive on these topics. For example, when it comes to flexible work, you can find answers to questions such as: Which employees have the ability to work flexible schedules or flexible hours? Who determines the policies around hybrid and remote work? Which employee groups can be hybrid or remote?

    Takeaway: To enhance your employee value proposition, benchmark your benefits and employee experience using data from CUPA-HR’s new BEES Survey with DataOnDemand.

    Further reading: For more on attracting and retaining talent, check out the results of the 2023 Employee Retention Survey and stay tuned for the results of the 2025 survey coming this fall.

    “Who We Are Is How We Lead” 

    Cheryl Cofield closed this year’s spring conference with a compelling message: “Who we are is how we lead.” In her powerful keynote, Cofield challenged higher ed HR professionals to examine the leadership armor we wear — the protective behaviors that keep us from leaning into vulnerability and courage. Instead of avoiding difficult conversations or striving for unattainable perfection, brave leaders must be willing to get uncomfortable, speak honestly and model the values they profess.

    Drawing from Brené Brown’s research, Cofield identified four key skill sets that support courageous leadership: vulnerability, values, trust and learning. She described how emotional armor — such as perfectionism, detachment, or a need to always be right — gets in the way of connection, inclusion and growth.

    Through self-reflection and practical tools like emotional literacy, empathy and curiosity-based conversation cues, Cofield encouraged attendees to identify their own “call to courage.” She reminded us that courage in leadership is not only a personal practice but a collective force. When one person shows up bravely, others are more likely to do the same.

    Takeaway: Courage is contagious. When leaders remove their armor and lead with vulnerability, they create more inclusive, trusting and human-centered workplaces.

    Further reading: Learn why leadership development is essential in higher ed and how it strengthens engagement, inclusion and institutional resilience.



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  • 3 takeaways on higher education innovation from the ASU+GSV Summit

    3 takeaways on higher education innovation from the ASU+GSV Summit

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     SAN DIEGO — The higher education sector is facing an onslaught of challenges, including attacks from the Trump administration, fading public confidence and the demographic cliff. But higher education leaders didn’t shy away from these issues at the annual ASU+GSV Summit, an education and technology conference held this week in San Diego

    “The moment is actually a productive moment for us, because we can and should and will use some of the chaos in order to build new kinds of institutions, new infrastructures, new ways of thinking,” said Ted Mitchell, president of the American Council on Education, during a discussion Wednesday

    Below, we’re rounding up three key takeaways from higher education leaders on where the sector needs to go and how it can be more innovative. 

    Higher ed needs to refocus on student success

    Mitchell pointed to multiple threats converging in the higher education sector, including eroding public confidence in colleges and universities. That forces the sector to grapple with important questions. 

    “What are we delivering? Is it the right thing? Is it being delivered to the right people? And is it being delivered to the right people in the right way?” Mitchell said. “I think that the answer to all of those is, ‘Not quite,’ and so that’s the existential threat.”

    He pointed to the national college completion rate, which measures the share of first-time students at degree-granting institutions who complete their credentials within six years. That rate has risen slightly above 60% in recent years. 

    “One hundred percent of the people who come to our doors want a degree,” Mitchell said. “But we disappoint 40% of them. And over time, that has accreted into a group of people in America — Americans who are our community — who say it didn’t work.”

    But centering student success can reverse that trend, Mitchell suggested. Carnegie Classifications, a popular system for categorizing colleges and universities that’s housed at ACE, is using that focus to bring changes to its framework. 

    For example, the system plans to release new classifications in the coming weeks based on student access and earnings, with an emphasis on measuring whether colleges have student bodies representative of their regions. 

    “We’re going to look at institution by institution — are you serving the students in the communities that you serve?” said Timothy Knowles, president of the Carnegie Foundation for the Advancement of Teaching

    A crisis can spur innovation

    Fear can be a motivator to embrace innovation, said Kathleen deLaski, founder of the nonprofit Education Design Lab

    “Let’s not waste a good crisis,” deLaski said during a panel Tuesday. 

    She pointed to enrollment challenges at community colleges. In 2023, The Hechinger Report found that they had shed just over one-third of their students since 2010. However, after years of declines, fall enrollment has been ticking up at public two-year colleges since 2022, according to the National Student Clearinghouse Research Center. 

    Community college leaders began looking for new educational models amid the enrollment crunch, deLaski said. And recently, interest in short-term credentials have been fueling some of the sector’s enrollment gains

    “It’s in the new kinds of short-term pathways, certificates, even dual enrollment in high school,” deLaski said. 

    That’s also been a focus at Education Design Lab. Since 2021, the nonprofit has worked with over 100 community colleges to create “micro-pathways” —  two or more stackable credentials that can be completed in under a year. The pathways are intended to result in jobs at or above the local region’s median wage and put students on track to earn an associate degree. 

    Innovation could come from unexpected places

    Disruption to higher education is more likely to come from certain areas of the sector than others, Paul LeBlanc said Tuesday. LeBlanc is the co-founder of Matter and Space, an artificial intelligence and education company, and he previously led Southern New Hampshire for two decades.

    “Where it is hardest are institutions that are first with sterling reputations and big endowments,” he said. “That’s a huge impediment to innovation.” 

    Public systems with strong unions may also struggle to be disruptive, LeBlanc said, though he added he was not anti-union. 

    On the other hand, colleges often seen as innovative don’t typically fall into those buckets. 

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  • Key Takeaways From Higher Ed Free Speech Conference

    Key Takeaways From Higher Ed Free Speech Conference

    The University of California National Center for Free Speech and Civic Engagement held its annual virtual #SpeechMatters conference Thursday amid a speech environment that is vastly different and far more fraught than anyone could have imagined even a few months ago. The Trump administration is simultaneously punishing colleges for their failure to clamp down on pro-Palestinian protesters and detaining international students, in some cases for participating in those same protests.

    In her opening remarks, Michelle Deutchman, the center’s executive director, acknowledged as much: “Today we gather at a critical moment for higher education across the nation,” she said. “The role of colleges and universities in our democracy is being questioned. Trust in institutions is shifting. The impact of a historic national election and a year of campus protests continues to unfold.”

    The conference, which featured four panels and 15 speakers with expertise in free speech and higher education, covered not only campus speech but also the broader questions of trust in universities and the knowledge they produce. Here are five key takeaways from the event.

    1. College administrators can’t prevent the chilling effect President Trump’s actions are having on campuses.

    In one session, Deutchman asked Howard Gillman, chancellor at the University of California, Irvine, for 12 years, and Erwin Chemerinsky, dean of the UC Berkeley School of Law, how students can exercise their right to free speech despite the Trump administration’s crackdown on institutions and students alike for purported antisemitic speech.

    Gillman and Chemerinsky found a consensus—one that contradicts the widely held belief that universities should always be forums for political discussion: As long as Trump appears to be punishing individuals for constitutionally protected speech, now may not be the time to encourage students to speak out.

    “When you have an administration that has not yet been constrained by the courts sufficiently, it does create an environment where people might know they have, in theory, legal protections for the activities they engage in, but just because your activity may be protected doesn’t meant that you are not going to be put in a very complicated situation if the government does move forward,” Gillman said. “I don’t want to overstate the amount of reassurance that you can give. A chilling environment is a chilling environment.”

    Chemerinsky said it wasn’t tenable to assure students that he could protect them from the federal government. One student had asked him if the law school could prevent Immigration and Customs Enforcement officers from coming onto campus and detaining students, and Chemerinsky said he had to tell the student that wouldn’t be possible. (In February, Trump rolled back protections that stopped immigration enforcement actions from taking place in certain locations, including on college campuses.)

    “There’s a limit to what we can do to protect students. I don’t want to ever have students have the illusion that we can do more than we can,” he said.

