Several federal agencies have rules scheduled to go into effect this summer. Although some, like the FCC's net neutrality rule, do not require action, others require significant attention by higher education administrators. A non-exhaustive list is provided below for your review. 

 

 

Web Accessibility

Digital Accessibility: This update to the Americans with Disabilities rule establishes technical standards applicable to websites, social media, and mobile apps maintained by public colleges and universities. The rule requires all web content to be accessible by individuals who have vision, hearing, manual dexterity, and cognitive disabilities. Although it went into effect June 24, 2024, public institutions should refer to their state or local government for their applicable compliance date, as it is population-dependent.

 

Exemption from Overtime Pay

Overtime Exemption: This update to the Fair Labor Standards Act overtime pay exemption scheduled to go into effect July 1, 2024, may be waylaid by a lawsuit. If it survives, the salary threshold will be pushed to $43,888 for administrative, executive, and professional employees and $132,964 for highly compensated employees until January 1, 2025. Thereafter the salary threshold will increase to $68,656 for administrative, executive, and professional employees and $151,164 for highly compensated employees until July 1, 2027, when the threshold will be adjusted. It will automatically be adjusted every three years thereafter.

 

Financial Value Transparency and Gainful Employment

Financial Value Transparency and Gainful Employment: These rules establish a debt-to-earning rate and an earnings premium test; reporting requirements for student data; and reporting requirements for and Gainful Employment and Non-Gainful Employment programs. Compliance with the reporting deadline has been pushed back to October 1, 2024.

 

Financial Responsibility, Administrative Capability and Certification Procedures

Financial Responsibility, Administrative Capability, Certification Procedures, and Ability to Benefit: These updates define mandatory triggering events and conditions that automatically make posting financial protection obligatory. They also define discretionary triggering events and conditions and grant the Secretary flexibility in responding to them.

 

Other provisions of the update require institutions to disburse funds promptly, prohibit the use of federal student aid for career training programs that are longer than what the state requires for certification or licensure, prohibit misrepresentation and aggressive recruitment, set revenue requirements for Gainful Employment programs, require institutions that operate through distance education to abide by state laws related to closure, and mandate that a program’s clinical or externship requirements be provided in a geographically accessible location.

 

Also, under this update, institutions must provide an official transcript that includes all the credits or equivalent clock hours earned during payment periods in which a student received Title IV funds and for which all institutional charges were paid at the time of the request.

 

The update to the Ability to Benefit rule establishes a definition, approval process, and requirements, for eligible career pathway programs (ECPP). It also spells out the conditions under which students who do not have a high school diploma can become eligible to use federal financial aid. These rules go into effect July 1, 2024.

 

Title IX

The Department of Education’s (Department) update to Title IX rule faces several lawsuits. Temporary injunctions issued by federal judges in Louisiana and Kentucky have blocked enforcement of Title IX in ten states. The Biden administration says it will appeal. 

 

The lawsuits challenge the expansion of the statute’s definition of sex discrimination to include gender identity. Although the Department indicated the rule does not apply to sports, and has proposed a separate Title IX athletics rule, the possibility of it being used to permit transgender women to participate in women’s sports remains a flashpoint. 

 

Although federal law generally preempts state law, in a letter to President Biden, Texas Governor Abbot stated Texas would not be adhering to the Title IX update. Administrators of the state’s public institutions were also informed that they should not comply—making it almost certain that they will run afoul of either the state or the federal government.

 

To aid institutions in drafting compliant policies and procedures, the Department published a press release, an overview, a fact sheet, and a resource guide. The rule is scheduled to go into effect August 1, 2024.

 

Saving on a Valuable Education (SAVE) Plan

Federal judges in Missouri and Kansas temporarily blocked provisions of the Saving on a Valuable Education (SAVE) plan, the income-driven repayment plan that succeeded the Pay as You Earn (REPAYE) plan. Two lawsuits: one filed in Missouri by attorneys general of the states of Arkansas, Florida, Georgia, North Dakota, Missouri, Ohio, and Oklahoma and the other filed in Kansas by Alabama, Alaska, Idaho, Iowa, Kansas, Louisiana, Montana, Nebraska, South Carolina, and Texas challenged different provisions of the SAVE plan.

