The US Department of Education (ED) has stopped posting up-to-date Freedom of Information (FOIA) logs. These logs had been posted and updated from 2011 to September 2024 to improve transparency and accountability to the agency. We have reached out ED for a statement. We are also awaiting for a number of information requests, some of which have taken more than 18 months for substantive replies.
With the US Department of Education firing 85 of an estimated 95 lawyers in General Counsel, subprime colleges and online program managers will have a field day. According to one industry expert, it could be "like the Wild West," with no oversight over the buying and selling of schools. And that also means that the College Meltdown could get worse even faster than we imagined. The Higher Education Inquirer is already monitoring a number of potential sales, including the University of Phoenix. We are also expecting a number of schools to be insolvent in 2025, leaving students in a lurch, with little or no warning.
Although President Donald J. Trump last month signed an executive order directing Secretary of Education Linda McMahon “to the maximum extent appropriate and permitted by law, take all necessary steps to facilitate the closure of the Department of Education,” and although DOGE efforts and layoffs have cut the Department staff by half, the Department announced today that it will embark on an extensive round of meetings to draft new regulations governing student financial aid.
Unlike most federal agencies, the Department is generally required to engage in an elaborate process called negotiated rulemaking before it can issue or cancel regulations. This has meant — on issues from campus sexual assault to performance standards guarding against predatory college abuses — years of public hearings, formal convenings of rulemaking panels, written public comments and meetings on draft regulations, and more. It also has produced a decades-long ping pong match of final regulations made by one party and overwritten by the other, from the Obama to Trump I to Biden, followed by years of court challenges.
The first Trump administration staffed its higher education jobs with former executives of predatory for-profit colleges, and they eliminated both regulations and enforcement efforts aimed at protecting students and holding predatory schools accountable.
Today’s notice, signed by James P. Bergeron, Acting Under Secretary of Education, says the first round of Trump II negotiated rulemaking will likely include consideration of Public Service Loan Forgiveness and other loan repayment programs “or other topics that would streamline current federal student financial assistance programs.”
Other language in the notice suggests the Department may go deep, perhaps working to cancel the Biden rules creating performance standards for for-profit and career college programs (the gainful employment rule) and providing debt relief for students scammed by their colleges and government recoupment of funds from dishonest schools (the borrower defense rule). The notice opines that current regulations “may be inhibiting innovation and contributing to rising college costs” and that it wants to “streamline” the rules “while maintaining or improving program integrity and institutional quality.” “Innovation,” while a great thing for education when it can really happen, has been a buzzword used by the for-profit college industry to fight against rules aimed at protecting against predatory programs. Gutting the Biden rules would increase the vulnerability of both students and taxpayers to billions in waste, fraud, and abuse from deceptive, poor quality schools — even though the stated purpose of DOGE is to halt government excess.
When pro-student Democratic members of the House of Representatives held a press conference outside the Department headquarters yesterday after they met with McMahon to discuss such concerns, she followed them. But she quickly fled when Rep. Mark Takano (D-CA) asked her when she would shut down the building.
The Department’s rulemaking process begins with public hearings on April 29 and May 1, the first in-person at Department headquarters and the second online. Advocates for students and taxpayers should register to speak and show up to make their voices heard.
Today, the U.S. Department of Education revoked waivers to California and Oregon colleges and universities that are using federal funds to provide services to illegal aliens under the Performance Partnership Pilots for Disconnected Youth (P3). The mission of the P3 Program is to allow states and localities to integrate program funding across federal agencies to improve the systems serving disconnected youth, not provide entitlements to illegal immigrants. Through P3 waivers approved during the Biden Administration, colleges and universities diverted taxpayer-funded TRIO program services meant for low-income students, first generation college students, and individuals with disabilities to illegal immigrants.
“American taxpayer dollars will no longer be used to subsidize illegal immigrants through Department of Education programs,” said Acting Under Secretary James Bergeron. “The TRIO Program was designed to provide support and guidance to disadvantaged Americans as they navigate the road to and through postsecondary education. The Department will not allow the true purpose of the program to be corrupted to advance an American-last agenda.”
