Federal Update - August 21
Government Relations Highlights
Title IX: The U.S. Supreme Court denied the Department of Education’s application to lift two preliminary injunctions which prevent the Department from enforcing its new Title IX regulations in twenty-six states
Participation Statuses and FSA Enforcement Actions Update: The Department posted an Electronic Announcement that it published additional information on its data center relating to participation statuses and FSA enforcement actions against institutions participating in Title IV federal student aid programs
2025 FAFSA Delay: The Department announced that the 2025-26 Free Application for Federal Student Aid (FAFSA® form) will be launched through a new “phased” process, which will ultimately delay the universal release of the application.
Title IX
What You Need To Know
On August 16, 2024, the U.S. Supreme Court denied the Department of Education’s application to lift two preliminary injunctions which prevent the Department from enforcing its new Title IX regulations in twenty-six states. In its majority opinion, the Court held,
[T]he Government has not provided this Court a sufficient basis to disturb the lower courts’ interim conclusions that the three provisions found likely to be unlawful are intertwined with and affect other provisions of the rule. Nor has the Government adequately identified which particular provisions, if any, are sufficiently independent of the enjoined definitional provision and thus might be able to remain in effect… The Court expects that the Courts of Appeals will render their decisions with appropriate dispatch.
As of August 1, 2024, the Department’s final Title IX regulations took effect for twenty-four states, excluding the twenty-six states that are a party to the lawsuits filed against the Department regarding the Final Rule. The Final Rule contains significant changes including expanding the scope of complaints that institutions must investigate, increasing employee reporting responsibilities and clarifying institutional obligations regarding discrimination based on pregnancy or related conditions. Title IX institutions that are present in states not bound by the Final Rule will prepare for the 2024-2025 school year based on the 2020 Title IX regulations.
Why This Is Important
The Department has now exhausted all legal options to lift the preliminary injunctions. The injunctions will remain in effect until the courts issue a ruling. Title IX institutions in the following states are not bound by the Final Rule: Alabama; Alaska; Arkansas; Florida; Georgia; Idaho; Indiana; Iowa; Kansas; Kentucky; Louisiana; Mississippi; Missouri; Montana; Nebraska; North Dakota; Ohio; Oklahoma; South Carolina; South Dakota; Tennessee; Texas; Utah; Virginia; West Virginia; and Wyoming.
For more information:
Posting Title IV Participation Statuses and FSA Enforcement Actions
What You Need to Know
The Department posted an Electronic Announcement that it published additional information on its data center relating to participation statuses and FSA enforcement actions against institutions participating in Title IV federal student aid programs. The publication of this information will provide prospective students with important information about the current status of each Title IV participating institution, and is part of the Department’s efforts to increase public awareness of educational programs offered by Title IV institutions.
The FSA posted on its data center an excel document containing the participation statuses of the institutions currently participating in one or more Title IV programs. This document includes information relating to the type of program participation agreement, date of execution, and date of expiration for each Title IV school. The FSA will regularly update its website to indicate the changed PPA statuses for institutions and to add copies on a rolling basis of provisional PPAs that are issued after June 26, 2024.
Additionally, the FSA posted a list of adverse administrative actions initiated on or after Oct. 1, 2021 (the start of Fiscal Year 2022) through July 31, 2024 against institutions participating in Title IV programs. This information will also be updated on a quarterly basis, with the next quarterly update to occur sometime after Oct. 1, 2024.
Why This Is Important
This announcement is important as the Department continues to focus on its transparency efforts, and making sure that all Title IV participating institutions are publicly accountable for violating any terms of its Program Participation Agreements.
For more information:
FAFSA Delay
What You Need to Know
The Department announced that the 2025-26 Free Application for Federal Student Aid (FAFSA® form) will be launched through a new “phased” process, which will ultimately delay the universal release of the application. Starting on October 1, the Department will release the 2025-26 FAFSA form for testing to a limited set students. The Department will then make the application available to all students on or before December 1, 2024.
The Department will continue to seek feedback from partners on this phased rollout through its listening sessions, and it released a formal request for information in the Federal Register.
Why This Is Important
The Department’s failed 2024 FAFSA rollout had a significant impact on all institutions of higher education, and likely impacted enrollment numbers for many institutions. The delay in the release of the 2025 FAFSA will likely frustrate the entire higher education sector.
For more information:
Electronic Announcement
Federal Register
Democratic Party 2024 Platform
What You Need to Know
The delegates at the Democratic National Convention approved the Democratic Party’s 2024 Platform. The education section of the Platform includes Democratic initiatives to provide additional student loan debt relief, expand the Federal Pell Grant Program and continued investments in career and technical education.
Why This Is Important
The Democratic Party approved of the 2024 Platform at the DNC. We will continue to monitor for any references to policies related to the sector.
For more information:
