Linda McMahon’s Confirmation Hearing Held on February 13, 2025
The confirmation hearing for President Trump’s nominated Secretary of Education, Linda McMahon, was held by the Senate Committee on Health, Education, Labor, and Pensions (HELP) on February 13, 2025. Chairman of the HELP Committee Bill Cassidy, MD (R-LA) spoke about the Trump Administration’s efforts to eliminate the Department of Education. Ranking Member of the HELP Committee Bernie Sanders (I-VT) discussed the privatization of education in the United States and said that the Department was essential because it administers the Pell Grant and Direct Loan programs. Ms. McMahon has experience in working in Washington as she was the Director of the Small Business Administration (SBA) during President Trump’s first term. Ms. McMahon received questions on the Trump Administration’s plan to dismantle the Department and DOGE’s efforts to cut or cancel ED grants and contracts. President Trump said that she is to work her way out of a job.
Ms. McMahon is likely to be confirmed as the Secretary of Education.
Trump Administration Announces its Nominations for Positions at the Department of Education
On February 12, 2025, the Trump Administration announced the multiple leadership positions at the Department of Education. The nominations include:
- Nicholas Kent, Under Secretary of Education
- Jennifer Mascott, General Counsel
- Mary Riley, Assistant Secretary for Legislation and Congressional Affairs
- Kevin O’Farrell, Assistant Secretary for Career, Technical, and Adult Education
- Kimberley Richey, Assistant Secretary for Civil Rights
- Kirsten Baesler, Assistant Secretary for Elementary and Secondary Education
Nicholas Kent recently served as the Commonwealth of Virginia’s Deputy Secretary of Education. Previously, he served as Chief Policy Officer at Career Education Colleges and Universities (CECU), the trade association representing for-profit colleges. Mr. Kent’s appointment will require Senate approval.
President Trump Designates FSA COO Denise Carter as Acting Secretary of Education
On January 20, 2025, President Donald J. Trump issued an executive order designating Denise Carter, the current Federal Student Aid (FSA) Chief Operating Officer (COO), as the Acting Secretary of Education. She will serve in the role until the Senate confirms Linda McMahon to serve as the Secretary of Education. As COO of FSA, Ms. Carter had been tasked with implementing an overhaul of the office that oversees nearly $121 billion in federal student grants, loans, and work-study funds for nearly ten million students and was responsible for the launch of the 2025-2026 FAFSA following the departure of Richard Cordray.
ED Announces New Appointees for Trump Administration
On January 23, 2025, the Department of Education announced the incoming Trump-Vance senior-level political appointees who will support implementation of President Trump’s vision. Some of the positions include the following:
- Rachel Oglesby will serve as the Chief of Staff. She previously served as Director of the America First Policy Institute (AFPI). Prior to that position, she worked in various roles for the state of South Dakota, including serving as the Deputy Chief of Staff to South Dakota Governor Kristi Noem.
- Jonathan Pidluzny will serve as the Deputy Chief of Staff for Policy and Programs. He previously served as Director of AFPI. Prior to that position, he was the Vice President of Academic Affairs at the American Council of Trustees and Alumni, where he focused on academic freedom and general education.
- Tom Wheeler will serve as the Principal Deputy General Counsel. He previously served as the Acting Assistant Attorney General for Civil Rights at the Department of Justice.
- Craig Trainor will serve as the Deputy Assistant Secretary for Policy, Office for Civil Rights. He previously served as Senior Special Counsel with the House of Representatives Committee on the House Judiciary Committee under Chairman Jim Jordan (R-OH).
- Candice Jackson returns to the Department of Education as the Deputy General Counsel. She served in the first Trump Administration as Acting Assistant Secretary for Civil Rights, and Deputy General Counsel, from 2017-2021.
- Joshua Kleinfeld will also serve as the Deputy General Counsel. He was the Allison & Dorothy Rouse Professor of Law and Director of the Boyden Gray Center for the Study of the Administrative State at Goerge Mason University’s Scalia School of Law.
A copy of the press release is found at: https://www.ed.gov/about/news/press-release/us-department-of-education-announces-incoming-trump-vance-senior-appointees.