The U.S. Department of Education sent notices to the impacted colleges and universities through the California Higher Education Collaborative and Oregon Higher Education Coordinating Commission today.
Background:
The Consolidated Appropriation Act of 2014 created the Performance Partnership Pilots for Disconnected Youth (P3), which authorizes states to enter into pilots to use funding from across multiple federal discretionary programs to support efforts to improve the systems serving America’s youth and their outcomes.
Under the Biden Administration, the Department approved a P3 waiver allowing illegal immigrants to receive TRIO Program services. The TRIO Programs are federal student aid programs authorized under Title IV of the Higher Education Act designed to identify and provide additional academic and career services for individuals from disadvantaged backgrounds. TRIO includes eight programs targeted to serve and assist low-income individuals, first-generation college students, and individuals with disabilities through the academic pipeline from middle school to postbaccalaureate programs.
California’s waiver began in November 2022 and was set to expire in September 2026.
Oregon’s waiver began in October 2023 and was set to expire in in September 2027.
On April 8, 2025, US Secretary of Education Linda McMahon will give a fireside chat at ASU+GSV, an edtech conference held in San Diego, California.
President Trump has tasked McMahon with dismantling the federal agency that oversees federally funded K-12 and higher education programs. In less than two weeks she has done just that.
Half of ED's staff have already been fired or taken a payout, and the $1.7T student loan portfolio is likely to be transferred to the US Treasury.
There is no word yet on whether there will be demonstrators at the conference, but we expect some form of vocal nonviolent resistance. AFT President Randi Weingarten is also scheduled to appear.
U.S. Department of Education’s Office for Civil Rights Sends Letters to 60 Universities Under Investigation for Antisemitic Discrimination and Harassment
Letters warn of potential enforcement actions if institutions do not fulfill their obligations under Title VI of the Civil Rights Act to protect Jewish students on campus.
March 10, 2025
WASHINGTON – Today, the U.S. Department of Education’s Office for Civil Rights (OCR) sent letters to 60 institutions of higher education warning them of potential enforcement actions if they do not fulfill their obligations under Title VI of the Civil Rights Act to protect Jewish students on campus, including uninterrupted access to campus facilities and educational opportunities. The letters are addressed to all U.S. universities that are presently under investigation for Title VI violations relating to antisemitic harassment and discrimination.
“The Department is deeply disappointed that Jewish students studying on elite U.S. campuses continue to fear for their safety amid the relentless antisemitic eruptions that have severely disrupted campus life for more than a year. University leaders must do better,” said Secretary of Education Linda McMahon. “U.S. colleges and universities benefit from enormous public investments funded by U.S. taxpayers. That support is a privilege and it is contingent on scrupulous adherence to federal antidiscrimination laws.”
The schools that received letters from the Office for Civil Rights include:
Background:
The Department’s OCR sent these letters under its authority to enforce Title VI of the Civil Rights Act (1964), which prohibits any institution that receives federal funds from discriminating on the basis of race, color, and national origin. National origin includes shared (Jewish) ancestry.
Pursuant to Title VI and in furtherance of President Trump’s Executive Order “Additional Measures to Combat Antisemitism,” the Department launched directed investigations into five universities where widespread antisemitic harassment has been reported. The 55 additional universities are under investigation or monitoring in response to complaints filed with OCR. Last week, the Department, alongside fellow members of the Joint Task Force to Combat Antisemitism including the Department of Justice, the Department of Health and Human Services, and the U.S. General Services Administration, announced the immediate cancelation of $400 million in federal grants and contracts to Columbia University due to the school’s continued inaction to protect Jewish students from discrimination. Last Friday, OCR directed its enforcement staff to make resolving the backlog of complaints alleging antisemitic violence and harassment, many which were allowed to languish unresolved under the previous administration, an immediate priority.
