dotEDU: Higher Education Policy Explained

The U.S. Supreme Court has released its long-awaited decision in Students for Fair Admissions (SFFA) v. Harvard and SFFA v. University of North Carolina–Chapel Hill, striking down colleges' use of race-conscious admissions nationwide. Madelyn Wessel, senior counsel at Hogan Lovells, and Peter McDonough, vice president and general counsel at ACE, join Mushtaq Gunja to offer initial thoughts about the ruling and potential implications for students and higher education institutions while considering what all of this means for the future of diversity, access, and opportunity on campus and beyond.

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Here are some of the links and references from this week's show:

The SFFA v. Harvard and UNC Race in Admissions Cases: Reactions to the U.S. Supreme Court's Ruling American Council on Education | July 6, 2023

Students for Fair Admissions, Inc. v. President and Fellows of Harvard College U.S. Supreme Court | June 29, 2023

Supreme Court Strikes Down Race in Admissions Policies American Council on Education | June 30, 2023

Transcript: Contingency Planning and Prep for a Post–Supreme Court Decision Landscape American Council on Education | April 19, 2023

ACE Leads Nearly 40 Associations Urging the Supreme Court to Reaffirm the Legality and Value of Race-Conscious Admissions American Council on Education | August 1, 2022

Affirmative Action Was Banned at Two Top Universities. They Say They Need It. The New York Times (sub. req.) | Oct. 31, 2022

Without Affirmative Action, How Will Colleges Seek Racial Diversity? The Washington Post (sub. req.) | July 5, 2023

Activists Spurred by Affirmative Action Ruling Challenge Legacy Admissions at Harvard Associated Press | July 3, 2023

Black Colleges Face Crunch as Supreme Court Ruling Drives Influx of Students Bloomberg (sub. req.) | July 5, 2023

Military Academies Exempt from Supreme Court's Affirmative Action Ruling The Wall Street Journal (sub. req.) | June 29, 2023

The impact of years of COVID-19 pandemic learning disruptions is coming into focus, and the picture is not good. To address the challenges P-12 students face, the Biden administration launched the National Partnership for Student Success (NPSS) in July 2022 and followed up last month with a call for colleges and universities to partner with their local school systems to help. The NPSS's Mariko Yoshisato Cavey visits the podcast to discuss how campuses can get involved.

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Here are some of the links and references from this week's show:

National Partnership for Student Success (NPSS)

The NPSS Higher Education Coalition

NPSS Guidance for Institutions of Higher Education

FACT SHEET: Biden-⁠Harris Administration Launches National Effort to Support Student Success The White House | July 5, 2022

Key Policy Letters Signed by the Education Secretary or Deputy Secretary Department of Education | May 10, 2023

Mobilizing the Higher Education Community to Support P-12 Pandemic Recovery Getting Smart | May 19, 2023

COVID-19 Learning Delay and Recovery: Where do US States Stand? McKinsey & Company | January 11, 2023

'Devastating': Pandemic Learning Loss Needs Urgent Attention in U.S., National Survey Finds Yahoo News | May 15, 2023

From the introduction:

More Borrowers at Risk of Defaulting Inside Higher Ed | June 12, 2023

The Standoff Between Kevin McCarthy and Right-Wing House Republicans, Explained Vox | June 11, 2023

Student Loan Payments will be Due Starting in October, Department of Education Clarifies CNN | June 12, 2023

White House Prepares for Possibility Supreme Court Could Kill Student Loan Forgiveness Plan The Wall Street Journal | June 8, 2023

Hosts Jon Fansmith and Sarah Spreitzer are joined by Emmanual Guillory, ACE's newest government relations staffer, to discuss the ongoing saga of the Education Department's gainful employment rules. They open the show with a brief chat about how the debt ceiling bill will impact higher education funding, student loans, and more.

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Here are some of the links and references from this week's show:

Education Faces Flat Funding Under Debt Ceiling Deal

Higher Ed Dive | May 30, 2023

Time Is Running Out for Colleges to Spend COVID-19 Relief Funds

EdTech Magazine| Feb 15, 2023

Speaker McCarthy Says Student Loan Payment Pause 'Gone' Under Debt Ceiling Deal. Here's What That Means.

