Tag: TRIO

  • Mixed reactions after Biden nixed TRIO for undocumented students

    Mixed reactions after Biden nixed TRIO for undocumented students

    Advocates for undocumented students have their hands full as they prepare for President-elect Donald Trump to take office later this month.

    They’re fielding questions from nervous students fearful of Trump’s promises of mass deportations and advising college staff members seeking to support these students within legal bounds. But then, the Biden administration dropped a fresh disappointment on top of their heaping pile of concerns when it pulled back on a proposal to make undocumented students eligible for some TRIO programs.

    The decision—tucked into a set of finalized rules released at the end of the year—was met with mixed emotions from advocates who have long pushed to give undocumented students access to the federal college prep programs designed to help disadvantaged students enroll and persist in college. Some mourned the chance to secure a win for undocumented students before Trump took office. Others saw the decision as a painful but pragmatic response to the incoming administration, which may have barred undocumented students from these programs anyway or penalized TRIO programs for serving them. Proponents of the dead proposal expect it’ll be years before the opportunity to open up these programs presents itself again.

    Magin Sanchez, higher education policy analyst at UnidosUS, a Latino civil rights organization, said undocumented students would have a lot to gain from TRIO programs, given that they already face major hurdles to enrolling in college, like a lack of access to federal financial aid. He believes the extra academic support and college counseling these programs offer could put these students on a more level playing field with their peers.

    “Higher education is one of the surest pathways to economic mobility and prosperity,” Sanchez said. “There are significant barriers for this population, students that just want to have access to a better life, like any college student.”

    A former board member at the Council for Opportunity in Education told Inside Higher Ed that they didn’t know how to feel about the Biden administration’s decision. The organization, which supports low-income and first-generation students and students with disabilities, was among those that pushed for the change.

    “With the new administration coming in, we want to do everything to protect our students, so in that sense, I kind of understood why,” said the former board member, who asked to remain anonymous in order to avoid speaking for their current employer. “My other reaction was, man, we’re doing this again? We’re bringing up students’ hopes again? We bring up their hopes only to shoot them down again and again.”

    What Happened

    The Education Department initially proposed that noncitizen students be eligible for three TRIO programs—Upward Bound, Talent Search and Educational Opportunity Centers—if students enrolled in or planned to enroll in high schools in the United States, its territories or Freely Associated States and met other eligibility criteria. Those programs were selected because they serve students in public K-12 schools, which are open to all students, regardless of immigration status.

    But in finalized rules released Dec. 30, the department decided against it.

    Department officials wrote that, after reviewing public comment, they believed the proposal was “too narrow,” because it didn’t include the Student Support Services program, which offers academic support to college students, or the McNair Scholars program, which prepares students for graduate education. Officials also concluded that opening only some programs to undocumented students would “cause confusion” and “increase administrative burden.”

    Department officials also argued that the Higher Education Act, the federal law that governs how federal higher ed programs are administered, doesn’t explicitly bar noncitizens from participating in TRIO programs.

    So, the department scrapped the proposal altogether “to reconsider how best to ensure that the TRIO programs are able to reach all populations of disadvantaged students, irrespective of immigration status,” officials wrote.

    Pushback, Parsing and Planning

    Some advocates don’t buy the department’s explanations.

    The former COE board member said TRIO directors already have to parse regulatory differences between different programs, so the idea that opening up only some programs to undocumented students would prove too confusing “didn’t fly too well with me.”

    “I get it, it’s a political explanation, but at the same time, it doesn’t help the community with that messaging,” they said.

    Jon Fansmith, senior vice president for government relations and national engagement at the American Council on Education, said as far as he’s concerned, “This really seems like a classic case of elections have consequences. Had we been talking about an incoming Harris administration, I don’t know that the department would have pulled back the regulation.”

    At the same time, the Biden administration seems to have left the door open a crack. The language of the finalized rules implies TRIO directors could interpret the Higher Education Act as not explicitly forbidding undocumented students from participating in TRIO programs.

    “I think you can certainly read that as offering up an interpretation of existing statute that might provide some flexibility—certainly the idea that if it’s not delineated, that doesn’t necessarily preclude it,” Fansmith said. So, the Biden administration may be “indicating where schools could go, but frankly, stopping short of something they know would be quickly reversed by the incoming administration.” Still, that’s “certainly not as clear as formally regulating on it.”

    Now in a gray area, it remains to be seen whether TRIO directors will use that latitude to serve students regardless of citizenship or if they’ll continue to bar undocumented students, given the Trump administration is unlikely to interpret the law in this way. Their choices could prove risky. A year ago, some school and college administrators were already worried that, if undocumented students were granted access to these programs, TRIO programs could face Republican backlash and funding cuts. This summer, six Republicans in Congress, including former chair of the House education committee Virginia Foxx, opposed the proposal in a letter to Education Secretary Miguel Cardona.

    Education department officials wrote in the finalized rules that the department “may reconsider TRIO student eligibility through future rulemaking efforts.” But the proposal’s proponents believe there’s a slim to none chance of that during Trump’s term, given his rhetoric against undocumented immigrants.

    “We’re going to have to wait at least four years again,” Fansmith said.

