Tag Archives: Higher Education

Supreme Court to Hear Gloucester County, VA Transgender Bathroom Case

Last week the Supreme Court announced it will review the G.G. v. Gloucester County School Board (VA) decision–a case dealing with who gets to use what bathroom in a local high school.  The Fourth Circuit Court of Appeals ruled 2-1 that for purposes of Title IX’s prohibition of sex discrimination, a student’s self-designated gender identity … Continue Reading

Oklahoma Wesleyan University Joins Lawsuit Challenging Title IX Sexual Assault Guidance

Yesterday, Oklahoma Wesleyan University joined pending litigation in the District of Columbia–now titled John Doe and Oklahoma Wesleyan University v. Catherine H. Lhamon, et al., 1:16-cv-01158-RC–challenging the U.S. Department of Education’s controversial Title IX Sexual Misconduct Guidance issued on April 4, 2011 in a Dear Colleague Letter.  Plaintiffs contend the Department’s Office for Civil Rights violated … Continue Reading

Court of Appeals Holds Notice and Comment Rulemaking Required

In a 2-1 decision  announced on November 9, 2015, the U.S. Court of Appeals for the Fifth Circuit affirmed a Texas court’s injunction against executive actions of the Department of Homeland Security that had sought to give quasi-legal status and work permits to certain undocumented immigrants.  In so holding, the court noted the executive actions constituted, … Continue Reading

Senate HELP Committee Hearing on Role of Consumer Information in College Choice

As part of the backdrop to reauthorization of the Higher Education Act, the Senate Health, Education, Labor and Pensions Committee will hold a hearing on Wednesday, May 6, 2015 at 10:00 AM on the Role of Consumer Information in College Choice.   Witnesses are Mark Schneider, Ph.D., Vice President and Institute Fellow at the American … Continue Reading

Ed and Workforce Committee Sets Higher Education Hearing

The House Education and Workforce Committee’s Subcommittee on Higher Education and Workforce Training has scheduled a hearing on “Strengthening America’s Higher Education System” for Tuesday, March 17, 2015 at 10:00 AM in 2175 Rayburn House Office Building. Headlining the witness list is the Honorable Mitch Daniels, Jr. President of Purdue University.  Other witnesses include Dr. … Continue Reading

Committee to Examine Report on Higher Education Regulations

The Senate Health, Education, Labor and Pensions Committee will hold a hearing on the recently-released (Feb. 12, 2015) report of the Task Force on Federal Regulation of Higher Education, “Recalibrating Regulation of Colleges and Universities” on February 24, 2015 at 10:00 AM.  Two witnesses are on the agenda:  Dr. William E. Kirwan, Chancellor of the … Continue Reading

Next Stop on Affirmative Action in College Admissions

The next stop in Fisher v. University of Texas at Austin (affirmative action in college admissions) will once again be the Supreme Court should a petition for cert be filed and granted. Earlier today, the U.S. Court of Appeals for the Fifth Circuit denied the petition by Ms. Fisher for the entire membership of the … Continue Reading

Higher Education Items to Watch in FY2015 Department of Education Budget

While new and major initiatives in the Department of Education’s FY2015 budget are generally on the K-12 side of the ledger, on the higher education side the Department proposes $7 billion in mandatory budget authority for a new College Opportunity and Graduation Bonus Grants’ program.  These Bonus Grants would be used to reward colleges that … Continue Reading

Council for Christian Colleges and Universities Installs Lawyer as Sixth President

Earlier today the Council for Christian Colleges and Universities (CCCU) installed Edward O. Blews, Jr. as the sixth president of its association–an organization committed to advancing Christian higher education. The CCCU consists of 171 institutions around the world focusing on the arts and sciences.   Trained as a lawyer, Blews comes to the position with … Continue Reading

NAICU Task Force: ED’s Administration of Financial Responsibility Regulations Found Wanting

In a recently-released report about the Department of Education’s administration of its financial responsibility regulations (the regulations–34 CFR Part 668, Subpart L–assess the financial stability of colleges and universities), a task force of the National Association of Independent Colleges and Universities (NAICU) found the Department failed to consistently follow its regs, failed to update its … Continue Reading

Supreme Court Revives Liberty University’s Challenge to Affordable Care Act

After an earlier dismissal on procedural grounds by the U.S. Court of Appeals for the Fourth Circuit, Liberty University’s challenge to the Affordable Care Act (“Act”) will soon be on the front burner again. In a summary order of November 26, the Supreme Court sent the case, Liberty University v. Geithner, back to the Fourth Circuit to be re-heard … Continue Reading