    1. Rebuilding trust in higher ed requires a fundamental shift in culture.

    When discussing the lack of trust in higher education, Steven Mintz, a history professor at the University of Texas at Austin and a columnist for Inside Higher Ed, said the distrust exists not just between the government and colleges, or administrators and faculty, but at all levels of higher education. Students erode trust with faculty when they don’t put effort into their courses, he said. Faculty who care more about their own research and success than their students and institutions likewise fail to build trust with their students and peers. And administrators earn the faculty’s distrust by leaving them out of key decision-making processes.

    It’s all a result of Americans’ shifting view of higher education from a public good to a private one, he argued, with students as the consumers and administrators as the CEOs.

    “It is absolutely imperative that we rebuild trust within our campuses,” he said. “It’s not a matter of policy tweaks; it’s a matter of a fundamental cultural shift.”

    He noted that in his own classes at UT Austin, he has made an effort to help students undertake real-world projects, like building an educational webpage for a local museum. Such efforts position the student not as a consumer, but as a “partner and collaborator and creator of knowledge,” he said. And it shows communities that college instills in its students important skills—and isn’t always just an amorphous ivory tower.

    1. Fast turnover of college leaders is contributing to the lack of public trust.

    In the same panel about trust, multiple speakers touched on the fact that administrative turnover can be a major impediment to trust-building on campus.

    University presidents last, on average, just over five years on the job, which means that most students see at least one presidential turnover in their college career. Each new president must rebuild trust not only with the constituents on their own campus, but also with alumni, government officials, the local community and beyond.

    Short tenures also make it difficult for students and employees to buy in to key university initiatives, considering it’s not uncommon for a new president to scrap the previous administration’s projects in favor of new priorities.

    “Trust is about relationships … and you don’t build trust overnight. You build trust through listening. You build trust through showing up. You build trust through showing proof points. That’s how it happens. So, you can’t build trust when you’re a president that’s been there three months,” said Bobbie Laur, president of Campus Compact, a nonprofit focused on civic and community engagement in higher education. “Some of what we’re facing is the reality of the short tenure of leaders without the necessary support structures to support leaders right now.”

    Saanvi Arora, a UC Berkeley student and the executive director of the Youth Power Project, a nonprofit that encourages young people to participate in public policy, agreed, noting that she has met numerous college students who have no idea what their institution’s president looks like.

    “That’s a huge problem, if you’re not meeting with students directly, showing up to spaces where it really matters for students to see you there,” she said. “It really makes a difference and moves the needle.”

    1. Universities need to do more to stanch the spread of misinformation.

    Misinformation is pervasive in the current vitriolic political environment, according to a panel of experts, but so is anger and skepticism toward the very researchers who aim to better understand the phenomenon.

    Simone Chambers, chair of political science at UC Irvine, pointed out that research shows misinformation is more likely to circulate in right-wing communities. But that research is then called partisan, sometimes even by politicians themselves; mis- and disinformation experts who studied incorrect information ahead of the 2020 election earned intense ire from congressional Republicans, who accused them of censoring free speech and subpoenaed data about what was being marked as inaccurate information.

    That’s compounded by the perennial problem of most, if not all, academic research: Few people see it. Michael Wagner, who leads the Center for Communication and Civic Renewal at the University of Wisconsin at Madison, said that universities could make a greater effort to get the work of misinformation researchers into the public’s hands.

    Universities must do “a more aggressive job of promoting the work, even when it highlights partisan asymmetries, even when it highlights other kinds of things that might leave universities open to attack from those who don’t like the fact that universities exist,” said Wagner, who noted that his center has been subpoenaed by Congress. “[That] is something they need to do a better job of, to help the researchers who are trying to do this stuff get their work out there to folks so that they can engage with it and decide how they want to incorporate that information into how they live their lives.”

    1. More college leaders should stand up for higher education.

    Colleges have been capitulating to the Trump administration in everything from rolling back diversity, equity and inclusion programs to, in Columbia’s case, at least, agreeing to a list of the administration’s demands in the hopes of having its federal funding unfrozen.

