Major Updates

Federal Grant Opportunities: Funding for Workforce Pell Programs and AI (Applications Due December 3)
The Department of Education has launched a rapid grant competition under the Fund for the Improvement of Postsecondary Education (FIPSE–Special Projects), with applications due December 3, 2025. The program is designed in part to help institutions build or scale short-term credential programs that align with the new Workforce Pell Grants.

Two of the “absolute priorities” in this competition focus on creation of new short-term offerings as well as the expansion of existing programs. Eligible activities span the practical work of standing programs up or scaling them: hiring faculty and staff, purchasing equipment and technology, improving labs and classrooms, convening employers and workforce boards, and building the data and reporting capacity needed to demonstrate Workforce Pell eligibility and outcomes. Across both priorities, ED emphasizes close collaboration with employers, integration of work-based learning, and alignment with real labor-market demand.

At the same time, there are grant opportunity priorities around advancing AI understanding and use in postsecondary education. The funding opportunities don’t come without criticism, as the Department has repurposed dollars that Congress had originally earmarked for student success and basic-needs initiatives. That funding shift has prompted critiques from some advocates and lawmakers, who argue the move stretches congressional intent and raises questions about executive flexibility in reallocating higher ed funds. Still, for institutions able to move quickly, especially those with existing online, certificate, and nondegree infrastructure or interest in promoting AI understanding or use in teaching and learning, this competition may offer an opportunity for funding. Read more about the grant opportunities and how to apply. 

If your institution is considering applying, UPCEA Research & Consulting could be a partner and provide support for the work. We are interested in opportunities to work with you. Contact [email protected].

 

Consensus Reached in RISE Negotiated Rulemaking: New Graduate Loan Caps; Narrow Definition of “Professional” Programs
The Department of Education’s negotiated rulemaking committee has reached consensus on how to implement the new federal loan caps for graduate and professional students created by Congress’s One Big Beautiful Bill Act, which take effect in July 2026. Under the law, students in most graduate programs will be limited to $100,000 in federal loans, while students in designated “professional” programs can borrow up to $200,000. The negotiations centered on which programs qualify for that higher cap.

The department and negotiators ultimately agreed on a relatively narrow list of professional fields that include medicine (M.D. and D.O.), dentistry, pharmacy, veterinary medicine, optometry, podiatry, chiropractic programs, law, certain theology degrees (such as M.Div.), and clinical psychology doctorates, along with a few related doctoral tracks. Programs outside this group, including the vast majority of master’s, Ph.D., Ed.D., and professional graduate programs, many of which are offered online, will fall under the lower $100,000 cap. Department officials have touted the policy as a step toward restraining graduate borrowing and tuition growth, while many in the higher ed community worry it could push students into private loans or out of high-cost advanced degrees altogether, especially in health and human services fields.

The way consensus was reached is also notable. ED presented a package of regulatory changes and signaled that several concessions important to different stakeholder groups might be withdrawn if negotiators failed to support the overall deal. That approach left committee members weighing tradeoffs among provisions that helped some constituencies while disadvantaging others, with many reluctant to reject the package and risk a more restrictive rule if the Department proceeded without consensus. For institutions, especially those offering high-tuition online or professional graduate programs, the new caps will likely require revisiting pricing, financial aid strategies, and program design as the rules move toward publication in the Federal Register and eventual implementation. Read more.

 

Trump Administration Accelerates Effort to Dismantle the Department of Education
On November 18, the Trump Administration announced a new set of interagency agreements that would shift large portions of the U.S. Department of Education’s work, and billions of dollars in grant funding, to other federal departments. Building on an earlier transfer of career and technical education and adult education programs to the Department of Labor’s Employment and Training Administration, the latest moves relocate the Office of Elementary and Secondary Education and the Office of Postsecondary Education to Labor, the Office of Indian Education to the Department of the Interior, child-care and foreign medical education functions to Health and Human Services, and international and foreign language education programs to the State Department.