According to our sources at the US Department of Education, the number of personnel in its Office of Inspector General (OIG) is down approximately 14 percent from January 1, 2025. The number of workers there could be further reduced as President Trump issues his austerity budget. The current loses at ED-OIG include retirements, those who have chosen to be part of the deferred resignation program, and those who left the organization for positions elsewhere. While this cutting may reduce personnel costs, what will happen with less OIG workers to oversee the proper use of federal funds? Will this embolden bad actors, including predatory schools and debt servicers? We're guessing it does.
This graphic is part of an email from a US Department of Education official who was recently fired without good cause. Our experiences with this dedicated public servant were always excellent, something we cannot say about others in the DC crowd. The graphic displays a number of important measures that have been enacted by ED-FSA (Federal Student Aid) over the last six years--and one giant failure, general debt relief for more than 30 million citizens. We wish the best for those Department of Education workers who remain, and who may see their jobs made more difficult, privatized, or moved to other agencies. The work cannot be easy for anyone--especially those who care about the folks they serve--the consumers and their families who are less likely to receive justice in the coming months and years.
Related link:
Department of Education contract cuts spur ‘chaos and confusion’ (The Hill)
The Department of Education’s History Shows It is Essential (Time)What happens now with the US Department of Education now that Elon Musk claims that it no longer exists? It's hard to know yet, and even more difficult after removing career government workers that we have known for years.
We are saddened to hear of contacts we know who have been fired: hard working and capable people, in an agency that has been chronically understaffed and politicized.
We also worry for the hundreds of thousands of student loan debtors who have borrower defense to repayment claims against schools that systematically defrauded them--and have not yet received justice.
And what about all those FAFSA (financial aid) forms for students starting and continuing their schooling? How will they be processed in a timely manner?
Without funding and oversight, the Department of Education looks nearly dead. But with millions of poor and disabled children relying on Title I funding and IDEA and tens of millions more with federal student student loans, it's hard to imagine those functions disappearing for good.
Let's see how much slack is taken up by private enterprise and religious nonprofits who may benefit from the pain. With student loans, much of the work has already been contracted out. It would not be out of the question for the student loan portfolio to be sold off to corporations who could profit from it. And that may or may not require Congressional approval.
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The U.S. Department of Education has announced a team of senior-level political appointees who will support the implementation of President Trump’s America First agenda.
The Trump Administration, by Executive Order, has already required colleges and universities to eliminate diversity, equity and inclusion measures and schools are scrambling to be compliant with this new federal policy. New policies may also affect grants from the Department of Health and Human Services, which includes the Food and Drug Administration, the Centers for Disease Control and Prevention, and the National Institutes of Health.
Notable actions the Department of Education has already taken include:
At least four appointees to the Department of Education, as well as including incoming Secretary of Education Linda McMahon, have worked at the America First Policy Institute (AFPI). AFPI's higher education proposals are posted here and noted at the bottom of this article. AFPI has been accused of using dark money to prevent student loan forgiveness and its rhetoric clearly advances this agenda.
Rachel Oglesby – Chief of Staff
Rachel Oglesby most recently served as America First Policy Institute's Chief State Action Officer & Director, Center for the American Worker. In this role, she worked to advance policies that promote worker freedom, create opportunities outside of a four-year college degree, and provide workers with the necessary skills to succeed in the modern economy, as well as leading all of AFPI’s state policy development and advocacy work. She previously worked as Chief of Policy and Deputy Chief of Staff for Governor Kristi Noem in South Dakota, overseeing the implementation of the Governor’s pro-freedom agenda across all policy areas and state government agencies. Oglesby holds a master’s degree in public policy from George Mason University and earned her bachelor’s degree in philosophy from Wake Forest University.