Trump Administration is Weighing Executive Actions to Dismantle the Department of Education
On February 4, 2025, several publications, including The Wall Street Journal, reported that Trump Administration officials are weighing executive actions to dismantle the Department of Education as part of the campaign to shrink the federal government. They are considering shutting down all functions of the agency that are not written explicitly into statute and/or moving certain functions to other agencies. Trump advisors are discussing an executive order that would call for developing a legislative proposal to abolish the Department of Education.
President Trump Fires Rohit Chopra, Director of CFPB; Acting Head Named
On January 31, 2025, President Trump fired Rohit Chopra as Director of the Consumer Financial Protection Bureau (CFPB), which was anticipated. Mr. Chopra was appointed as Director of the CFPB by President Joe Biden in 2021. Although the position holds a five-year term, the Supreme Court ruled in 2020 that the president has the authority to remove the director at any time. CFPB is an independent agency designed to protect consumers from corporate fraud and scams.
Russ Vought, newly confirmed Director of the Office of Management and Budget (OMB), was named acting Director of the CFPB. Mr. Vought immediately closed the CFPB for the week and told staff to work remotely. In an email to CFPB staff on February 8, 2025, Mr. Vought directed employees to refrain from issuing any proposed or formal rules, stop pending investigations and not open new investigations, halt all stakeholder engagements, and abstain from issuing public communications, among other things.
ED Issues DCL Clarifying the Nondiscrimination Obligations of Schools that Receive Federal Financial Assistance
On February 14, 2025, the Acting Assistant Secretary for Civil Rights Craig Trainor sent a Dear Colleague Letter (DCL) clarifying and reaffirming the nondiscrimination obligations of schools and other entities that receive federal financial assistance from the Department of Education. The letter explains existing legal requirements under Title VI of the Civil Rights Act of 1964, the Equal Protection Clause of the U.S. Constitution, and other relevant authorities.
The DCL described the Supreme Court’s 2023 decision in Students for Fair Admissions v. Harbard (SFFA), which clarified that the use of racial preferences in college admissions is unlawful. The DCL went on to say that while SFFA addressed admissions decisions, the Supreme Court’s holding applies more broadly. “Federal law thus prohibits covered entities from using race in decisions pertaining to admissions, hiring, promotion, compensation, financial aid, scholarship, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life. Put simply, educational institutions may neither separate or segregate students based on race, nor distribute benefits or burdens based on race.”
The DCL concludes that the Department will “vigorously enforce the law on equal terms as to all preschool, elementary, secondary, and postsecondary educational institutions, as well as state educational agencies, that receive financial assistance.” The Department intends to take appropriate measures to assess compliance with the applicable statutes and regulations beginning no later than 14 days from today’s date, including antidiscrimination requirements that are a condition of receiving federal funding.
A copy of the DCL is found at: https://www.ed.gov/media/document/dear-colleague-letter-sffa-v-harvard-109506.pdf.
FSA Announces that the Deadline for Evaluating the Completers’ Lists and Report Data Associated with FVT/GE is Extended Until September 30, 2025
On February 14, 2025, Federal Student Aid (FSA) issued an Electronic Announcement (GE-25-02) announcing that it was extending the deadline for evaluating Completers’ Lists and reporting data associated with Financial Value Transparency and Gainful Employment (FVT/GE) until September 30, 2025. The Department is extending the deadline to give more time to institutions that were unable to complete the reporting process for any reason by February 18, 2025, or wish to make corrections to previously submitted data to the Department.
A copy of the Electronic Announcement is found at: https://fsapartners.ed.gov/knowledge-center/library/electronic-announcements/2025-02-14/extension-completers-list-and-reporting-processes-financial-value-transparency-and-gainful-employment-until-september-30-2025#.
District Court Judge Grants Stay on Gainful Employment Regulations
A District Court Judge for the Northern District of Texas gave the Department of Education 90 days to file a response in the Gainful Employment lawsuits (AACS v. US Department of Education consolidated with Ogle School Management v. US Department of Education). If the stay had not been granted, the Department would have had to file its final brief by February 14, 2025, but the date is now May 16, 2025. When the Department of Justice filed a Consent Motion to stay proceedings on behalf of the Department of Education on February 10, 2025, the Department promised not to issue or post any GE metric calculations or initiate any measures against schools under the GE regulations during the next three months.
The Department stated in the Motion that the 90-day pause is necessary for incoming officials in the new Administration to familiarize themselves with the challenged regulations and potentially reevaluate them.