Administration officials, such as in a recent op-ed from Secretary of Education Linda McMahon, frame the restructuring as a way to “return education to the states,” reduce federal bureaucracy, and better align specific programs with agencies that have related missions, such as workforce development at Labor. However, critics argue that using these agreements to effectively dismantle much of the department sidesteps statutory requirements that establish these offices in law and may violate obligations such as prior consultation with Native nations. They warn that scattering programs across multiple agencies could increase complexity for institutions, disrupt services to students, and trigger significant legal challenges.

For colleges and universities, especially those with large online and professional portfolios, the immediate practical impact is uncertain. Programs that historically interacted with ED for grants, reporting, and oversight may soon find themselves dealing with different agencies, unfamiliar processes, and potentially divergent policy priorities. Federal student aid remains within the Department of Education for now, but observers note that those responsibilities could also be targeted in future rounds of restructuring. Read more.

Other News

 

 

Major Updates

  • UPCEA Joins National Opposition to Federal Compact
    UPCEA has joined with over thirty higher education associations to make a statement opposing the federal government’s proposed “Compact for Academic Excellence in Higher Education.” The coalition, coordinated by ACE, warns that the compact would impose federal conditions on what and how colleges teach, threatening academic freedom and institutional autonomy. UPCEA’s participation underscores the shared concern across all sectors of higher education, including online and professional education, that innovation and independence must remain central to the mission of U.S. colleges and universities. Read the full statement.

  • Let Your Legislators Know – Contact Congress Now to Oppose Cuts to FWS and to Save FSEOG
    The House has written its education funding bill, proposing the elimination of the Federal Supplemental Educational Opportunity Grant (FSEOG) and a nearly 40% cut to Federal Work-Study (FWS). If enacted, these cuts would be detrimental to low-income students who need additional resources to access postsecondary education and succeed to degree completion. It is critical that Congress hear your opposition to these cuts. Please tell your Representative and Senators to oppose the elimination of FSEOG and funding cuts to FWS. Please contact your Representative and Senators today!
    UPCEA is a proud member of the Student Aid Alliance.

  • Invite Your Students to the 2026 DC Student Summit
    Being held this coming March 23-25, the three-day DC Student Summit in our nation’s capital will equip students with the skills necessary to elevate their stories and lived experiences directly to federal policymakers. Led by the Today’s Students Coalition (of which UPCEA is a steering committee member), students will have the opportunity to: learn how to effectively share their stories with policymakers; hear about the most pressing issues in D.C. related to higher education; engage in conversations with dozens of congressional offices and representatives from both the legislative and executive branches of government. Read more and share with students.

Other News

Major Updates

Trump Administration Gives Harvard 20 Days to Turn Over Admissions Data

The U.S. Department of Education has given Harvard University 20 days to turn over detailed admissions data in connection with an ongoing federal review of selective admissions practices. While focused on one institution, this move signals heightened scrutiny across higher education. Administrators should be mindful of growing calls for transparency and ensure their own admissions data processes are audit-ready. Read more.

 

International Enrollment Declines, Causing Institutions Financial Strain

A sharp drop in international student enrollment, driven in part by new federal visa restrictions, is beginning to hit university budgets. At some institutions, international graduate enrollment fell by half compared to last year, significantly impacting tuition revenue. Institutions dependent on international enrollments should monitor their own exposure and consider diversifying recruitment pipelines, as this trend may continue under current policies. Read more.

 

Proposed IPEDS Revisions: Comments Open Until October 14

The U.S. Department of Education is proposing revisions to the Integrated Postsecondary Education Data System (IPEDS) to add a new Admissions and Consumer Transparency Supplement (ACTS). This initiative, aligned with a recent White House directive, would expand required reporting on admissions and transparency practices. The Department is accepting public comments through October 14, and institutions may want to submit feedback on potential administrative burdens and compliance implications. Read more and submit comments here by October 14.

 

Trump Administration Ends Funding for Minority-Serving Institutions

The U.S. Department of Education announced it will end discretionary funding for certain Minority-Serving Institution (MSI) programs that base eligibility on racial or ethnic criteria. This marks a significant policy shift with potential downstream effects on institutional support and equity initiatives. Leaders at MSIs and partner institutions should review funding portfolios to assess programmatic impacts and plan for alternative resources. Read more.