    But a small number of college presidents—including Wesleyan University’s Michael Roth and Princeton University’s Christopher Eisgruber, who were both cited by panelists at the conference—have spoken forcefully against the Trump administration’s attacks on political speech, DEI and free scientific inquiry. In an op-ed in Slate about the arrest of Mahmoud Khalil, a Columbia University alumnus and pro-Palestinian activist who was detained a month ago by immigration officials, Roth wrote, “University presidents must speak out against this attempt to control the political culture of our campuses from the White House. Just as we should decry antisemitism and other forms of discrimination, we should insist that students and faculty have the right to make their voices heard about the issues of the day. Neutrality here is a betrayal of our academic mission.”

    Kristen Shahverdian, program director of campus free speech at PEN America, a free expression nonprofit, said she is glad she doesn’t have to be a part of any internal conversations about how a university under fire by the Trump administration will react. Still, she said, she wishes more higher education leaders would emulate Roth and Eisgruber and that the higher education sector as a whole could come together as a united front.

    “There’s probably multiple reasons why they’re able to speak out and others maybe can’t,” she said. “[But] we really need to push back, to hold on to the values of higher education, which include freedom of expression and academic freedom.”

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  • CoSN2025 Takeaways: Meet the Winners

    CoSN2025 Takeaways: Meet the Winners

    Honors for edtech leaders across the country are always a highlight of one of edtech’s most influential events of the year. The innovations shared and insights delivered are what drive the best strategies for districts in the months and years to come. Below are some details:

    The CoSN Volunteer of the Year Award recognizes the achievements of one CoSN member who has provided exemplary support to the organization over the past year. Mike Daugherty of Chagrin Falls Exempted Village School District (OH) is this year’s winner. Mike has been a tireless volunteer and an invaluable leader in Ohio’s educational technology community. During the pandemic, he served as Chair of the Ohio CoSN chapter and extended his term an extra year to support the group during a critical time. One of his most impactful contributions has been the creation and leadership of a highly successful CETL study group. What began under his leadership during his time as Chair has grown into an annual fall cohort that meets weekly through the end of the year, guiding participants through the CETL framework. Thanks to Mike’s dedication, Ohio now has around 20 new CETLs each year — more than any other state.

    More News from eSchool News

    Teachers are superheroes. Every day, they rise to the challenge, pouring their hearts into shaping the future. They stay late to grade papers and show up early to tutor struggling students.

    We are again in uncertain times. We again find ourselves dealing with sudden changes and uncertainty. We seem to be in a state of constant change and ambiguity.

    In today’s evolving educational landscape, effective student assessment goes beyond multiple-choice tests and letter grades. According to a recent study, over 60 percent of educators believe traditional assessments fail to fully measure student understanding.

    Holden, my 21-month-old, has fallen in love.  His early morning snack and “couch time” includes a dose of “Tiger!”  This is toddler for, “Mom, turn on Daniel Tiger’s Neighborhood.”

    The COVID-19 pandemic left an indelible mark on K-12 education, placing immense pressure on teachers as they adapted, literally overnight, to new methods of instruction.

    Spring brings not only showers and flowers, but it also brings the opportunity to interview for new education positions. Preparing for an interview involves several key steps that can significantly impact the outcome.

    STEM careers are on the rise. According to the U.S. Bureau of Labor Statistics, employment in STEM occupations is expected to grow by 10.4 percent from 2023 to 2033, compared to just 3.6 percent for non-STEM occupations.

    The U.S. Department of Education is giving state education agencies 10 days to certify that their schools do not engage in any practices that the administration believes illegally promote diversity, equity, and inclusion.

    COVID had already killed thousands of people in other countries and was spreading in the United States when a top federal health official said schools should prepare to offer “internet-based teleschooling” in case they had to close for a period of time.

