Cases & Developments - National Association of College and University Attorneys

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Date:
4/30/2025
Council of Graduate Schools Publishes “Supporting Fair and Inclusive Graduate Programs: A Resource for Faculty and Universities” (Apr. 30, 2025)
The Council of Graduate Schools (CGS) in collaboration with the Equity in Graduate Education (EGE) Resource Center and the Alfred P. Sloan Foundation, published the “Supporting Fair and Inclusive Graduate Programs: A Resource for Faculty and Universities.” The publication includes information on three topics: (1) graduate recruitment and admissions; (2) inclusive program cultures; and (3) mentoring. It was originally developed in response to the 2023 SFFA decision and also addresses state-based legislation and recent federal sub-regulatory actions.
Topics:
Admissions | Students
Date:
4/29/2025
Education and Workforce Committee Pass the Student Success and Taxpayer Savings Plan (Apr. 29, 2025)
The Education and Workforce Committee passed the “Student Success and Taxpayer Savings Plan” with an intent to save over $330 billion by way of reforming postsecondary education through three main initiatives: (1) strengthening accountability for students and taxpayers, (2) streamlining student loan options, and (3) simplifying student loan repayment. Specifically, the bill would require colleges “to have skin in the game” by paying a portion of their students’ unpaid loans based on how much of a return on investment the degree provided. It would set a maximum cap of $50,000 for undergraduate student loans, eliminate the GradPLUS loan for graduate students, and amend the maximum aggregate student loan cap to $100,000 for graduate students and $150,000 for professional students, as well as impose a total cap of $50,000 on Parent PLUS loans, requiring students to borrow the maximum amount they can before their parent takes out a loan on their behalf. Further, the bill repeals the SAVE plan and streamlines other repayment plan options into either a fixed repayment plan or an income-driven repayment plan. In addition, the bill proposes (1) additional funding to reduce funding shortfall for the Pell Grant Program, (2) elimination of the Gainful Employment Rule, (3) establishment of performance-based grants to institutions, (4) allowing student loan rehabilitation twice instead of once, and finally, (5) revises deferment and forbearance terms. In addition to the bill, the Committee has put together a Fact Sheet as well as a section-by-section summary and a preliminary cost estimation sheet. The bill now heads to the Budget Committee before it is considered on the House Floor.
Topics:
Accreditation, Authorizations, & Higher Education Act | Contracts | Financial Aid, Scholarships, & Student Loans | Grants, Contracts, & Sponsored Research | Higher Education Act (HEA) | Students
Date:
4/29/2025
ACE Letter Opposing the Student Success and Taxpayer Savings Plan (Apr. 29, 2025)
The American Council on Education (ACE) sent a letter (the Letter) to Rep. Tim Walberg, Chairman of the Committee on Education and Workforce expressing opposition to the “Student Success and Taxpayer Savings Plan” – a proposal to provide a budget reconciliation affecting education programs. The Letter states that the bill proposes policies that would harm students, institutions, and borrowers, specifically noting the reduction in student aid to low-income students and onerous financial penalties on institutions, particularly those least able to meet them. It states opposition to proposals including: (1) limiting Pell eligibility; (2) eliminating subsidized student loans; (3) eliminating Grad PLUS and restricting Parent PLUS loans without adequate increases in loan limits; (4) limiting the availability of federal aid to the median cost of specific programs; (5) eliminating/ reducing forbearances and deferments; and (6) establishing less favorable loan repayment options, all of which the Letter avers will lead to students paying more, borrowing more, and facing costlier repayment terms. The Letter critiques the proposal to create an institutional risk-sharing process, framing it as “significantly problematic.” The Letter states that the proposal would unduly penalize the institutions serving the largest number of students operating in the labor market and concludes that “attempting to design and implement an accountability scheme with such an uneven, incredibly complex, and punitive approach will only result in enormous negative consequences.”
Topics:
Accreditation, Authorizations, & Higher Education Act | Contracts | Financial Aid, Scholarships, & Student Loans | Grants, Contracts, & Sponsored Research | Higher Education Act (HEA) | Students
Date:
4/28/2025
OCR Finds the University of Pennsylvania in Violation of Title IX (Apr. 28, 2025)
U.S. Department of Education, Office for Civil Rights (the Department) announced its finding that the University of Pennsylvania’s policies and practices of permitting male-to-female transgender student athletes to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities, violated Title IX in that it denied other women equal opportunities. The Department tendered a proposed Resolution Agreement to the University to resolve the purported violations, giving the University ten days to voluntarily resolve the finding, or risk a referral to the U.S. Department of Justice for further enforcement proceedings. The proposed Resolution Agreement requires the University to: “(i) issue a statement to the University community stating that the University will comply with Title IX in all of its athletic programs; (ii) restore to all female athletes all individual athletic records, titles, honors, awards or similar recognition for Division I swimming competitions misappropriated by male athletes competing in female categories; and (iii) send a letter to each female athlete whose individual recognition is restored expressing an apology on behalf of the University for allowing her educational experience in athletics to be marred by sex discrimination.”
