It is a tossup on any given day in the nation’s capital whether health care or education can result in the most congressional perturbations. Education definitely can holds its own when it comes to demonstrating a proclivity for generating partisan-oriented activity. February 2020 was marked by groups representing the nation's colleges and universities in the act of rebuking a Trump administration proposal aimed at punishing institutions for violating students' free speech rights. Proposed regulations would allow the U.S. Department of Education to cut off some federal grants to public colleges that don't comply with the First Amendment or private universities that don't follow their own campus speech policies. Under the proposal, department officials would rely on the “final judgement” of a court in determining whether a school violated the First Amendment and should lose access to funding.
The American Council on Education (ACE), along with several other national education organizations, responded by indicating that the proposed rule would encourage excessive and frivolous litigation in ways that undermine the Department’s and academia’s shared goal to maintain broad protections for campus speech. Another concern is that courts will reach different conclusions as to whether an institution violated the First Amendment or its stated policies, even when looking at the same or similar set of facts. Also, unique considerations in the freedom of speech context call for greater clarity in defining when the Department may terminate federal grant funding.
If the Department proceeds with its proposed rule, the education groups offer the following recommendations to minimize some of the more problematic aspects: (1) Modify the trigger for when an institution is deemed to be out of compliance with the First Amendment or its stated policies, (2) Provide clearer criteria under which the Department will attempt to terminate or suspend a federal grant, (3) Strike from the text of the regulation references to “academic freedom” as well as the clause that attempts to enumerate specific rights under the First Amendment, (4) Extend the window for submitting notice of a final judgment to the Department, and (5) Remove language from the preamble that would require private institutions to certify to the Secretary compliance with institutional policies on free inquiry as a material condition of an award.
A Bipartisan Proposal For Reauthorization Of The Higher Education Act (HEA)
A task force convened by the Bipartisan Policy Center over an 18-month period examined a variety of issues and conducted modeling, where relevant data were available, to inform decision-making. Recommendations in a report issued in January 2020 are aimed at advancing multiple objectives: promoting college affordability and reducing equity gaps; strengthening institutional accountability while also ensuring that low-capacity institutions have the resources needed to succeed; simplifying the federal student loan program and reducing unsustainable borrowing; and providing better information and data to policymakers, researchers, and, most importantly, students and families. Specific challenges that must be addressed to ensure the U.S. higher education system meets the needs of students and the economy are: Access and Affordability; Outcomes and Accountability; and Data and Information.
Access and Affordability: Twenty-three recommendations were identified to address the need for improvement and reform in areas, such as (1) Renewing the federal-state partnership in higher education, (2) Strengthening the federal Pell Grant program, and (3) Reforming the federal student loan program.
Outcomes and Accountability: Ten recommendations were identified to promote quality assurance, increase schools’ capacity to support students and deliver better student outcomes, and give postsecondary institutions stronger incentives for improvement.
Data and Information: Twelve recommendations were identified to address a lack of high-quality data on student outcomes and institutional behavior; prepare students to understand and make informed decisions regarding federal financial aid; and aid in comparing financial implications of one institution over another.
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