 

In the lawsuit filed in Missouri, plaintiffs ask the court to block implementation of the SAVE plan based on claims that the Department exceeded its authority and violated the Administrative Procedures Act. Judge John Ross halted any new debt cancellation that might occur through the plan while the case is being heard.

 

In the lawsuit initially brought by Alabama, Alaska, Idaho, Iowa, Kansas, Louisiana, Montana, Nebraska, South Carolina, Texas, and Utah, Judge Daniel Crabtree determined only Alaska, South Carolina, and Texas had standing. The other states were dropped from the lawsuit. The judge blocked the Department from reducing payments from 10% of discretionary income down to 5%. Other provisions, including the SAVE plan’s lid on interest accrual, are unaffected by the rulings and will go into effect as scheduled. Secretary Cardona issued a statement in defense of the plan. The injunctions will stay in place until the cases are decided.

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■The Department of Labor is facing several lawsuits challenging recent changes to the overtime rule. Primarily at issue is the minimum salary requirement which plaintiffs say violates the Fair Labor Standards Act. Critics have also questioned Acting Labor Secretary Julie Su’s authority to impose the rule while her appointment remains unconfirmed. Barring a nationwide injunction, the regulations go into effect July 1 2024.

 

■A lawyer representing the state of Florida in a challenge to the beleaguered Stop Woke Act, argued that the state can control faculty speech at public institutions. The assertion that the state can prohibit professors from criticizing the governor alarmed higher education experts who say such power would effectively end academic freedom. The courts have blocked the state from enforcing the rule during the appeal process. If upheld, the legislation would apply to Florida A&M University, the state’s only public HBCU.

 

■Louisiana Governor Jeff Landry signed legislation that mandates all classrooms at public institutions display the Ten Commandments, effective January 1, 2025. Donations will be used to cover the cost of the posters whose size and content are specified in the statute. Grambling State University, a public HBCU, would be subject to the rule.

 

■The Department’s Office of Civil Rights (OCR) investigation into a complaint that Lafayette College failed to respond to harassment of Jewish students ended with a resolution agreement that First Amendment advocates say will have a chilling effect on free speech. OCR found that the institution did not address allegations of harassment that occurred on social media that did not contain direct threats. This, OCR determined, was a failure to uphold the obligation to redress a hostile environment under Title VI.

 

■The National Council for State Authorization Reciprocity Agreements (NC-SARA) called on participating institutions to weigh-in with the Department against proposed regulations governing state reciprocity agreements. Although negotiators considered the issue during recent rulemaking, they failed to reach consensus. NC-SARA and other stakeholders fear the Department may impose regulations that undermine current agreements and increase administrative burden.

 

■OpenAi plans to launch ChatGPT Edu, a version of the chatbot that can be used for tutoring, grant writing, and document sharing. A key feature will be the ability to create and use private personalized models not used for training. OpenAi worked with several universities and plans to the chatbot launch this summer.

 

■A bill to create a Black-Serving Institution designation for colleges and universities in California passed the state senate.The bill would award a five-year designation to institutions that meet enrollment requirements and provide programs and support for Black students.

 

■The Department of Education appointed Jeremy Singer Executive Advisor for the office of Federal Student Aid. Secretary Miguel Cardona also released details of a plan to conduct a comprehensive review of contracts and vendors and mobilize an internal team of engineers, managers, and technology experts.

 

■The Wesley Peachtree Institute released a report that found that, as a group, HBCUs invest a greater percentage of their revenue into instruction than comparable non-HBCU institutions. The report summarizes the background, methodology, and findings and its implications for higher education policy.

 

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■The National Student Clearinghouse Research Center’s (NSCRC) latest report shows higher education enrollment continued to rise during this spring. Undergraduate enrollment, largely driven by increases in graduate and community college students, was up 2.5 percent year-over-year. HBCUs collectively had a 3.5 percent increase in enrollment for the period—with some institutions breaking previous records. The NSCRC dashboard now includes a category for HBCUs.