    Nonetheless, some remain hopeful that undocumented students will benefit from TRIO programs in the future. Sanchez said he still thinks it’s going to happen, even if this “window of opportunity” has passed.

    “We’ll keep fighting,” Sanchez said. “We’ll keep advocating, because we may not have gotten it right now, but we’ll get it eventually.”

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  • Biden administration finalizes distance ed, TRIO rules

    Biden administration finalizes distance ed, TRIO rules

    The Biden administration’s regulations changing how colleges are held accountable and adding new requirements for institutions to access federal financial aid are now in place, though legal challenges loom. 

    Demetrius Freeman/The Washington Post/Getty Images

    Colleges will have to submit to the federal government new data on their distance education programs under a batch of new rules the Biden administration finalized Monday.

    The rules, which will take effect July 1, 2026, will likely be the president’s last package of new regulations for colleges and universities before Trump takes office Jan. 20.

    The new regulations carry out Biden’s plan to increase federal oversight of online programs, but the final version doesn’t go as far as the president initially intended After receiving significant pushback from online education lobbyists, the Education Department conceded, backing off a plan to  disallow asynchronous options for clock-hour courses or require colleges to take attendance in online classes.

    The package does, however, still include rules that require colleges to report more data on enrollment in distance education classes, which include those offered online or via correspondence. Higher ed institutions won’t have to begin submitting the data until July 1, 2027.

    “Online learning can reach more students and sometimes at a lower cost to students, but what we know about the outcomes of online education compared to traditional in-person instruction is woefully inadequate,” Under Secretary James Kvaal said in the release. “The new reporting in this final rule will help the department and the public better assess student outcomes at online programs and help students make informed choices.”

    The final rule also included technical changes to federal college prep programs known as TRIO. But the department decided not to move forward with a plan to open eligibility to some TRIO programs to undocumented students—a long-sought goal of some TRIO directors and advocates, as well as higher education associations. 

    Distance Education

    But one of the most controversial parts of the rule for colleges and universities was whether Biden would decide to end any asynchronous options for students in online clock-hour programs, which are typically short-term workforce training programs that lead to a certificate.

    A Trump-era rule allowed asynchronous learning activities—such as watching a prerecorded video—to count toward the required number of credits in short-term clock-hour programs. But the department said in its proposal that because of the hand-on nature of many clock-hour programs, the change often results in a “substandard education” that “puts students and taxpayers at risk.” 

    Hundreds of professors and higher education groups disagreed. Some, particularly those representing for-profit programs, argued in public comments that the proposal exceeded the department’s authority and would burden institutions. Others said the new rules reflected an antiquated mindset about college modality, arguing that disallowing asynchronous options could limit access for students who benefit from the flexibility that online education provides.

    While the department decided not to end asynchronous distance ed programs, the agency intends to keep a close eye on the courses. 

    “The department refined these final rules based upon extensive public comment on a notice of proposed rulemaking published over the summer,” department officials said in a news release. “However, we remind institutions that asynchronous clock hours cannot be used for homework and that there must be robust verification of regular and substantive interaction with an instructor.”  

    No Expanded TRIO

    Although the decision not to expand eligibility for TRIO has fewer implications for colleges, the move is a blow for the TRIO directors and immigration equity advocates who have been working for years to open up the program.

    Miriam Feldblum, executive director of the Presidents’ Alliance on Higher Education and Immigration, told Inside Higher Ed that nearly 100,000 undocumented students graduate from high school each year, many of whom could benefit from TRIO services. 

    But Republicans opposed the idea. Six GOP members of Congress, including Virginia Foxx, a North Carolinian and former chair of the House education committee, blasted the concept in a letter to Secretary Miguel Cardona in August.

    “The proposed expansion is a blatant attempt to provide additional taxpayer-funded services to those not seeking citizenship in the name of reducing ‘burden.’ The department’s proposed expansion will stretch funding thin and risk those currently eligible for TRIO,” they wrote.

    Some college administrators and TRIO directors in red states are worried about the potential political backlash Biden’s new regulation could cause for their programs.

    “The fighter in me thinks that this is a tough time to go to battle and have an unforced error or a target on our backs and [on] TRIO, given the contentious nature of immigration policy right now,” Geoffrey Garner, a TRIO program director from Oregon, said in at January 2024 advisory committee meeting. “We just think right now is not the best time for this proposal, as much as it breaks my heart to say that out loud.”

    That advisory committee ended up backing the changes to expand some TRIO programs to undocumented students.

    Education Department officials said its decision wasn’t due to political tensions. Rather, they said the proposal “was too narrow … in scope of additional populations to be served.”

    Under the department’s proposed rule, high school students who aren’t citizens or permanent residents could qualify for Upward Bound, Talent Search and Educational Opportunity Centers but not Student Support Services or the McNair Scholars Program.

    “An expansion of student eligibility under only certain TRIO programs would create confusion, as many grantees administer grants under more than one TRIO program,” officials wrote in the final rule. “Eligibility for only certain TRIO programs would increase administrative burden by requiring grantees to deny similarly situated noncitizens from participating under certain TRIO programs, but not others.”

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