 

Other News

 

Major Updates


Justice Department Threatens College Funding Over DEI Policies; Administration Requests Detailed Admissions Data

The U.S. Department of Justice has issued guidance warning that colleges and other federally funded institutions could lose federal support if they continue certain diversity, equity and inclusion (DEI) practices. The DOJ’s new memo flags a sweeping range of campus diversity efforts as potential violations of federal law: from race-conscious scholarships or mentorship programs, to diversity statements in hiring, to allowing transgender women to use women’s campus facilities or having identity-based student lounges. It even suggests that ostensibly neutral strategies used to boost diversity (for example, recruiting in specific regions to reach more minority students) might be deemed unlawful if officials believe those criteria were chosen for demographic reasons. This stance represents a dramatic shift in civil-rights enforcement under President Trump, effectively targeting initiatives that were originally created to combat inequality on campus. College leaders are growing anxious that these broad edicts will force them to scale back DEI programs or risk losing critical funds, even as civil rights groups warn the administration’s approach poses an “existential threat” to long-fought anti-discrimination efforts.

In a related development, Education Secretary Linda McMahon directed colleges to hand over detailed admissions data to prove they are complying with the Supreme Court’s ban on affirmative action. This will require institutions to report their applicant, admitted, and enrolled student statistics disaggregated by race and sex, along with academic metrics like test scores and GPAs. Administration officials cast this as a push for fairness in college admissions, pledging to ensure a return to meritocracy in higher education. However, many in higher education are alarmed at how this data could be used. Advocates point out that the directive doesn’t spell out how schools will be judged or punished, leaving significant room for political influence. Critics argue the policy shines a spotlight on programs meant to uplift underrepresented students while ignoring admissions advantages often afforded to privileged groups (like legacy preferences), a dynamic they fear will “tilt the field” against students of color and ultimately threaten campus diversity.

UPCEA member institutions are encouraged to review marketing and enrollment as well as admissions practices in light of these developments. 

 

Trump Administration Report | America’s Talent Strategy: Building the Workforce for the Golden Age

The Trump Administration has unveiled a sweeping workforce development blueprint titled America’s Talent Strategy: Building the Workforce for the Golden Age. Drafted by the Departments of Labor, Commerce, and Education, this plan centers on five pillars: Industry-Driven Strategies, Worker Mobility, Integrated Systems, Accountability, and Flexibility & Innovation. All pillars are aimed at refocusing education and job training to meet industry needs in a rapidly changing economy. It calls for significantly expanding employer-led training initiatives like apprenticeships (with a goal of over one million active apprentices) and introducing career exploration as early as middle school, while channeling federal resources into critical sectors such as advanced manufacturing, energy, semiconductors, and artificial intelligence. The strategy also seeks to draw more Americans into the workforce by removing barriers to employment. For example, easing onerous occupational licensing rules, improving access to childcare and transportation, and even supporting new “Workforce Pell” grants to help students afford short-term credential programs that lead directly to in-demand jobs. Finally, the plan promises to hold workforce programs accountable for results by tying federal funding to measurable outcomes like job placement rates and earnings gains, and it aims to streamline a number of federal training programs by consolidating efforts under the Department of Labor’s leadership. Institutions may welcome the stated goal of workforce investment, but they also may face pressure to rapidly adapt programs and demonstrate outcomes, amidst smaller support via federal financial aid – and underperforming initiatives could see funding cut or redirected under this outcome-driven approach. Read the report.

 

Other News

Major Updates

Congress Passes President Trump’s OBBB—Workforce Pell Included, but Higher Ed Gets $300 Billion Slash

President Trump’s newly signed One Big Beautiful Bill Act (OBBB) overhauls the federal approach to higher education policy. Short-term Pell advocates (of which UPCEA has been a long supporter) have something to be thankful for, as it opens Workforce Pell Grants to short-term training programs of 150-600 clock hours delivered in 8-15 weeks of length. This program opens for the award year starting July 1, 2026 but is only applicable to programs which have been in existence for a full year prior to becoming eligible.

