Major Updates

Supreme Court Strikes Down Race-Based Admissions for Colleges and Universities

On Thursday, June 29th, the Supreme Court rejected the constitutionality of race-based admissions within two cases involving Harvard University and the University of North Carolina. Stating that the affirmative action admissions practices are unlawful, the Court has decided that these sorts of targeted admissions using race as a factor can no longer be utilized by the nation’s colleges and universities as they have been allowed to for decades. This will undoubtedly upend a large number of admissions processes for institutions, at a time when other anti-DEI legislation is moving through states. President Biden reacted to the Court’s ruling by proposing a new standard to provide institutions with other measures of the obstacles a potential student may have been through. He also has directed the Department of Education to review existing admissions practices, including legacy admissions.

While immediately impacting the efforts to increase students who are racial minorities on campuses, this ruling will likely also influence items beyond those of institutional admissions, into other areas including employment and non-academic settings. We encourage our institutions to review with their general counsel any race-based admissions practices in light of this, and to take action to comport with the new precedent. Read more. 

 

Supreme Court Denies Biden Student Loan Debt Forgiveness Program

The Supreme Court has stopped the implementation of the $400 billion student debt cancellation program by the Biden administration. The plan originally would have canceled $10,000 for those who met certain income thresholds, and an additional $10,000 for Pell Grant recipients. Following months of anticipation, the Supreme Court ruled that the Biden administration had gone beyond its legal authority to try to provide debt relief for millions of Americans who were eligible for forgiveness under the administration’s program. The case was brought against the executive branch by six states. This court action comes shortly before payments are set to resume for all federal student loan borrowers in late August following a pause due to the COVID-19 pandemic. Read more. 

 

Gainful Employment Proves Contentious, Again (Inside Higher Ed)

“Higher education groups representing a range of colleges and universities told the Education Department this week that the agency has a lot of work to do over the next four months to fix its proposed gainful-employment rule. They want some areas of the more than 1,000-page regulation clarified and others thrown out completely. Meanwhile, think tank analysts and consumer protection advocates applauded the department’s proposed rule, which they said would strengthen the higher education system. The Education Department received more than 7,400 comments on a sweeping set of regulations that would once again define what it means to prepare graduates for gainful employment, require institutions to meet new conditions to access federal financial aid and make it easy for the agency to take action against institutions.” Read more.

• Read ACE and UPCEA’s public comment alongside nearly 50 organizations on the proposed regulations.

• Read UPCEA’s public comment on the proposed regulations.
  

 

Other News

• DeSantis sues Biden administration over university accrediting system  (Associated Press)
  “TAMPA, Fla. (AP) — Florida Gov. Ron DeSantis announced Thursday that the state has filed a lawsuit against the Biden administration and the U.S. Department of Education over accreditation agencies, which control federal aid for students. The lawsuit, filed Wednesday in Fort Lauderdale federal court, challenges a federal law that requires colleges and universities to submit to private accreditors to qualify for federal funding. It targets the U.S. Department of Education, Secretary Miguel Cardona and other federal officials.” Read more.

 

• Foxx, Cassidy Question Education Department’s Plans to Restart Loan Payments (Inside Higher Ed)