 

■Secretary Cardona, who recently testified before a Senate Appropriations Subcommittee, released a statement providing details that support President Biden’s budget request for the Department and clarify the Department’s priorities.

 

■A recent report shows that, despite media focus on financial problems, layoffs, benefit reductions, closures, mergers, and program cuts, institutions have added thousands of new programs since 2002. The Chronicle of Higher Education examined data from 2,000 institutions and found neither bachelor degree programs offered nor completion-rates had declined over the past 20 years.

 

■Dr. Quinton T. Ross, Jr., president of Alabama State University (ASU), announced the formation of a partnership with Neuberger Berman, a private equity firm. The Wall Street firm will manage ASU’s $125,000,000 endowment. Under the agreement, ASU students will have access to Neuberger Berman’s internship programs.

 

■The Title IX rule, which goes into effect August 1, 2024, has been blocked in six more states, bringing the total to 10. The Department also faces seven lawsuits filed by state attorneys general in 26 states challenging the rule. Experts say it is unlikely any of the court cases will be resolved before the August deadline for compliance. This puts pressure on institutions, particularly public institutions, in states that are challenging the rule.

 

■The Department announced borrowers who are incarcerated can exit default by consolidating their loans. The initiative will help incarcerated students improve their credit and access income-driven repayment plans—like the Saving on a Valuable Education (SAVE) Plan. Borrowers who consolidate their loans before September 30, 2025, will be eligible to sign up for Fresh Start.

 

■Delaware State University and Southern University and A&M College have partnered with Getty Images to manage their photo archives. Getty Images’ Historically Black Colleges & Universities (HBCUs) Collection program boasts that 100% of licensing fees go to support HBCUs: 50% going directly to the HBCU; 30% used to support scholarships for HBCU students via UNCF; and the remaining 20% reinvested in the Getting Images Photo Archives Grants.

 

■US District Judge William Alsup gave the Department additional time to complete the automatic discharges mandated by the settlement in Sweet v. Cardona, a lawsuit inherited from the Trump administration. The Department now has until the end of August to comply.

 

■According to a recent report from the American Association of Collegiate Registrars and Admissions Officers credit for prior learning (CPL) initiatives face several hurdles including costs, manpower, reciprocity, and lack of awareness. The Center for Higher Education Policy and Practice also released a report on this issue.

 

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■The University of North Carolina Board of Governors made several changes to the leadership of HBCUs in the system. The board elected Dr. James R. Martin II, chancellor of North Carolina A&T State University.  He is currently serving as vice chancellor of STEM Innovation and Research at the University of Pittsburgh. He takes the reins from Dr. Harold Martin, Sr. who is retiring after 15 years at the helm of his alma mater. The board elected Dr. Bonita J. Brown chancellor of Winston-Salem State University. Dr. Brown hails from Northern Kentucky University where she served as interim president. The board also elected Dr. Karrie Dixon chancellor of North Carolina Central University. Dr. Dixon is currently chancellor of Elizabeth City State University. Dr. Catherine Edmonds will serve as interim chancellor for Elizabeth City State University. She is currently chief of staff for North Carolina Central University.

 

■Tuskegee University Board of Trustees named Dr. Mark Brown president and chief executive officer. He is the first alumnus to serve in that capacity. A retired Air Force major general, he takes the reins from Dr. Charlotte P. Morris who is retiring.

 

■Talladega College named Dr. Edward L. Hill, Jr., interim president. Dr. Hill most recently served as associate provost and dean of life long and professional development. He takes the reins from Dr. Gregory J. Vincent, who resigned--leaving academia to resume the practice of law.

 

■Dr. Jaffus Hardrick has resigned his position as president of Florida Memorial University due to health concerns. The chairman of Florida Memorial University Board of Trustees, William C. McCormick, will serve as acting president until an interim president can be appointed. In 2022, the board awarded Dr. Hardrick a five-year extension to his contract.

 

■The Morris College Board of Trustees named Dr. Said Sewell president. Dr. Sewell previously served as vice president for student affairs at Morehouse College and provost and senior vice president for academic affairs at Lincoln University (MO). He succeeds Dr. Leroy Staggers.