Performance metrics set for the new Workforce Pell-eligible programs set restrictions to those programs which provide greater than or equal to 70% completion rate, as well as greater than or equal to 70% job placement rate within 180 days of completion. There is also a metric that relates to earning requirements that the program outcomes must lead to students’ value-added income earnings that exceed the median price of the program. Noncredit programs are not excluded from eligibility and  it will be up to the U.S. Department of Education to decide whether the program meets the guidelines set. States will also be assessing these programs for eligibility via the governor or state workforce boards. There is a requirement that the program lead to a recognized credential that is stackable and portable, unless it leads to a single industry-recognized credential.

There are a lot of outstanding questions about how Workforce Pell will be functionally enacted and the details of the plan. The Department of Education has announced that there will be an upcoming negotiated rulemaking session taking place, and you can find more details on that process included in a dedicated section below. One notable change from the House-passed bill that did not make its way to the final law’s language was that of making unaccredited providers eligible to receive this Workforce Pell aid. And, in another dodging of the worst of the House-backed proposals, the final bill does not tighten broader Pell eligibility for full- and part-time qualifications, however it does restrict Pell grants from any student who receives full-ride or total cost of tuition covered by a combination of financial aid offers. 

Overall, however, most higher education advocates see this bill as a significant backsliding in the federal support for higher education, as it trims nearly $300 billion from federal student-aid spending overall, in addition to other non-calculable/scored losses that will be incurred by functional policy shifts. And, in a significant development that will affect almost all programs at all institutions, beginning in 2027, a program’s access to federal student loans will hinge on whether its graduates earn more than the typical high-school graduate; early modeling suggests as many as half of two-year programs could fail that test. Although UPCEA members should note that certificate programs were exempted under the same restrictions under this framework. 

The bill also has the following changes which will impact UPCEA institutions and the students they serve: 

  • Collapses the set of student loan repayment options into just two plans—one of them a 30-year income-driven scheme with higher minimum payments and sharply limited forgiveness. It also caps on the aggregate amount of public loans for graduate students to $100k, and $200k for professional students—changes analysts say will push more families into pricier private lending options
  • Raises the endowment-tax rate on certain colleges up to 8 percent
  • Eliminates Grad PLUS loans and caps Parent PLUS borrowing at $65,000 per student

Although supporters hail the OBBB package as a fiscally responsible reset, the Congressional Budget Office projects it will add $3.3 trillion to the deficit over the next decade, largely due to broader tax cuts which benefit more greatly those at the highest end of the income spectrum. This, while the higher education provisions shift more risk onto students, graduate programs, access-oriented campuses that serve low-income and working learners, and institutions themselves. Read more.

  • The bill’s implications for higher education are wide-reaching, and we know there are many questions for institutions. Our partners at Thompson Coburn LLP can help you uncover how the One Big Beautiful Bill Act (H.R. 1) could reshape higher education in a three-part webinar series. Partners Aaron Lacey and Chris Murray will break down everything from new loan-limit rules and Pell Grant reforms to sweeping accountability measures. It all starts with the first in the series on August 12, 2025 ​3-4:30 PM ET with “Soup to Nuts: A Review of the OBBBA’s Higher Education Provisions,” with two other webinars on August 14, and 19, all open now for registration. This series will assist institutions with the insights they need to navigate the Act’s political, regulatory, and operational impact. Register for this webinar series.


Negotiated Rulemaking on OBBBA for Student Loan and Workforce Pell Regulations Announced
Mark your calendar: The U.S. Department of Education will hold a virtual public hearing on August 7, 2025 to gather public input for its next round of Title IV higher‑education rulemaking resulting from new changes to financial aid due to the One Big Beautiful Bill Act (OBBBA). After the hearing, two negotiated‑rulemaking panels will meet in person (with livestream access): the Reimagining and Improving Student Education (RISE) Committee addressing student loan changes on Sept. 29-Oct. 3 and Nov. 3-7, 2025, and the Accountability in Higher Education and Access through Demand‑driven Workforce Pell (AHEAD) Committee working through the new short-term Pell legislation on Dec. 8-12, 2025 and Jan. 5–9, 2026. Sessions will run daily from 9 AM-12 PM and 1-4 PM ET. Individuals can submit written comments via Regulations.gov until August 25. Registration links for observers will be posted to this site one week before each negotiating session. The Department is also seeking a set of negotiators for each group, and nominations are due by August 25. Read more and submit nominations or comments.