Jonathan Pidluzny – Deputy Chief of Staff for Policy and Programs
Jonathan Pidluzny most recently served as Director of the Higher Education Reform Initiative at the America First Policy Institute. Prior to that, he was Vice President of Academic Affairs at the American Council of Trustees and Alumni, where his work focused on academic freedom and general education. Jonathan began his career in higher education teaching political science at Morehead State University, where he was an associate professor, program coordinator, and faculty regent from 2017-2019. He received his Ph.D from Boston College and holds a bachelor’s degree and master’s degree from the University of Alberta.
Chase Forrester – Deputy Chief of Staff for Operations
Virginia “Chase” Forrester most recently served as the Chief Events Officer at America First Policy Institute, where she oversaw the planning and execution of 80+ high-profile events annually for AFPI’s 22 policy centers, featuring former Cabinet Officials and other distinguished speakers. Chase previously served as Operations Manager on the Trump-Pence 2020 presidential campaign, where she spearheaded all event operations for the Vice President of the United States and the Second Family. Chase worked for the National Republican Senatorial Committee during the Senate run-off races in Georgia and as a fundraiser for Members of Congress. Chase graduated from Clemson University with a bachelor’s degree in political science and a double-minor in Spanish and legal studies.
Steve Warzoha – White House Liaison
Steve Warzoha joins the U.S. Department of Education after most recently serving on the Trump-Vance Transition Team. A native of Greenwich, CT, he is a former local legislator who served on the Education Committee and as Vice Chairman of both the Budget Overview and Transportation Committees. He is also an elected leader of the Greenwich Republican Town Committee. Steve has run and served in senior positions on numerous local, state, and federal campaigns. Steve comes from a family of educators and public servants and is a proud product of Greenwich Public Schools and an Eagle Scout.
Tom Wheeler – Principal Deputy General Counsel
Tom Wheeler’s prior federal service includes as the Acting Assistant Attorney General for Civil Rights at the U.S. Department of Justice, a Senior Advisor to the White House Federal Commission on School Safety, and as a Senior Advisor/Counsel to the Secretary of Education. He has also been asked to serve on many Boards and Commissions, including as Chair of the Hate Crimes Sub-Committee for the Federal Violent Crime Reduction Task Force, a member of the Department of Justice’s Regulatory Reform Task Force, and as an advisor to the White House Coronavirus Task Force, where he worked with the CDC and HHS to develop guidelines for the safe reopening of schools and guidelines for law enforcement and jails/prisons. Prior to rejoining the U.S. Department of Education, Tom was a partner at an AM-100 law firm, where he represented federal, state, and local public entities including educational institutions and law enforcement agencies in regulatory, administrative, trial, and appellate matters in local, state and federal venues. He is a frequent author and speaker in the areas of civil rights, free speech, and Constitutional issues, improving law enforcement, and school safety.
Craig Trainor – Deputy Assistant Secretary for Policy, Office for Civil Rights
Craig Trainor most recently served as Senior Special Counsel with the U.S. House of Representatives Committee on the Judiciary under Chairman Jim Jordan (R-OH), where Mr. Trainor investigated and conducted oversight of the U.S. Department of Justice, including its Civil Rights Division, the FBI, the Biden-Harris White House, and the Intelligence Community for civil rights and liberties abuses. He also worked as primary counsel on the House Judiciary’s Subcommittee on the Constitution and Limited Government’s investigation into the suppression of free speech and antisemitic harassment on college and university campuses, resulting in the House passing the Antisemitism Awareness Act of 2023. Previously, he served as Senior Litigation Counsel with the America First Policy Institute under former Florida Attorney General Pam Bondi, Of Counsel with the Fairness Center, and had his own civil rights and criminal defense law practice in New York City for over a decade. Upon graduating from the Catholic University of America, Columbus School of Law, he clerked for Chief Judge Frederick J. Scullin, Jr., U.S. District Court for the Northern District of New York. Mr. Trainor is admitted to practice law in the state of New York, the U.S. District Court for the Southern and Eastern Districts of New York, and the U.S. Supreme Court.