 

■Texas Southern University Board of Regents named Vice Admiral Jame W. Crawford III as president. He is an experienced higher education administrator and a retired judge advocate general of the US Navy. He takes the reins from Interim President Dr. Mary Evans Sias.

 

■Virginia Union University named Dr. Davis Caruth vice president of institutional effectiveness. An experienced leader, Dr. Caruth previously served as chief analytics officer for EC Fennell PA Engineering Consultants.

 

■Howard University announced Dr. Sonya Smith has been appointed executive director of the Research Institute for Tactical Autonomy. The institute is one of 15 University Affiliated Research Centers established by the US Department of Defense. Dr. Smith is a professor and director of the College of Engineering and Architecture’s atmospheric sciences program.

 

■Voorhees University named Dr. Angela W. Peters provost and vice president of academic affairs. Dr. Peters hails from Albany State University where she served as chief academic officer and provost and vice president of academic affairs.

 

■Florida A&M University announced Vice President for University Advancement Dr. Shawnta Friday-Stroud has resigned and will resume service as dean of the School of Business and Industry. Dr. Donald Palm, executive vice present/chief operating officer will serve as interim vice president for university advancement.

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■Governor Tate Reeves signed legislation that allocated funds to three state HBCUs through the Mississippi Institutions of Higher Learning. Jackson State University will receive $23,000,000 for repairs, renovations, and expansion to buildings and facilities. Alcorn State University will receive $8,311,736 for repairs, renovations, and expansion for the Dave L. Whitney Complex. Mississippi State University will receive $13,284,608 to repair, renovate, and equip the College of Architecture.

 

■The A. James & Alice B. Clark Foundation donated $10,000,000 to North Carolina A&T State University College of Engineering to support engineering students. The award will be used to provide Clark Legacy Endowed Scholarships for first-time, first-year students and Pathways Scholarships for transfer students. A portion of the donation will be used to support experiential learning initiatives.

 

■Tech giant, Cisco Systems’ donation to North Carolina Central University will be used to make upgrades to the institution's network infrastructure. Valued at $9,400,000, the two-year award includes equipment, technical services and security tools.

 

■Howard University College of Engineering and Architecture announced it received a $5,000,000 unrestricted gift from Autodesk, a pioneer and industry leader in computer assisted design. The gift will be used to support the college’s state-of-the-art Design and Make lab.

 

■The State of Arkansas awarded a $2,000,000 grant to the University of Arkansas at Pine Bluff to move forward with renovations to the historic Hazzard Building.

 

■The Jack Kent Cooke Foundation donated $1,000,000 to Jackson State University to establish an endowed scholarship fund for high achieving students who have financial need. 

 

■The Partnership for Education Advancement awarded a $583,920 grant to South Carolina State University to support the institution’s student success and retention initiatives.

 

■Professors Nina Lyon-Bennett and Kimberly Davis of the University of Arkansas at Pine Bluff and Professor Nina Crutchfield of Arkansas State University won a three-year $300,000 USDA National Institute of Food and Agriculture Capacity Building Grant for 1890 Institutions. The funds will be used for their project,  Creating a New Pathway for Increasing the Presence of African American Teachers in Ag Teacher Education Programs.

 

■Dr. Jeanelle Hope, director and associate professor of African American Studies at Prairie View A&M University, received a $150,000 grant from the National Endowment for the Humanities. The award will fund a two-year project aimed at providing curriculum development and faculty support for the African American Studies program.

 

■Paine College alumni, friends, administrators, and the media attended the official presentation of major gifts. The affair was held in the Candler Memorial Library. Many of the donations were gifts from individual alumni.

 

■Wiley University was the only HBCU to receive a $30,000 grant from Interfaith America. The Advancing Religious Pluralism Grant will be used to fund a speaker series, support a spring break interfaith program, and establish an interfaith emissaries initiative.

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■The Higher Education Leadership Foundation named Oakwood University President Leslie Pollard as a recipient of the Dr. Dorothy C. Yancy Vanguard Award. The award, which recognizes HBCU presidents for their leadership, was bestowed during the Omicron Summer Institute at Wiley University.

