Supreme Court Overturns Chevron Deference: What It Means for Higher Ed

Supreme Court Overturns Chevron Deference: What It Means for Higher Ed

Supreme Court Overturns Chevron Deference: What It Means for Higher Ed

One big thing

The Supreme Court’s decision to overturn Chevron deference will have major implications for how federal agencies operate, especially in higher education.

Why it matters

  • Higher ed is “probably the most affected” sector, as nearly all aspects are regulated, from staffing to curriculum.
  • The ruling shifts power away from executive agencies and back to Congress and the courts.
  • It could lead to a “tsunami of litigation” challenging agency interpretations of laws.

What’s next

  • Congress will need to write clearer, more detailed laws rather than relying on agencies to fill in gaps.
  • Higher ed leaders should get more involved in crafting legislation and providing expertise to Congress.
  • The rulemaking process will likely become more technical and information-focused.

The bottom line

While creating short-term uncertainty, this ruling creates a move in accountability and power from the executive branch to the legislative and judicial branches of government. The executive branch will need to focus on technical execution as opposed to interpretation of congressional intent. Congress will need to find ways to more effectively legislate. The Judiciary will settle disputes without deference to the executive branch interpretation.

Tailored Support for Working Learners

Tailored Support for Working Learners

What’s happening 

Presidents Forum members highlight the tailored supports their institutions provide to working learners. From flexible schedules to career-aligned programs, these schools are innovating to meet the needs of students balancing jobs and education.

Key takeaways

  • Flexible Learning: Institutions offer night classes, hybrid programs, and self-paced online courses to fit around busy work lives.
  • Career-Connected Support: Many programs are designed in collaboration with employers, ensuring that students gain the skills needed for immediate workforce impact.
  • Personalized Guidance: Schools provide targeted advising and mentorship to help working learners navigate both career and academic goals.

Why it matters 

With an increasing number of students juggling work and education, these supports are crucial for expanding access and success in higher education.

August Executive Director Update

August Executive Director Update

What’s happening 

The Presidents Forum is ramping up its thought leadership efforts, with Executive Director Wesley Smith announcing a new initiative for member institutions to produce content similar to the “Players’ Tribune” for higher education.

  • September’s focus: Presidential transition—how can the next administration best focus to benefit higher ed students?
  • October’s theme: Serving underserved students—addressing equity and access.
  • November’s spotlight: AI’s impact on higher education—exploring opportunities and challenges.

Why it matters 

This initiative aims to create a dynamic platform where leaders can share insights and best practices, positioning the Forum as a thought leader in education innovation.

Zoom in 

The Forum has also been actively involved in federal policy discussions, submitting NegReg comments to the Department of Education on distance learning regulations.

What’s next 

The Forum continues its collaboration with the CHIPS for America program, working to involve member institutions in this transformative initiative.

Navigating Higher Education Mergers with President David Schejbal, Excelsior University

Navigating Higher Education Mergers with President David Schejbal, Excelsior University

What’s new

David Schejbal, president of Excelsior University, discusses the challenges of higher education mergers and acquisitions in today’s turbulent landscape.

Key insights

  • Mergers are rising: Due to declining enrollments and the end of COVID-related financial aid, many institutions are struggling, with mergers offering a lifeline.
  • Regulatory roadblocks: The process to merge two institutions is lengthy, complex, and often uncertain—taking up to two years for approval from state and federal authorities.
  • Student impacts: Mergers can benefit students by expanding academic opportunities and ensuring they complete their degrees, but if unsuccessful, school closures harm students, taxpayers, and communities alike.

Why it matters

The landscape of higher education is rapidly shifting, with more closures than ever before. Institutions must adapt to survive, and regulatory innovations are needed to help streamline mergers.

The bigger picture

Schejbal likens higher ed’s current state to healthcare consolidation in past decades, suggesting that, like hospitals, many smaller schools will either close or join larger networks.

What’s next

The Presidents Forum will continue to elevate this conversation, advocating for more collaboration between institutions and regulators to protect students and the future of higher education.

 

Presidents Forum Comments on Program Integrity and Institutional Quality Negotiated Rulemaking

Dear Secretary Cardona,

We write to you today on behalf of the Presidents Forum, which is composed of seventeen non-profit institutions committed to innovation in higher education and representing nearly a million students. The Forum is dedicated to prioritizing student needs and success above all other interests. With this approach and the unique student population we serve, we have become the leading voice for working learners in America.