 

Other News

Major Updates

Trump Administration Resumes Embassy Review on Student Visas, Implements Social Media Vetting Requirements

The Trump Administration has lifted its pause on F‑, M‑, and J‑visa processing but simultaneously unleashed sweeping new social-media vetting requirements: all international student applicants must now make their Facebook, X, Instagram and other accounts public for consular review, with officers instructed to flag any content seen as “any indications of hostility towards the citizens, culture, government, institutions or founding principles of the United States,” support for terrorism or antisemitic violence, and evidence of political activism, complete with detailed notes and screenshots. This follows May’s temporary halt to new student visa interviews ordered by Secretary Rubio to implement the expanded policy, which had generated concern over academic freedom and enrollment delays. In response to those actions UPCEA, alongside ACE and other higher ed associations, sent a May 30 letter to Secretary Rubio urging reconsideration, warning that the sweeping halt on visa issuance and stricter digital scrutiny risks undermining the U.S.’s reputation as a welcoming destination for global learners. Read more.


With stakes high, White House pushes negotiations with Harvard (Washington Post)

“Harvard has been racking up wins in court as the Trump administration has frozen research funding and sought to block admissions of international students.

The Trump administration is ramping up negotiations with Harvard University in an effort to reach an end to its months-long battle with the elite school, two senior White House officials have said, as Harvard has been racking up legal wins in court.

The administration expects a deal to land by the end of the month, one official said, and hopes the agreement would make a big enough splash to ‘basically be a blueprint for the rest of higher education.’ The White House officials spoke on the condition of anonymity to discuss private deliberations.

Harvard declined to comment.” Read more.

 

Professional Licensure Regulations – Highlights from UPCEA’s Coffee Chat

Curious how your peers are handling the professional licensure rules which went into effect last year? Kristen Brown from University of Louisville’s latest CORe post distills a lively Coffee Chat where poll results revealed schools are scattered along the implementation continuum. Some attendees are already logging every attestation, others are just drafting their first workflow, but no one is standing still. Participants traded pain points on program changes, multistate quirks and certificate rules, proving there’s as much to learn as to share. Dive into the recap, weigh in on the discussion thread with any questions or solutions for these newer regulations, and assess your own licensure processes. Visit the CORe thread.

 

Federal Budget Watch – The “Byrd Bath” Will Impact Higher-Ed Provisions, Including Workforce Short-Term Pell
The Senate Parliamentarian ruled that multiple sections of President Trump’s “One Big Beautiful Bill” reconciliation package violate the Byrd Rule and would need 60 votes to survive, rather than a simple majority, throwing a wrench in the hopes of the Trump administration and Republican Senate leadership that the bill would continue unscathed. Some of the provisions in higher education language were found to be subject to this rule. This include sections of the bill that provide Workforce Pell Grants for short-term programs to unaccredited and for-profit institutions, student aid eligibility for immigrant students, student loan repayment plans, among others. The Senate Parliamentarian is also considering topics like repeal of Borrower Defense to Repayment, Closed School Discharges Rule, and limitation on the authority of the Secretary of Education from issuing regulations that are “economically significant”. UPCEA has signed a letter to Senate leadership regarding issues we find with the bill. Read more.

 

Other News

  • Litigation Summary – Court Cases Related to Higher Education, What Is Happening?
    Thompson Coburn’s June 24 litigation digest underscores the sheer volume of higher-ed cases now in play. Covering a slew of cases currently working through the courts, including updates related to Gainful Employment, the Bare Minimum Rule, Borrower Defense to Repayment, Student Loan Forgiveness, Nonprofit Institution Status, Federal Funding Freeze, DEI Executive Orders, the Executive Order Directing the Closure of ED, Grant Terminations, Student and Exchange Visitor Program Litigation, among others.

    Check out these summaries and highlights to brief yourself and share with your colleagues to track the rapidly changing legal landscape. Read more.