 

■The American Cancer Society (ACS) bestowed the Fredda Bryan National Diversity, Equity, and Inclusion Award to Dr. Angelo Moore. Dr. Moore is the executive director of the Center of Excellence for Integrative Health Disparities at North Carolina A&T State University. The award recognizes the impact ACS’s volunteers have on patients battling cancer.

 

■Jarvis Christian University Board of Trustees granted former president Dr. Lester C. Newman emeritus status to honor him for his contributions to the institution’s success and growth. Dr. Newman served as president for nearly a decade. The trustees also named Mr. Torry Edwards chair emeritus in recognition of his many years of service and dedication.

 

■Jackson State University Professor Dr. Jennifer K. Young Wallace was elected president of the Association of Teacher Educators. She is the first HBCU alumna and faculty member to serve as president of the organization. Her tenure begins in March 2025.

 

■The American Council on Education launched a commission for faith-based colleges and universities. The commission’s objective is to increase acknowledgment of the contributions of faith-based institutions and promote collaboration with nonreligious institutions. Three HBCU presidents have been appointed to the commission’s inaugural executive committee: Dr. Dwaun J. Warmack, president of Claflin University, Dr. Leslie Pollard, president of Oakwood University, and Dr. Rochelle Ford, president of Dillard University.

 

■The Atlanta University Consortium hosted Dr. William Samoei Ruto, president of the Republic of Kenya during his visit to the United States. In a ceremony held at Spelman College, Dr. Ruto signed a memorandum of understanding with HBCU presidents from Clark Atlanta University, Morehouse College, Spelman College, and Howard University. Leaders from Microsoft, Mastercard’s Center for Inclusive Growth and US Agency for International Development (USAID) were also signatories of the agreement. The initiative aims to promote STEM education, increase collaborative research, and cultivate student and faculty exchange programs with Kenyan institutions. USAID announced it will provide $850,000 to support the initiative. Microsoft pledged to support HBCU and Kenyan students at its research institute in Nairobi and to work with data science faculty at HBCUs.

 

■The Thurgood Marshall College fund added Denmark Technical College to its roster of members. Established in 1947, the two-year college awards associate degrees, diplomas, and certificates in a broad range of technical, industrial, and healthcare programs.

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■Clark Atlanta University announced the reinstatement of its music education major. The program was paused in 2005. The program will prepare students for careers as music educators and includes theory, practice, and access to modern facilities, mentors, and experiential learning opportunities.

 

■Talladega College received accreditation for its education preparation program from the Council for the Accreditation of Educator Preparation (CAEP), a national accreditation organization. CAEP is the only national accreditor for educator preparation programs recognized by the Council for Higher Education Accreditation. From its inception, the program has been accredited by the State of Alabama.

 

■Delaware State University established a new department to support online students. The Office of Online Advisement and Student Success’ inaugural staff includes a graduate professional adviser, online undergraduate adviser, and online success coaches. Ms. Charmaine A. Whyte serves as director.

 

■Miles College has launched Milestone, an online venue that provides student access to a wide range of non-credit courses, certificates, and credentials. The initiative leverages relationships with Acadeum, MedCerts, Coursera, the Council of Independent Colleges, the League for Innovation in the Community College, and the Southern Regional Education Board's HBCU-MSI Course-Sharing Consortium.

 

■Meharry Medical College and the US Department of Health and Human Services signed an agreement to coordinate efforts to prioritize development of employment and educational opportunities at the federal agency. Under the agreement the agency and the college will work to develop internships, training, mentoring, and opportunities for shadowing, and eventual employment.

 

■Florida A&M University announced its Master of Health Administration program has been reaccredited for seven years by the Commission on Accreditation of Healthcare Management Education Board of Directors.

 

■The Atlanta University Center Consortium Center for Excellence in Government and Public Service entered into an agreement with the US Department of Health and Human Services (HHS) to create career opportunities at the agency. The center has established key partnerships with several civic and federal agencies.

 

■Howard University Center for Journalism and Democracy held its first Du Bois Data Lab, a program to prepare students for careers in investigative journalism. The program was a collaboration between the center and City University of New York Craig Newmark Graduate School of Journalism. The center will hold a Summer Data Institute for working journalists in July.