U. S. Files Amicus Brief in Fisher v. University of Texas Affirmative Action Case

Last week the United States–collectively through the Departments of Defense, Education, Health and Human Services, Commerce, Labor, and Justice–filed a friend of the court brief in Fisher v. University of Texas at Austin, et al.  As noted in Bob Eitel’s earlier posts of July 26 and August 8, this closely watched case again raises the … Continue Reading

Executive Order Impacts Institutions Serving Active Duty Military and Veterans

In an April 27, 2012 ceremony at Fort Stewart, Georgia, President Obama signed an Executive Order (EO) that will impact institutions of higher education serving veterans and active duty military members.   Consisting of five sections (Policy, Principles of Excellence for Educational Institutions Serving Service Members, Implementation of the Principles of Excellence, Strengthening Enforcement and … Continue Reading

Higher Education State Authorization and Credit Hour Regulations Repealed

By a nearly three to one bipartisan margin of 303-114, the U.S. House of Representatives voted to repeal the Department of Education’s state authorization and credit hour regulations. The bill–the “Protecting Academic Freedom in Higher Education Act” (H.R. 2117)–is sponsored by Rep. Virginia Foxx (R-NC), the Chairwoman of the Subcommittee on Higher Education and Workforce … Continue Reading

New Member and Affiliate Join Council for Christian Colleges & Universities

Earlier this month the Council for Christian Colleges and Universities (CCCU) announced that Regent University (Virginia Beach, VA) joined the CCCU as a member, and Newbold College (United Kingdom) as an international affiliate. The CCCU consists of 185 Christ-centered higher education institutions from around the world, consisting of 116 member campuses in North America and … Continue Reading

Higher Education Disclosure Laws Create Challenges

A recent study published by the Education Sector and the American Enterprise Institute, “The Truth Behind Higher Education Disclosure Laws,” took a look at the rates at which 152 four-year colleges and universities complied with five new disclosure requirements under the Higher Education Opportunity Act of 2008 (HEOA).  The study reviewed graduation rates for students … Continue Reading

Comments Due by July 25, 2011 on Education’s Plan to Review Regulations

Today (July 6, 2011), the U.S. Department of Education published a Notice.pdf of its “Preliminary Plan” for a comprehensive review of elementary, secondary, and higher education regulations in the Federal Register.  As noted in my post of July 1, institutions of higher education, school districts, schools, and others in the education sector will want to take … Continue Reading

Education’s “Preliminary Plan” for Review of Regulations: Watch Closely

As part of a government-wide initiative, the U.S. Department of Education recently published a 13-page Preliminary Plan.pdf for reviewing existing K-12 and higher education regulations, guidance documents, information collections, and priorities, requirements, definitions, and selection criteria governing discretionary grant programs.  Technically called the “Preliminary Plan for Retrospective Analysis of Existing Rules,” the Plan’s intent is “to … Continue Reading

Ed and Workforce Committee Moves Ahead on K-12 and Higher Ed Bills

On May 25, 2011, the House Education and Workforce Committee reported, by a vote of 23-16, its first Elementary and Secondary Education Act (ESEA) reauthorization bill, H.R. 1891.pdf–one of several measures expected to be considered this year as Congress works to extend the ESEA.  Known as the “Setting New Priorities in Education Spending Act,” the … Continue Reading

Funding Priorities for K-12 and Higher Education Discretionary Grants Announced

Potential applicants for U.S. Department of Education (ED) discretionary grants in both K-12 and higher education programs should take note of the Department’s latest refinements (December 15, 2010 Federal Register Notice.pdf) in its priorities for awarding grants in Fiscal Year 2011 and future years.  The notice of “Supplemental Priorities for Discretionary Grant Programs” refines what … Continue Reading

Over Regulation in Higher Education: Panel Discussion Oct. 13, 2010

As the deadline (November 1, 2010) rapidly approaches for the Department of Education to move final regulations out the door, The Heritage Foundation will host Dr. Richard Vedder, Distinguished Professor of Economics, Ohio University, and Dr. Richard Bishirjian, President and Professor of Government, Yorktown University from 2:00-3:00 pm on October 13, 2010 to speak on … Continue Reading

The DREAM Act and the Defense Authorization Bill

With a little over six (6) weeks to go until mid-term elections on November 2, Senate Majority Leader Harry Reid (NV) announced plans to include, as part of the Senate’s consideration of the Defense Authorization bill, a DREAM Act amendment.  While the exact language of the amendment is unclear at this time, it can be … Continue Reading