Major Updates

International-Student Crackdown Escalates | UPCEA Joins Opposition to Broad Changes

After weeks of public sparring, the Department of Homeland Security formally revoked Harvard’s authority to host F-1 and J-1 students on May 22, citing non-compliance with new federal demands around campus protests and DEI programs. More than 6,800 students, about a quarter of Harvard’s enrollment, would have been forced to transfer or leave the country.

Harvard answered the same day with an emergency lawsuit and, on May 23, won a temporary injunction that restores its Student-and-Exchange-Visitor Program (SEVP) certification while the case proceeds. The judge said the administration’s action “appears calculated to punish protected speech” and would cause irreparable harm to students.

The fight is part of a broader policy shift: the State Department has paused all new student-visa interviews while new social-media vetting is designed, and Secretary of State Marco Rubio says the U.S. will “aggressively revoke” visas for some Chinese nationals in “critical” fields. Institutions with large international student pipelines or with heavy Chinese enrollments should prepare for sudden drops in starts and heightened document requests. 

In a May 30 letter to Secretary of State Marco Rubio, UPCEA joined more than 60 associations led by the American Council on Education urging the department to lift the interview pause and abandon wholesale visa revocations, warning that delays threaten the nationwide economic impact of $44 billion that international students contribute.

 

Sector-Wide Letters Push Back Against Trump Administration and Congressional Cuts

  • UPCEA Calls On Trump Administration to Reforge the Compact with Higher Education
    UPCEA joined with more than 50 higher education organizations, representing tens of millions of students, educators, researchers, and administrators nationwide, in a statement that expresses broad opposition to recent actions by the administration that jeopardize the longstanding partnership between the federal government and colleges and universities.​​ The statement emphasizes that the campus-federal partnership has made American higher education an engine of national progress and prosperity, and urges the administration to reforge this vital compact and work with colleges and universities to advance our shared national interests.    It is dangerous and disruptive, the statement notes, to hold billions of dollars for education and competitively awarded research grants hostage for political reasons and without due process. Efforts to condition funding on colleges and universities surrendering control to the federal government of core functions such as what students they admit, what courses they teach, and who teaches them is harmful to students, institutions, and our country. Read the letter

     

  • FY 2026 Basic-Needs Grant Letter
    A separate letter also signed by UPCEA asks Congress for $45 million to expand the Basic Needs for Postsecondary Students program, pointing to data that 23% of undergraduates still experience food insecurity. It is essential that Congress address the crisis of student basic needs insecurity to improve affordability, retention, and completion in higher education. Basic Needs Grants help support these goals for institutions of higher education with limited resources and help scale badly needed interventions to reach more students in need. Read the letter.

 

Secretary of Education’s Discretionary Grant Priorities Highlight Alternative Pathways & Online Ed [Open for Public Comment until June 20]

The U.S. Department of Education has published proposed new agency-wide priorities that will guide all discretionary grants, both current and future. One of the sections outlining these priorities includes “flexible options such as competency-based education that allows students to progress through learning at their own pace, short-term workforce-aligned programs or three-year or less degrees, and distance education.” The proposal also invites projects that expand dual enrollment, apprenticeship pathways and part-time coursework, and it is encouraging that many of these are areas where UPCEA members already lead. 

Public comments on these priorities are due by June 20; individuals and institutions may wish to highlight their own efforts supporting these priorities. Administrators should take note and highlight programs which align with these priorities for grants in progress, or future opportunities. Read more and comment.

 

Other News

Major Updates

  • Accreditation, Foreign Support, Skill-Based Learning Addressed in New Trump Executive Orders
    The Trump administration has continued issuing an unprecedented number of executive orders with recent directives directly impacting colleges and universities, addressing topics like accreditation reform, foreign influence, skills-based learning (including alternative credentials), and support for Historically Black Colleges and Universities (HBCUs). Two executive orders likely to significantly affect UPCEA members are those concerning accreditation and skills-based learning.