Topics:
Athletics & Sports | Gender Equity in Athletics | Student Athlete Issues | Students | Title IX & Student Sexual Misconduct
Date:
4/21/2025
U.S. Department of Education to Begin Federal Student Loan Collections (Apr. 21, 2025)
The U.S. Department of Education Office of Federal Student Aid (the Department) announced that it will resume collections of its defaulted Federal student loan portfolio beginning May 5, 2025 – the first time since March 2020. It states that resuming collections protects taxpayers from shouldering the cost of Fderal student loans that borrowers willingly undertook to finance their postsecondary education. Additionally, the resumed collections will be paired with a comprehensive communications and outreach campaign to ensure borrowers understand how to return to repayment or get out of default. Defaulted borrowers will be contacted urging them to contact the Default Resolution Group to make a monthly payment, enroll in an income-driven repayment plan, or sign up for loan rehabilitation. Later in the summer, the Department will send the required notices beginning administrative wage garnishment. The Department will also launch an enhanced Income-Driven Repayment (IDR) process, simplifying the time that it will take borrowers to enroll in IDR plans and eliminating the need for borrowers to recertify their income every year. Finally, the Department intends to enlist its partners – states, institutions of higher education, financial aid administrators, college access and success organizations, third-party servicers, and other stakeholders – to assist in the campaign.
Topics:
Financial Aid, Scholarships, & Student Loans | Students
Date:
4/14/2025
2024-25 and 2025-26 FAFSA Updates (Apr. 14, 2025)
U.S. Department of Education Office of Federal Student Aid (the Department) announced updates to the 2024-25 and 2025-26 Free Application for Federal Student Aid (FAFSA) form, including guidance for institutions with students who have a pseudo-social security number (SSN), updates about new FAFSA Submission Summary request functionality in FAFSA Partner Portal (FPPP) for paper filers, and the Institutional Student Information Record (ISIR) request functionality.
Topics:
Financial Aid, Scholarships, & Student Loans | Students
Date:
4/11/2025
U.S Department of Education Announces Consequences for Maine’s Title Further Enforcement Action (Apr. 11, 2025)
U.S. Department of Education (the Department) announced that it is referring its Title IX investigation into the Maine Department of Education (MDOE) to the U.S. Department of Justice (DOJ) for further enforcement action. The Department announced that it will also initiate administrative proceedings to adjudicate termination of MDOE’s federal K-12 education funding, including formula and discretionary grants that it states is due to MDOE’s “continued refusal to comply with Title IX,” and which follows the Department’s noncompliance finding and issuance of a final warning letter.
Topics:
Students | Title IX & Student Sexual Misconduct
Date:
4/11/2025
U.S. Justice Department Ends Illinois DEI Scholarship Program (Apr. 11, 2025)
The U.S. Department of Justice (the Department) announced that it threatened to file suit against the State of Illinois and six universities after learning that an Illinois scholarship program allegedly unconstitutionally discriminated on the basis of race in violation of the Fourteenth Amendment. The scholarship program established by Illinois law purportedly used race as a prerequisite for participation, excluding students of some races but not others inconsistent with the Department’s interpretation of federal law and Students for Fair Admissions Inc. v. President & Fellow of Harvard Coll. (2023). Following notice from the Department, multiple universities ended their participation in the program, including Northwestern University, Loyola University of Chicago, and the University of Chicago. The Department noted that none of the institutions that the Department notified of its findings elected to continue participation in the program, and the Illinois Board of Higher Education notified the Department that it has suspended all activities related to the program.
Topics:
Discrimination, Accommodation, & Diversity | Financial Aid, Scholarships, & Student Loans | Race and National Origin Discrimination | Students
Date:
4/10/2025
U.S. Department of Education 2025-26 Final Funding Authorization for the Campus-Based Programs (Apr. 10, 2025)
U.S. Department of Education Office of Federal Student Aid announced the final funding worksheets for the 2025-26 Statement of Account for Campus-Based programs are available on the COD website. The announcement details the total federal funds appropriated for allocation to schools, as well as a review of how the Campus-Based Awards for a School are determined, noting that underutilization of 2023-24 funds could impact a school’s allocation of 2025-26 funds. The announcement also states that individual schools will be notified by email that the 2025-26 Campus-Based allocation information was posted to the COD website. Finally, the announcement notes that some schools may qualify for supplemental 2025-26 Campus-Based funds based upon a reallocation of funds not spent by institutions from 2024-25 allocations and specific information on reallocation will be provided in subsequent communications.
Topics:
Financial Aid, Scholarships, & Student Loans | Students
Date:
4/8/2025
U.S. Department of Education Comment Request; Income Driven Repayment Plan Request for Federal Direct Loans and Federal Family Education Loan Programs (Apr. 8, 2025)
U.S. Department of Education (the Department) issued a comment request regarding income driven repayment plans for federal direct loans and the federal family education loan programs. The Department requested an emergency clearance for this revision of the information collection and asked that the full clearance package be filed at the same time, and noted that the Department will initiate a 60-day public comment period upon notification of emergency approval. The Department will update the IDR Request Form that is used by a borrower to enroll, recertify, or change their IDR plan to support the provisions identified by the court injunction issued February 18, 2025. Specifically, the form is being updated to remove the SAVE plan as an option for borrowers to select and remove the other early-implemented components of the Final Rule that applies to the other IDR plans and additional updates to improve clarity and the borrower experience.
Topics:
Financial Aid, Scholarships, & Student Loans | Students

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