USA Today (sub. req.) | May 28, 2023

CHIPS Act Funding for Science and Research Falls Short

The New York Times (sub. req.) | May 30, 2023

New, Stronger Gainful Employment Regs Released

Inside Higher Ed | May 18, 2023

U.S. Department of Education, Financial Value Transparency and Gainful Employment, Financial Responsibility, Administrative Capability, Certification Procedures, Ability to Benefit

American Council on Education | May 25, 2023

Education Department Delays Final Title IX Rules Until October

Higher Ed Dive | May 30, 2023

House Republicans Grill Cardona Over Student Loan Repayment Pause, Other Higher Ed Policies

Higher Ed Dive | May 16, 2023

Momentum Building for Pell Grant Expansion

Inside Higher Ed | May 30, 2023

Kelly Damphousse was a Canadian with dreams of playing in the NHL, who then became a correctional officer—four-year college was never part of the original plan. Now he's president of one of the largest universities in Texas. In this episode, he explains how he plans to take Texas State University to the next level of research excellence and explores why new funding for higher education can help raise the bar for some colleges in his state. Before that conversation, Jon and Mushtaq dive into debt ceiling woes and concerns over anti-DEI legislation in Florida.

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Here are some of the links and references from this week's show:

Introduction:

Yellen Reiterates That the U.S. Could Run Out of Cash by June 1 The New York Times (sub. req.) | May 15, 2023

House G.O.P. Passes Debt Limit Bill, Paving the Way for a Clash With Biden The New York Times (sub. req.) | April 26, 2023

Florida Gov. Ron DeSantis Signs a Bill Banning Dei Initiatives in Public Colleges NPR | May 15, 2023

Interview:

Texas State University's Run To R1

A New Fund, Called the TUF, Could Boost Research on Four University Campuses Spectrum News 1 | April 13, 2023

Leveling the Playing Field in Texas Inside Higher Ed | April 20, 2023

The American College President: 2023 Edition reveals that presidents of color make up a little more than one out of every four college and university leaders. While the undergraduate student population continues to diversify, people of color remain underrepresented in the presidency. Recorded live at the American Council on Education's recent annual meeting, this episode features Bill Pink, president of Ferris State University, and Leslie Gonzales, associate professor of higher education at Michigan State University, in a conversation about how we can continue to diversify the presidency and why it's essential.

The dotEDU Live-ACPS recordings and the American College President Study are generously supported by the TIAA Institute.

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Here are some of the links and references from this week's show:

The American College President: 2023 Edition

With the deadline to raise the federal debt ceiling fast approaching, Jon Fansmith and Sarah Spreitzer explain why the outcome matters to higher ed, including how it will impact budget proposals over the next few months. They also give updates on third-party servicer guidance, answer questions about Title IX regulations, and more.

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Here are some of the links and references from this week's show:

Here's What's in the GOP Bill To Lift the U.S. Debt Limit PBS | April 26, 2023

Update on the Department of Education's Third-Party Servicer Guidance US Department of Education | April 12, 2023

Letter to the Education Department on Third-Party Servicers ACE | March 29, 2023

The Department of Education Announces Public Hearings on Higher Education Rulemaking US Department of Education | March 23, 2023

Comments on the Department of Education's Proposed Negotiated Rulemaking Sessions ACE | April 24, 2023

Education Department Unveils Title IX Transgender Sports Eligibility Rule Politico | April 6, 2023

How New FAFSA Will Change What Students Pay Inside Higher Ed | April 18, 2023

Clock Ticks on College COVID Relief Dollars Politico | May 1, 2023

Selective Colleges Lose Diversity With Affirmative Action Ban, Study Finds Yahoo | March 28, 2023

Recorded live at the American Council on Education's recent annual meeting, this is the first of two episodes unpacking results from ACE's new report, The American College President: 2023 Edition. Pamela Eddy and Kenya Ayers-Palmore discuss the different pathways men and women take to the college presidency and what the higher education community can do to promote more women campus leaders. Eddy is a professor of higher education and department chair of Educational Policy, Planning, and Leadership at the College of William & Mary, and Ayers-Palmore is president of Tarrant County College District Northeast Campus. Next up: "Diversifying the College Presidency Is Essential."