Supreme Court Agrees to Pause Briefings on Borrower Defense Case
On February 6, 2025, the Supreme Court agreed to pause briefings on a case involving a borrower defense rule that made it easier for student loan borrowers defrauded by their colleges to receive loan forgiveness. In January, the Trump Administration requested that the Supreme Court delay its review of the case so the new Administration could reassess the rule. In 2023, Career Colleges & Schools of Texas (CCST) sued the Biden Administration over the borrower defense rule, arguing that it allowed students to more easily engage in the borrower defense process. That same year, the 5th U.S. Circuit Court of Appeals ruled in favor of CCST, blocking the rule from taking effect nationwide. The lower court had ruled that the Department of Education cannot grant relief unless the borrower has defaulted on their loan and the government has sued to collect it.
ED Announces Improvements to the FAFSA Form
On February 4, 2025, the Department of Education released a press release announcing that it has published the information collection for the 2026-2027 Free Application for Federal Student Aid (FAFSA) form in the Federal Register asking the public to provide comments on the proposed changes by April 7, 2025. The Department is on track to launch the 2026-2027 FAFSA by October 1, 2025, as mandated by the FAFSA Deadline Act.
The Department also announced that current and future FAFSA forms will reflect the biological reality that there are only two sexes: male and female. Department officials plan to remove “nonbinary” as a gender identification option on the current year’s FAFSA form.
The press release quoted the Acting Under Secretary James Bergeron as saying: “The Trump Administration will correct the failures of the last Administration and ensure students and families can easily access the FAFSA form in a timely manner.” The Acting Under Secretary also said: “Resolving ongoing problems with the 2024-2025 form, reflecting biological reality by referencing sex identifiers, and beginning the process for the 2026-2027 form on-time will allow the Department to earn back the trust of the American people.”
A copy of the Federal Register Notice is found at:
A copy of the press release is found at: https://www.ed.gov/about/news/press-release/us-department-of-education-announces-improvements-fafsar-form.
ED Announces 2025-2026 Pell Grant Maximum and Minimum Award Amounts and Tentative Funding Levels for Campus-Based Programs
On January 31, 2025, the Department of Education announced in an Electronic Announcement (GEN-25-02) that for the 2025-2026 award year, the maximum Pell Grant award amount remains at $7,395 and the minimum award amount is $740.
Another Electronic Announcement (CB-25-02) announced that final appropriations for the 2025-2026 Campus-Based Programs have not been determined due to the lack of a final fiscal year 2025 appropriations bill. Therefore, the 2025-2026 award year Campus-Based tentative award levels have been based on the amounts included in the 2024-2025 award year appropriations. The 2025-2026 final award allocations may be delayed or revised depending on the outcome of the appropriations process.
The Electronic Announcement for the Pell Grant maximum and minimum awards for the 2025-2026 is found at:
The Electronic Announcement for tentative funding levels for the Campus-Based Programs for the 2025-2026 award year is found at: https://fsapartners.ed.gov/knowledge-center/library/electronic-announcements/2025-01-31/tentative-2025-26-funding-levels-campus-based-programs.
OCR Issues DCL Clarifying that OCR will Enforce Title IX Under the Provisions of the 2020 Title IX Rule Rather Than the 2024 Title IX Rule
On February 4, 2025, Acting Assistant Secretary for Civil Rights Craig Trainor issued a Dear Colleague Letter (DCL) clarifying that effective immediately, OCR will enforce Title IX under the provisions of the 2020 Title IX Rule, rather than the recently invalidated 2024 Title IX Rule. The DCL states that lawful enforcement of Title IX includes the definition of sexual harassment, the procedural protections owed to complainants and respondents, the provision of supportive measures to complainants, school-level reporting processes, and the interpretation of “sex” to mean the objective, immutable characteristic of being born male or female as outlined in the 2020 Title IX Rule.
The DCL states that in light of recent federal court decisions rejecting the 2024 Title IX Rule and President Trump’s Defending Women Executive Order, “the binding regulatory framework for Title IX enforcement includes the principles and provisions of the 2020 Title IX Rule and the longstanding Title IX regulations outlined in 34 C.F.R. 106 et seq., but excludes the vacated 2024 Title IX Rule. Accordingly, open Title IX investigations initiated under the 2024 Title IX Rule should be immediately reoriented to comport fully with the requirements of the 2020 Title IX Rule.”