 

■A new regulation in Colorado will require each public institution of higher education to submit an annual report detailing acceptance or rejection of transfer credits. The law is intended to help students make decisions that maximize retention of credits when transferring. It is believed it will improve completion rates and economic mobility.

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Contact agencies or call 404-874-0555 to schedule a consultation with Strategic Financial Aid Management. 

■Federal Student Aid (FSA) published details of the Incarcerated Student Report, which lists Pell Grant recipients who have been flagged as confined or incarcerated without a reported release date in the National Student Loan Data System (NSLDS). Institutions can use this data to aid in the fulfillment the Pell Incarcerated Student Spreadsheet Submittal reporting requirement.

 

■FFSA released the NSLDS Transfer Student Monitoring & Financial Aid History User Guide and Record Layouts. This version (June 2024) replaces the one released in November 2023 and includes step-by-step instructions and detailed information.

 

■The reporting deadline for compliance with Financial Value Transparency and Gainful Employment regulations has been extended to October 1, 2024.

 

■The FSA published an electronic announcement regarding implementation of the gainful employment funding metric requirements as they relate to financial responsibility, administrative capability, certification procedures, and the ability to benefit rules. The rules go into effect on July 1, 2024. The announcement explains the methods and data the Department will use to determine compliance with each regulation.

 

■FSA provided information clarifying the maximum program length for certain Gainful Employment programs, the Ability to Benefit rule, and program licensure and certification requirements. Additional guidance on program length restrictions for Gainful Employment programs and instructions for institutions that are required to reduce the number of hours in their Gainful Employment programs is also available.

 

■FSA provided detailed instructions on the procedure to follow when enrolling a Student Aid Internet Gateway (SAIG) TG Mailbox for NSLDS Financial Value Transparency and Gainful Employment (FVT/GE) reporting. Enrolling for FVT/GE reporting enables institutions to report FVT/GE program and student information to NSLDS via batch beginning July 1, 2024.

 

■The Department published a reminder regarding required attestations for regular and short-term programs. The notice included information on the applicability and enforcement of recently enacted regulations.

 

■Note that for purposes of complying with the Gramm-Leach-Bliley Act’s cybersecurity provisions, the Department FSA are not considered service providers or vendors to institutions.

 

■The Direct Loan closeout deadline for the 2022-2023 program year is July 31, 2024. All data must be received and accepted by this date to be included in the final ending cash balance.

 

■Tentative funding levels and corresponding worksheets for the Federal Work-Study Program and the Federal Supplemental Educational Opportunity Grant Program for the 2024–2025 award year are posted on the COD website.

 

■An updated Federal Perkins Loan Assignment and Liquidation Guide and other resources for Campus-Based Programs are available on the Campus-Based Processing Information page.

 

■FSA announced the Common Origination and Disbursement (COD) will be updated on June 30, 2024. COD batch processing will be suspended from midnight until 11 am. Records submitted during this time will not be processed and website functionality will be limited. The COD System will accept submissions, process data, and send back responses and acknowledgments on the Independence Day holiday. However, requests for funds and changes in funding levels will not be processed until July 5, 2024.

 

■FSA announced Volume 3 (the academic calendar, payment period, and disbursement requirements, cost of attendance) and Volume 6  (Federal Work-Study Program, Federal Supplemental Educational Grant Program, and the Federal Perkins Loan Program) of the 2024-2025 Federal Student Aid Handbook are available. An update to the 2024–2025 COD Technical Reference is also available. Volume 2 (FVT/GE Batch Program Submittal Reporting) and Volume 3 (FVT/GE Completers List) of the NSLDS FVT/GE User Guide are available as well.

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Event: UNITE 2024 UNCF Summit for Black Higher Education

Date: July 28-August 1, 2024

Location:Atlanta, GA

Information: Details

 

 

Event: 5th Annual Black Women's Leadership Conference

Date: August 20, 2024

Location: Madison, WI

Information: Registration

 

 

Event: Agenda at a Glance - HBCU Research

Date: September 9-11, 2024

Location: Baltimore, MD

Information: Agenda

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