As institutions that utilize technology and innovation to best serve our students, we emphasize the need for parity in mode and method regulation. As the education environment evolves, the importance for regulatory consistency has become more evident. We are committed to continuously improving student success outcomes for all students. We also are very concerned about the proposed regulations that focus on instructional modality and method rather than on outcomes. These regulations will be counter productive and will lead to accountability for the wrong metrics. 

At the foundation of all of our comments today is our belief that embracing technology and innovation in higher education is radically improving student access and outcomes. Accountability and transparency are necessary components to ensure innovation leads to improved outcomes. Regulators should advance accountability and transparency that is agnostic to modality and reveres student outcomes as paramount. 

Today, we write to apply this paradigm to proposed language contained in the July 23, 2024, Notice of Proposed Rulemaking. In general, we worry these proposed changes are representative of a broader approach to roll back and limit distance learning. Specifically, our comments concern the proposed language contained in §668.41(h), §668.22(b)(3)(ii), and 600.2(1)(iv).

668.41(h): Reporting of student enrollment in distance education or correspondence courses. For each recipient of title IV, HEA assistance at the institution, the institution must report to the Secretary, in accordance with procedures established by the Secretary, the recipient’s enrollment in distance education or correspondence courses.

668.22(b)(3)(ii): An institution must, within 14 days of a student’s last date of attendance, document a student’s withdrawal date determined in accordance with paragraph (b)(1) of this section and maintain the documentation as of the date of the institution’s determination that the student withdrew.

600.2(1)(iv): In distance education, 50 to 60 minutes in a 60-minute period of attendance in a synchronous class, lecture, or recitation, where there is opportunity for direct interaction between the instructor and students. 

In the case of 668.41(h), we understand that distance education courses are regulated under the Higher Education Act, and therefore requiring enrollment reporting is reasonable. Our greater concern is with the usage of this data once collected. It would be inappropriate to use this information to compare the quality of online and in-person learning. This study, published by the Center for Higher Education Policy and Practice, explains the dangers in making such comparisons. In short, “…Online, blended, and in-person delivery are modalities for learning, not proxies for the quality of instruction, pedagogy, and course design.” (Pg. 7)

Our principle of regulatory parity leads us to be extremely concerned about 668.22(b)(3)(ii). While we recognize and appreciate the intention of protecting taxpayer dollars by returning Title IV funds that are not being used appropriately, we believe the proposed rule violates this principle of parity. While many of our institutions have access to data to help identify when engaged distance-learners cease to engage, creating standards that aren’t applied to all modalities is problematic. The proposed carve-out for doctoral candidates further reinforces the perception that the Department treats elements of traditional education differently than online programs. We recommend that all institutions make timely title IV refunds regarding student withdrawals using the best data available to the institution regarding a student’s last date of attendance. 

The concept of attendance is rooted in traditional in-person higher education. Our institutions are the leading forces in using innovation to better meet students where they are, and providing a learning process that works for them. This means that distance learning is more than creating an in-person classroom through video conferencing. In these unique and strategic modalities, the traditional usage of classroom attendance limits learners and diminishes our ability to provide accessible educational opportunities to learners of all backgrounds and at all stages of life. Furthermore, applying attendance as a measure of academic engagement for asynchronous learning and not for synchronous learning is an example of inconsistent regulation of modality. 

Our concerns also involve the proposed definition change included in 600.2(1)(iv), which eliminates asynchronous instruction under the definition of “clock-hour.” Requirements that restrict asynchronous education limit the flexibility that many working learners need in order to be successful. 

The assumption behind the proposed removal of asynchronous education from the definition of “clock-hour” is concerning. Asynchronous education is inherently no less effective than synchronous activities, and students can receive the same (or higher) level and quality of instruction from asynchronous learning opportunities. Again, we urge regulation promulgation that focuses on outcomes, rather than modality. 

The Presidents Forum and Department of Education share the goal of providing quality, effective, and affordable higher education to learners across the country. Our institutions provide an invaluable resource to working and underprivileged learners, and maintain that parity in regulation, transparency, and accountability are necessary to providing the highest quality education to all students. 

Sincerely,

Wesley Smith

Executive Director

Presidents Forum