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Here are some of the links and references from this week's show:

The American College President: 2023 Edition

Welch Suggs, an associate professor of journalism at the University of Georgia and a former reporter at The Chronicle of Higher Education joins the podcast to look at the state of the name, image, and likeness (NIL) landscape for student athletes and college campuses. Where do we stand since the NIL era began in 2021? Which students are benefitting from these contracts? How much money are they making? And with no central authority regulating NIL, will Congress step in?

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Here are some of the links and references from this week's show:

Former President Donald Trump is on His Way to NY Ahead of His Arraignment

Fox 5 | April 3, 2023

Everything you Need to Know About the NCAA's NIL Debate

ESPN | Sept. 1, 2021

O'Bannon v. NCAA - 802 F.3d 1049 (9th Cir. 2015)

National Collegiate Athletic Association v. Alston

NIL Collectives Sprouting Up To Help Student-athletes with Monetization

Sports Business Journal | Feb. 16, 2022

The Endorsement Deals Shaping the N.C.A.A. Tournaments

The New York Times | April 2, 2023

New Endorsements for College Athletes Resurface an Old Concern: Sex Sells

The New York Times | Nov. 11, 2022

NCAA's Baker Continues To Push for Congressional NIL Solution

Sports Business Journal | April 3, 2023

Congressional Hearing Targets 'NIL Chaos' in College Sports

Associated Press | March 29, 2023

Hosts Jon Fansmith and Sarah Spreitzer are joined by their Government Relations colleague Steven Bloom to talk about the troubling trend of elected officials intruding on academic freedom and restricting instruction on divisive concepts. They also take questions about the potential for Higher Education Act reauthorization and other potential happenings in federal higher education policy.

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Here are some of the links and references from this week's show:

Making the Case for Academic Freedom and Institutional Autonomy in a Challenging Political Environment: A Resource Guide for Campus Leaders American Council on Education & PEN America

3 GOP Lawmakers Just Introduced a Plan for Congress To Overturn Biden's Student-loan Forgiveness Business Insider | March 17, 2023

Foxx, Back in Charge, Pledges Oversight, Stronger Accountability Inside Higher Ed | March 9, 2023

Education Department To Reduce 'Red Tape' on Public Service Loan Forgiveness, Making It Easier for Borrowers To Qualify CNBC | Oct. 25, 2022

Background Information and Implications for Campuses: Department of Education Dear Colleague Letter on Third-Party Servicers American Council on Education | March 21, 2023

Education Department's New Third-Party Servicers Definition Won't Go Into Effect Until September Higher Ed Dive | Feb. 28, 2023

The Department of Education's forthcoming guidance on third-party servicers and online program managers (OPMs) is shining a spotlight on contracts created to expand online academic offerings. Why did these relationships grow dramatically during the pandemic, and why are they needed now? Kelly Otter, dean of the School of Continuing Studies at Georgetown University, joins the podcast to explain. Jon, Sarah, and Mushtaq get into the Supreme Court hearing that could determine the fate of President Joe Biden's student loan forgiveness initiative and other happenings in Washington.

Tweet suggestions, links, and questions to @ACEducation or [email protected].

Here are some of the links and references from this week's show:

Introduction:

On Student Loan Forgiveness, Conservative Justices Skeptical of Biden Plan The Washington Post (sub. req.) | Feb. 28, 2023

Plan B To Cancel Student Loan Debt? The White House Won't Go There Even as Pressure Mounts USA Today (sub. req.) | March 4, 2023

Fact Sheet: The President's Budget: Extending Medicare Solvency by 25 Years or More, Strengthening Medicare, and Lowering Health Care Costs The White House | March 7, 2023

House Republicans Introduce 'Parents Bill of Rights' Aimed at Oversight in Education CNN | March 2, 2023

House Panel To Consider GOP Bill Banning Transgender Women, Girls From Team Sports The Hill | March 6, 2023

Conversation with Kelly Otter:

USC Pushed a $115,000 Online Degree. Graduates Got Low Salaries, Huge Debts. The Wall Street Journal (sub. req.) | Nov. 9, 2021

GAO Takes Moderate Stance on Online Program Providers Inside Higher Ed | May 6, 2022

Request for Extension on Third-Party Servicers Comment Deadline ACE | Feb. 23, 2023

Competing Models Among OPM Providers Inside Higher Ed | Oct. 25, 2017