Tag Archives: Regulations

Department of Education in Hot Seat Defending Another Administrative Procedure Act Lawsuit

Apart from defending Title IX lawsuits in Texas, Nebraska, Illinois, and the District of Columbia based on its Dear Colleague Letters (transgender bathroom/locker room guidance and guidance announcing the preponderance of the evidence standard for campus sexual harassment and assault disciplinary proceedings), the U. S. Department of Education now is a defendant in a Title … Continue Reading

Oversight Hearing on Proposed ESSA Title I Regulations

On Thursday, July 14, 2016 at 10:00 AM, the Senate Health Education Labor and Pensions Committee will hear from education stakeholders about what they think about the proposed Title I regulations to Title I of the Elementary and Secondary Education Act, as amended by the Every Student Succeeds Act (ESSA), published earlier today (July 11) … Continue Reading

Association’s Draft Report Raises Questions about Due Process Under Title IX

Earlier today the American Association of University Professors (AAUP) released a draft report, The History, Uses, and Abuses of Title IX, raising questions about due process for the accused under Title IX of the Education Amendments of 1972.  While the draft report is much broader than a due process discussion, due process is one of the … 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

New Gainful Employment Rule Challenged

In a lawsuit filed in federal court in the District of Columbia earlier today (Nov. 6, 2014), the Association of Private Sector Colleges and Universities (APSCU) argues the U.S. Department of Education’s recent final regulation (214 pages) on gainful employment is unlawful, arbitrary and capricious, outside the scope of authority of the Higher Education Act … 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

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

House Committee Asks Government Accountability Office (GAO) to Examine Regulatory Burdens

Earlier this year the House Education and Workforce Committee held hearings to examine the impact and burden of federal, state, and local regulations upon school districts. In a related vein, yesterday Chairman John Kline and Rep. Richard Hanna sent a letter.pdf to the Government Accountability Office (GAO) asking a number of questions about federal regulatory burdens, … 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

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