Madi Biedermann – Deputy Assistant Secretary, Office of Communications and Outreach
Madi Biedermann is an experienced education policy and communications professional with experience spanning both federal and state government and policy advocacy organizations. She most recently worked as the Chief Operating Officer at P2 Public Affairs. Prior to that, she served as an Assistant Secretary of Education for Governor Glenn Youngkin and worked as a Special Assistant and Presidential Management Fellow at the Office of Management and Budget in the first Trump Administration. Madi received her bachelor’s degree and master of public administration from the University of Southern California.
Candice Jackson – Deputy General Counsel
Candice Jackson returns to the U.S. Department of Education to serve as Deputy General Counsel. Candice served in the first Trump Administration as Acting Assistant Secretary for Civil Rights, and Deputy General Counsel, from 2017-2021. For the last few years, Candice has practiced law in Washington State and California and consulted with groups and individuals challenging the harmful effects of the concept of "gender identity" in laws and policies in schools, employment, and public accommodations. Candice is mom to girl-boy twins Madelyn and Zachary, age 11.
Joshua Kleinfeld – Deputy General Counsel
Joshua Kleinfeld is the Allison & Dorothy Rouse Professor of Law and Director of the Boyden Gray Center for the Study of the Administrative State at George Mason University’s Scalia School of Law. He writes and teaches about constitutional law, criminal law, and statutory interpretation, focusing in all fields on whether democratic ideals are realized in governmental practice. As a scholar and public intellectual, he has published work in the Harvard, Stanford, and University of Chicago Law Reviews, among other venues. As a practicing lawyer, he has clerked on the D.C. Circuit, Fourth Circuit, and Supreme Court of Israel, represented major corporations accused of billion-dollar wrongdoing, and, on a pro bono basis, represented children accused of homicide. As an academic, he was a tenured full professor at Northwestern Law School before lateraling to Scalia Law School. He holds a J.D. in law from Yale Law School, a Ph.D. in philosophy from the Goethe University of Frankfurt, and a B.A. in philosophy from Yale College.
Hannah Ruth Earl – Director, Center for Faith-Based and Neighborhood Partnerships
Hannah Ruth Earl is the former executive director of America’s Future, where she cultivated communities of freedom-minded young professionals and local leaders. She previously co-produced award-winning feature films as director of talent and creative development at the Moving Picture Institute. A native of Tennessee, she holds a master of arts in religion from Yale Divinity School.
AFPI Reform Priorities
AFPI's higher education priorities are to:
Reform America’s Dysfunctional Higher Education Accreditation System
Rethink Public Financing of Postsecondary Study to Encourage Competition and Accountability
Combat the Politicization of Higher Education and Encourage Viewpoint Diversity on U.S. Campuses
Related links:
Trump's Education Department dismantles DEI measures, suspends staff (USA Today)This is an opportunity for student loan debtors and their allies to voice their opinions about student loan debt relief. Tell them your stories and explain how this rule will help yourself and others. It can make a difference.
The Secretary of Education proposes to amend the regulations related to the Higher Education Act of 1965, as amended (HEA), to provide for the waiver of certain student loan debts.
The proposed regulations would specify the Secretary’s authority to waive all or part of any student loan debts owed to the Department based on the Secretary’s determination that a borrower has experienced or is experiencing hardship related to such a loan.
DATES: The Department of Education must receive your comments on or before December 2, 2024.
ADDRESSES: Comments must be submitted via the Federal eRulemaking Portal at Regulations.gov.
The specific page to make your comment is at https://www.regulations.gov/document/ED-2023-OPE-0123-32489. Once you get to that page, hit the comment button and make your comment. We suggest writing your comment out, then cutting and pasting it into the comment section.
Information on using Regulations.gov, including instructions for finding a rule on the site and submitting comments, is available on the site under ‘‘FAQ.’’ If you require an accommodation or cannot otherwise submit your comments via Regulations.gov, please contact regulationshelpdesk@gsa.gov or by phone at 1–866–498–2945.
After you submit your comment, you will receive a receipt like the one below.