A copy of the press release, which includes the text of the DCL, is found at:
ED Eliminates DEI Initiatives
On January 23, 2025, the Department of Education announced that it has taken action to eliminate “harmful Diversity, Equity, and Inclusion (DEI) initiatives.” The press release said that ED has removed or archived hundreds of guidance documents, reports, and training materials that include references to DEI from its outward facing communication channels. The Department also put employees charged with leading DEI initiatives on paid administrative leave. “These review efforts will continue as the Department works to end discrimination based on race and the use of harmful race stereotypes, both within the agency and throughout America’s education system.”
A copy of the press release is found at: https://www.ed.gov/about/news/press-release/us-department-of-education-takes-action-eliminate-dei.
ED Issues DCL Reminding Title IV Eligible Institutions of their Obligations Regarding Misrepresentation Statements made by Third-Party Service Providers Engaged by an Institution of Higher Education
On January 14, 2025, the Department of Education issued a Dear Colleague Letter (GEN-25-01) to remind eligible Title IV institutions of their obligations under the Higher Education Act (HEA) to comply with the requirements under section 487(c)(3) of the HEA and the regulations (subpart F of part 668) pertaining to misrepresentation. These provisions prohibit an institution from providing false, misleading, or inaccurate information about the nature of its educational program(s), its financial charges, or the employability of its graduates. The DCL reminds eligible institutions that such requirements apply with equal force to statements made by a third-party entity engaged by the eligible institution, including but not limited to an Online Program Manager (OPM), and their respective employees, contractors, or representatives, and that institutions may be responsible for the consequences of any misrepresentation committed by any external service provider that they engage. The DCL provides three types of statements that are likely to qualify as a misrepresentation if made by an eligible institution and/or any external service provider.
A copy of the DCL is found at: https://fsapartners.ed.gov/knowledge-center/library/dear-colleague-letters/2025-01-16/notice-interpretation-regarding-misrepresentations-third-party-service-providers-engaged-institution-higher-education.
Pell Grant Program Is Expected to End FY 2025 with a $2.7 Billion Deficit
According to a January report from the Congressional Budget Office (CBO), the Pell Grant program is expected to end FY 2025 with a $2.7 billion deficit that would apply to the 2025-2026 school year. The CBO’s new projections come after its June report showed the Pell Grant program was going to have an FY 2025 surplus of $11.4 billion. These earlier estimates assumed fewer students would receive Pell Grant awards amid the bungled rollout of the 2024-2025 FAFSA. An analysis of Federal data showed that Pell Grant recipients increased 12.6 percent between June 2024 and September 2024.
VA Notifies School Officials of Requirement to Notify State Approving Agencies if the Institution is Subject to a Government Action
On February 12, 2025, the Veterans Benefits Administration notified school officials of the 21st Century Veterans Healthcare and Benefits Improvement Act of 2025 (P.L. 118-210), which was signed into law on January 2, 2025. Section 206(a-b), which became effective on the date of enactment, January 2, 2025, requires accredited and non-accredited institutions to notify State Approving Agencies (SAAs) if the institution becomes subject to a government action or event outlined in 38 U.S.C. § 3673(e)(3). Disregarding notification to SAAs could lead to SAA suspension and/or withdrawal of approval under 38 U.S.C. § 3679.
The actions or events are:
- The receipt by an educational institution of payments under the heightened cash monitoring level 2 payment method.
- Punitive action taken by the Attorney General, the Federal Trade Commission, or any other Federal department or agency for misconduct or misleading marketing practices that would violate the standards defined by the Secretary of Veterans Affairs.
- Punitive action taken by a State against an educational institution.
- The loss, or risk of loss, by an educational institution of an accreditation from an accrediting agency or association, including notice of probation, suspension, an order to show cause relating to the educational institution’s academic policies and practices or to its financial stability, or revocation of accreditation.
- The placement of an educational institution on provisional certification status by the Secretary of Education.
The institution must notify the SAA not later than 30 days after the date the institution becomes subject to such action or event.
A copy of the notice is found at:
https://content.govdelivery.com/accounts/USVAVBA/bulletins/3d0817b.