DEVELOPMENTS IN HIGHER EDUCATION

In his allegorical novel Animal Farm, George Orwell stated that “All animals are equal, but some animals are more equal than others.” The domain of higher education illustrates this maxim all too well. Although some institutions are blessed with thousands of eager applicants each academic year, that luxury does not function across the board of higher education. Based on public polling data, a decline in the number of high school graduates in recent years is an example of a change that has been accompanied by a sentiment, which indicates that some students and their families are less enamored of the value of a college degree than they were only a few years ago. A consequence is that a drop off in the number of applicants at some institutions may result in the necessity of either reducing the number of faculty and staff; eliminating programs in the humanities deemed unlikely to lead to jobs after graduation that are commensurate with the financial costs of obtaining a degree, cutting the scope of campus services offered, or closing the doors completely.

A report issued by the National Student Clearinghouse Center on March 29, 2023 indicates that community college enrollment is starting to grow in spring 2023 (+2.1%), fueled by strong growth among dual enrollees (age 17 and under) and freshmen. Community college growth is occurring across all campus settings while undergraduate enrollment is increasing only at suburban campuses for four-year institutions. Overall undergraduate enrollment was steady this spring (+0.2%), with only the public four-year sector experiencing undergraduate enrollment declines. Total enrollment (graduate and undergraduate enrollment combined) has remained unchanged compared to spring 2022. Enrollment growth continues to be the strongest in certificate programs at both the undergraduate (+5.5%) and graduate (+4.6%) levels. Associate and bachelor’s degree seeking students had more muted enrollment changes (+0.3% and -0.6%, respectively). Undergraduate men, hit particularly hard at the beginning of the pandemic, are now seeing enrollment growth (+0.7%), while the enrollment slide continues for women (-0.9%). Latinx students were the only major racial and ethnic group to show enrollment increases (+0.9%).

Public Hearings On Future Rulemaking Sessions

The U.S. Department of Education (USDE) on March 23, 2023 announced that it will hold virtual  public hearings on April 11, 12, and 13, 2023, to obtain views on future rulemaking sessions. These hearings begin the process of considering new USDE regulations. Following the hearings, an agenda for the rulemaking process will be finalized and nominations for negotiators to serve on the negotiated rulemaking committee will be solicited. The Department is planning three, four-day sessions of negotiated rulemaking to begin this fall. Potential topics for rulemaking are: institutional eligibility, including State authorization; the definition of distance education as it pertains to clock hour programs; and reporting students who enroll primarily online. Individuals who would like to comment at the public hearings must register by sending an email message to negreghearing@ed.gov. Individuals who wish to view the hearings without providing comment must register to observe. The public can provide written comment for 30 days following the official posting.  

Student Loan Forgiveness

Led by Senator Bill Cassidy (R-LA), ranking member for the Health, Education, Labor and Pensions Committee, he and several Republicans in that chamber on March 27, 2023 introduced a Congressional Review Act (CRA) resolution to overturn President Biden’s student loan forgiveness plan, which is under review by the U.S. Supreme Court where a decision is expected to be made in coming months. The plan is aimed at forgiving up to $20,000 for borrowers with federal loans. The Congressional Budget Office estimated that the proposal would cost about $400 billion over the next 30 years. The CRA enables      Congress to review and overturn any regulations created by a federal agency. The Government Accountability Office (GAO) has determined that the plan by President Biden is subject to the resolution. In order for the CRA to go into effect, it will require approval by both the House and the Senate, and then be signed by the President. It is likely that he would veto the initiative if it reaches that stage.