    More than half of educators (62 percent) are already making use of AI at school, with more than one-quarter using it daily for work purposes, according to a Twinkl survey of more than 3,500 U.S. teachers.

    Want to share a great resource? Let us know at [email protected].

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  • Key takeaways from OCR’s Title VI FAQ clarification

    Key takeaways from OCR’s Title VI FAQ clarification

    Over the last two weeks, FIRE wrote twice about the Department of Education’s Office for Civil Rights’ recent “Dear Colleague” letter, asking for more clarity about how OCR plans to enforce Title VI. This weekend, OCR began to provide much-needed clarity through a “Frequently Asked Questions” document, and promised to update the FAQ as needed. 

    While the FAQ document answers key questions, including addressing some points FIRE raised, one more item still needs to be addressed: OCR should expressly incorporate the Supreme Court’s hostile environment harassment standard articulated in Davis v. Monroe County Board of Education when evaluating whether institutional programming creates a hostile environment.  

    Key clarifications from the FAQ:

    • OCR echoed Attorney General Pam Bondi’s Feb. 5 memo, confirming that institutional cultural celebrations or historical observations such as Black History Month and International Holocaust Remembrance Day do not violate Title VI. 
      • FIRE analysis: We advised colleges not to “overcomply” and prematurely cancel university cultural celebrations. Those that have cancelled events, including Grand View University in Iowa, should restore them. 
    • The FAQ distinguishes between K-12 classrooms and higher education classrooms, acknowledging that college discussions and coursework on race-related issues are less likely than K-12 programs to create a racially hostile environment. 
      • FIRE analysis: This is a win for academic freedom and free expression in higher education. OCR correctly notes the difference between the environs of K-12 and college classrooms — the latter being precisely where difficult discussions should take place. President Trump’s Jan. 21 executive order on DEI also explicitly protected higher education classroom instruction, an exception FIRE has long sought when government actors have attempted to reform campus DEI bureaucracies.

    Other parts of the FAQ leave room for additional clarification, particularly regarding the standard for determining when race-related speech can violate Title VI. 

    While FIRE does not take a position on affirmative action or other race-conscious practices at institutions, OCR’s interpretation of Title VI and the Students for Fair Admissions cases prohibits institutions from maintaining policies or practices that treat students differently based on their race. As the Feb. 14 “Dear Colleague” letter states: 

    If an educational institution treats a person of one race differently than it treats another person because of that person’s race, the educational institution violates the law. Federal law thus prohibits covered entities from using race in decisions pertaining to admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life. Put simply, educational institutions may neither separate or segregate students based on race, nor distribute benefits or burdens based on race.

    It’s one thing for OCR to address institutional conduct in its policies or programs — prohibiting the distribution of benefits or the imposition of burdens based on race — but quite another to regulate institutional speech in programs. The FAQ would benefit from additional clarity on how the Supreme Court’s Davis decision applies to institutional speech, including mandatory trainings and institutionally sponsored events or programming. 

    OCR should explicitly confirm that when evaluating whether an institution has created a hostile environment, it will only consider conduct that is “so severe, pervasive, and objectively offensive that it effectively bars the victim’s access to an educational opportunity or benefit” as rising to that level. Expressly mentioning the hostile environment harassment standard as articulated in Davis in future FAQ updates would help institutions better understand the difference between unlawful conduct and protected expression. OCR’s clarifications thus far are useful, but it must make this distinction clear going forward. 

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  • 3 takeaways from Linda McMahon’s confirmation hearing

    3 takeaways from Linda McMahon’s confirmation hearing

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    WASHINGTON — U.S. education secretary nominee Linda McMahon told a Senate panel Thursday that, if confirmed, she would not defund public schools but would seek to reform the U.S. Department of Education by reducing federal bureaucracy and bringing schools back to the basics of reading and math. 

    “We are failing our students, our Department of Education, and what we are doing today is not working, and we need to change it,” McMahon said.