    President Trump’s recent executive order on accreditation seeks a substantial overhaul of the current system. Notably, it proposes eliminating diversity, equity, and inclusion (DEI) mandates, instead placing greater emphasis on student outcomes and institutional accountability. This order explicitly seeks to reduce ideological influences in accreditation by threatening “denial, monitoring, suspension, or termination of accreditation recognition” for accreditors who fail to adhere strictly to newly defined recognition criteria and by prioritizing “intellectual diversity.” Building upon trends to influence accreditation which were initiated during Trump’s first term, this measure explicitly encourages accreditors to approve only institutions offering “high-quality, high-value academic programs” and to reduce barriers that limit the adoption of innovative educational models focused on credential and degree completion. Additionally, the administration intends to launch an experimental site to pilot “new flexible and streamlined quality assurance pathways.”

    Another recent executive order, “Preparing Americans for High-Paying Skilled Trade Jobs of the Future,” aims to reshape federal workforce development by better aligning training initiatives with emerging industry demands, including fields driven by artificial intelligence and sectors critical to the administration’s broader goal of American reindustrialization. The order mandates a comprehensive review intended to consolidate and streamline existing workforce development programs, eliminate ineffective initiatives, and expand Registered Apprenticeships, with a targeted goal of exceeding one million new apprenticeships annually. Crucially for the UPCEA community, this order calls for a strategic evaluation of alternative credentials and assessments as viable alternatives to traditional four-year college degrees, closely matched to specific employer needs—a domain where UPCEA members’ expertise could be particularly valuable.

    As with other executive orders issued recently, extensive legal challenges are expected, and the ultimate short- and long-term impacts remain uncertain. Stay tuned for further updates in the months ahead.

 

 

  • Higher Ed Wins a SEVIS Battle, Not the Visa War (Inside Higher Ed)
    “International students, colleges and advocates caught a break Friday after weeks of confusion and disruptions. After thousands of students learned their Student Exchange and Visitor Information System status was revoked, they were relieved to hear that Immigration and Customs Enforcement was restoring students’ statuses nationwide. ‘I was in class when the news broke, and there was a sense of relief,’ said Chris. R Glass, a professor at Boston College’s Center for International Higher Education. ‘But it’s not the kind of relief that things are getting better, just that they’re not getting worse.’” Read more.

 

Following Higher Education Legal + Policy Updates

  • Higher Education Litigation Summary {as of April 29} (Thompson Coburn LLP)
    “Thompson Coburn’s Higher Education Litigation Summary is your resource for legal updates on key rulings and ongoing cases shaping the higher education sector. This installment covers updates related to Gainful Employment, the Bare Minimum Rule, BDR, Student Loan Forgiveness, Title IX, False Claims Act, Nonprofit Institution Status, Federal Funding Freeze, DEI Executive Orders, the Executive Order Directing the Closure of ED, and Grant Terminations.” Read more.

  • Tracking Trump’s Higher Ed Agenda (The Chronicle of Higher Education)

 

Other News

 

Policy Matters: Primers and Insights
As institutions of higher education continue to innovate with online courses and professional continuing education programs, having a general understanding of the regulatory landscape that such initiatives are subject to is critical to their long-term success. These UPCEA resources provide an introduction to foundational topics in federal legislation and regulations impacting online and professional continuing education for universities and colleges.

 

UPCEA Co-Signs Letter with ACE and Other Organizations in Response to Department of Education’s Feb. 14, 2025 Dear Colleague Letter (American Council on Education)
“The stated purpose of the DCL is to “provide clarity to the public regarding existing legal requirements” for colleges and universities under the Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard (SFFA), and more broadly under Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the U.S. Constitution. Unfortunately, the DCL’s ambiguous language has only led to confusion on campuses about their compliance responsibilities. Therefore, we respectfully request that the Department rescind the DCL and engage with the higher education community to ensure a clear understanding of their legal obligations in this area.” Read more.


Linda McMahon’s nomination to be Education secretary clears Senate hurdle (Roll Call)
Linda McMahon, whom President Donald Trump nominated to be Education secretary, is one step nearer to confirmation after the Senate cleared a procedural hurdle Thursday [2/27/25]. Senators voted 51-47 to approve a motion to invoke cloture on McMahon’s nomination, which is scheduled to receive a confirmation vote Monday. McMahon served as head of the Small Business Administration during the first Trump administration and was previously the CEO of professional wrestling and entertainment company WWE. Read more.


