Still Good Law

The regulatory outlook for higher education at the federal level is, understandably, a topic of much interest at the moment. The present administration has instituted or proposed changes of many kinds, which in turn have the capability to affect the plans or postures of states, regulators, accreditors, and of course educational institutions. We’ll no doubt explore some of those changes here and elsewhere as the year progresses and events unfold, but before any of that I’d like to mention an observation made by a speaker at a presentation I recently attended: “there’s a lot of new stuff happening, but there’s still a lot of old stuff on the books.” 

I think that’s an excellent piece of advice to carry with us as the semester begins and over the coming months. The new and coming developments to which we rightly devote attention notwithstanding, it’s important to remember that previous laws, regulations, and guidance, unless explicitly rescinded or repealed, remain in effect, and we owe them our continued consideration as well. This especially includes the fact that the Department of Education, even as it has been ordered to diminish itself to the extent permitted by law, still exists, and retains its enforcement prerogative. So too do state authorization and accreditory obligations persist. Inasmuch as we maintain awareness of the totality of the situation–simultaneously considering the past, the present, and the future–and remain committed to and mindful of good sense and best practices, we maximize our ability to stay in good stead with all interested parties. And, as always, if you have questions about these or any related matters, please feel free to schedule a conversation with our office!