As indicated in the July 24, 2024 issue of the Federal Register (the official journal of the federal government), the Secretary of the U.S. Department of Education proposes to amend the Student Assistance General Provisions regulations governing participation in the student financial assistance programs authorized under Title IV of the Higher Education Act of 1965, as amended (HEA), to promote program integrity and institutional quality. These regulations would clarify, update, and consolidate certain provisions that apply to distance education; the return of Title IV, HEA funds; and the Federal TRIO programs. Comments on the proposed regulations must be submitted via the Federal eRulemaking Portal at regulations.gov on or before August 23, 2024.
The Department is addressing these areas in an effort to: help ensure students are well served by the institutions of higher education they attend, increase access to postsecondary education for disadvantaged students, and ensure that Federal Student Aid programs work in the best interests of students. As the three distinct topics are structured and addressed independently in this proposed rule, the Department generally intends the rule’s provisions to be severable from each other.
Title IX Regulations
A publication known as Inside Higher Ed is a valuable source of information regarding federal activities in the higher education sphere involving topics, such as Title IX regulations, which strengthen protections for LGBTQ+ students and change how colleges respond to reports of sexual harassment. Those regulations were supposed to become effective on August 1 of this year, but judicial roadblocks are preventing that from occurring. Thus far, federal judges have issued six injunctions temporarily blocking the Education Department from enforcing the new rule in 26 states and hundreds of colleges in other states in response to lawsuits challenging the protections for LGBTQ+, and especially transgender students. On June 14, the first injunction was handed down and the most recent one was issued on July 31. A consequence is that many college officials are fearful, frustrated, and uncertain about what comes next.
As described in an analysis by Inside Higher Ed, Title IX legal experts expect colleges in the 24 states not currently under an injunction to implement the 2024 regulations. Institutions located in the states under an injunction likely will adhere to the rules put in place by the Trump administration in 2020, particularly if their state leaders, e.g., the governors of Florida and Texas, have directed their public higher education institutions not to comply. Some colleges operating under an injunction will fall into a third group, opting for a mix of the 2024 and 2020 rules. Institutions that do not comply could face a civil rights investigation or lose their federal funding, although both threats are not in effect while there are injunctions. Nonetheless, they could face lawsuits from students who view their Title IX rights as being violated, or from groups taking issue with how the new regulations are being implemented.
Additional Student Loan Relief Implemented
The Biden-Harris Administration announced on July 18, 2024 the approval of roughly $1.2 billion in additional student loan relief for 35,000 borrowers across the nation who work in public service. These approvals are the result of significant fixes that the Administration has made to the Public Service Loan Forgiveness (PSLF) Program. This relief builds on President Biden and his Administration’s efforts to provide relief to as many borrowers as possible in the U.S. The announcement brings the total loan forgiveness approved by the Administration to $168.5 billion for 4.76 million Americans, which includes $69.2 billion for 946,000 borrowers through PSLF. Before President Biden took office, only 7,000 public servants had received debt relief through PSLF. The newly announced debt relief includes borrowers who have benefitted from a limited PSLF waiver, a temporary opportunity that ended in October 2022, as well as from regulatory improvements made to the program. Accompanying improvements to PSLF, the Administration also has made it easier for borrowers to participate in the program.