Judge temporarily blocks OPM, Education Department from sharing personal info with DOGE (Politico)
“A federal judge has barred the Education Department and the Office of Personnel Management — the government’s massive HR department — from sharing sensitive information with Elon Musk’s “Department of Government Efficiency,” saying the decision to grant DOGE access appears to breach federal privacy laws. “The continuing, unauthorized disclosure of plaintiffs’ sensitive personal information to DOGE affiliates is irreparable harm that money damages cannot rectify,” U.S. District Judge Deborah Boardman, a Maryland-based appointee of President Joe Biden, wrote Monday in a 33-page ruling granting a two-week restraining order.” Read more.


Judge temporarily blocks part of Trump’s anti-DEI orders (Inside Higher Ed)
“The nationwide injunction, handed down Friday evening [2/21/25], blocks the administration from terminating ‘equity-related’ grants or contracts and investigating universities with endowments worth more than $1 billion, among other provisions in two executive orders that targeted a range of programs, grants and contracts that the Trump administration considers ‘illegal’ DEI.” Read more.


Other News

 

Policy Matters: Primers and Insights

As institutions of higher education continue to innovate with online courses and professional continuing education programs, having a general understanding of the regulatory landscape that such initiatives are subject to is critical to their long-term success. These resources provide an introduction to foundational topics in federal legislation and regulations impacting online and professional continuing education for universities and colleges.

At 11th hour, judge blocks Trump’s pause on federal funding (Higher Ed Dive)

“UPDATE: Jan. 28, 2025: A U.S. District judge halted the government’s temporary freeze on federal funding just minutes before it was set to take effect at 5 p.m. Tuesday, according to news reports. U.S. District Judge Loren AliKhan in Washington, D.C., blocked the Trump administration’s directive for one week.

The challenge came from a coalition of organizations that filed a on Tuesday. The plaintiffs, represented in the legal challenge by Democracy Forward, include the National Council of Nonprofits, the American Public Health Association, Main Street Alliance, and SAGE.” 

Other coverage:

Please look out for future Policy Matters updates with the latest on this developing story.

 

Department of Education reminds institutions that misrepresentation rules extend to third party service providers

On January 16, the U.S. Department of Education published  to remind institutions of their obligations to avoid misrepresentations when working with third-party service providers, including Online Program Managers (OPMs). While noting this is not an exhaustive list, the Department provides examples and warnings relating to the following practices: (i) inaccurately identifying an individual employed by an external service provider such as an OPM as being employed by the institution itself; (ii) inaccurately presenting a sales representative or recruiter as an academic advisor; (iii) and describing a version of a program provided in partnership with an external service provider as an institution’s campus-based version of the program when there are meaningful differences. Many of the examples provided involve third party employees implying affiliation with the institution or the institution failing to properly disclose the involvement of an external service provider in the program. According to the Department, this letter was intended to remind institutions that the Higher Education Act’s prohibition on providing false, misleading, or inaccurate information about the nature of educational programs “applies equally to circumstances where an institution has arranged for an external service provider to exclusively manage functions of online programs, such as recruitment, advising, and clinical placements.” 

 

NEW Primers and Insights Resource – 

Introducing a new resource tailored for higher education professionals looking to build online and professional educational partnerships with foreign universities: International Policy Matters to International Program Success: Considerations for International Programming in Online and Professional Higher Education. This resource provides a broad overview of some of the most critical policies that affect international online and professional education programming. More importantly, it provides UPCEA members with key questions to ask about a potential international online and professional education program in order to adequately measure the policy risk involved. Knowing what questions to ask during the project planning and vetting stage will help surface risks that can help institutions judge the merits of a given international education project, and if they proceed, avoid delays and challenges during implementation. 

 

U.S. Department of Education Reveals New Distance Education and Program Integrity Rules: Final Outcomes and Responses to Concerns Raised by UPCEA

In this blog post, UPCEA Senior Policy Fellow and Associate Director of Compliance and Policy at the University of Michigan’s Center for Academic Innovation, Ricky LaFosse, summarizes key issues from the Department of Education’s new distance education and program integrity rules addressing a number of topics raised during negotiated rulemaking in 2024, along with the final decisions made by the Department. 

 

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