    However, when asked about some specific changes she would make to Education Department programming, McMahon said, if confirmed, she would evaluate department functions before making recommendations. She said she would “reorient the department toward helping educators, not controlling them.”

    The 2 ½-hour confirmation hearing, held by the Committee on Health, Education, Labor and Pensions, was briefly interrupted five times by people protesting McMahon’s nomination. The Republican-controlled Senate is expected to approve McMahon’s nomination in the coming days.

    McMahon’s confirmation hearing comes amid drastic changes at the Education Department. President Donald Trump has already issued various executive orders that severely limit federal funding, prohibit activities related to diversity, equity and inclusion, and call for an end to “indoctrination” in K-12 schools, which he said includes “gender ideology and discriminatory equity ideology.” 

    Trump is also expected to issue an executive order that would significantly reduce the Education Department’s authority and responsibility in the federal government. 

    In fiscal year 2024, the Education Department received $79.1 billion from Congress. Lawmakers have yet to approve FY 2025 funding. 

    Among the Education Department’s responsibilities is managing $1.6 trillion in higher education student loans.

     

    A person is standing near another person in a uniform. The room is full with other people sitting. Another person is standing and holding a cell phone

    A protester disrupts Linda McMahon, President Donald Trump’s nominee to be U.S. education secretary, as she testifies during her Senate Health, Education, Labor and Pensions Committee confirmation hearing on Capitol Hill on Feb. 13, 2025, in Washington, D.C.

    Kayla Bartkowski via Getty Images

     

    Trump nominated McMahon just weeks after winning the November election. McMahon served as administrator of the Small Business Administration for two years in Trump’s first administration. She is also a former president and CEO of World Wrestling Entertainment.

    McMahon is also board chair at America First Policy Institute, a nonprofit think tank that supports free enterprise and nationalism. At the state level, McMahon served on the Connecticut State Board of Education. She also served as a trustee at Sacred Heart University, a private Catholic school in Fairfield, Connecticut. She is currently the treasurer on the university’s Board of Trustees, according to the school’s website.

    In 2012, she won the Connecticut Republican primary for U.S. Senate but lost to current Democratic Sen. Chris Murphy, who is a member of the HELP committee.

    If the Senate approves McMahon’s nomination, she would succeed Miguel Cardona as the 13th U.S. education secretary since the department’s founding in 1979.

    Here are three takeaway exchanges from the confirmation hearing.

    Antisemitism on college campuses

    Several Republican senators asked McMahon about antisemitism on college campuses.

    “​​Will you make sure that Jewish Americans are safe on our campuses, for heaven’s sake?” asked Sen. Josh Hawley, R-Mo., referring to “a wave of antisemitism” particularly since the Oct. 7, 2023, Hamas attack on Israel. “Will you make sure that this stops on our college campuses that are getting all of this federal tax money?”

    McMahon said she would “absolutely,” or schools would “face defunding of their monies.”

    Several senators asked McMahon about the Education Department’s responsibility for the federal student loan program. Sen. Tim Kaine, D-Va., questioned McMahon’s commitment to existing public service loan forgiveness programs passed by Congress.

    “Those that have been passed by Congress? Yes, that’s the law,” McMahon said.

    Committee Chair Bill Cassidy, R-La., said McMahon’s experience overseeing the Small Business Administration “would be a great asset as the department looks to reform a very broken student loan program.”

    During the hearing, McMahon also voiced support for more skill-based learning and dual enrollment in K-12. “I think we have to look at education and say our vocational and skill-based training is not a default education,” McMahon said. 

    Closing the Education Department

    Several Democratic lawmakers probed McMahon about Trump’s push to eliminate the Education Department. On Wednesday, Trump referred to the department as a “big con job” and said he wanted the agency closed immediately. 

    “The president has given a very clear directive that he would like to look in totality at the Department of Education, and believes that the bureaucracy of it should be closed, that we should return education to our states, that the best education is that closest to the kids,” McMahon said.

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