February 22, 2023

While the House of Representatives and Senate are both out of session this week, the Department of Education has been very busy! Now let's dive into the latest news in higher education.

Notice of RFI Regarding First Amendment & Free Inquiry Related Grant Conditions

Yesterday, the Department of Education published a request for information (RFI) regarding a Department 2020 regulation, which added material conditions relating to First Amendment freedoms and free inquiry to certain Department grants, commonly referred to as the “Free Inquiry Rule.” The RFI seeks to review how the Free Inquiry Rule affected or is reasonably expected to affect decisions surrounding First Amendment and free speech-related litigation in Federal and State court and institutional policies on freedom of speech. Stakeholders may submit pertinent information, research, or other input to the Department to inform its review of the current regulation.

The RFI is open for 30 days and must be submitted before March 24, 2023. For additional information regarding the RFI or on how to submit a comment, click here.

Notice of Proposed Rulemaking Regarding First Amendment & Free Inquiry

The Department also issued a notice of proposed rulemaking seeking to rescind a 2020 regulation related to religious student organizations at certain public institutions of higher education (IHEs). The regulation tasked the Department with enforcing grant conditions related to religious student organizations.

In 2021, the Department conducted a review of the 2020 regulation which included outreach with: (1) higher education and institutional stakeholders, including organizations representing public institutions; (2) faith-based organizations, including organizations representing religious IHEs; and (3) organizations that advocate for civil rights and civil liberties. Through their review, the Department determined the 2020 regulation is not necessary to protect the First Amendment right to free speech and free exercise of religion, and that it has created confusion among IHEs regarding nondiscrimination requirements. The proposed rule also states these matters should return to the longstanding practice of deferring to the court system, which have expertise in and responsibility for protecting rights under the Free Speech and Free Exercise Clauses.

The proposed rule has been published on the Federal Register and can be found here. Comments on the proposed rule must be submitted by March 24, 2023. 

Department of Ed Releases New Title IX Resources to Ensure Equitable Athletic Programs

Last Friday, the Department of Education released three new resources for students, parents, coaches, athletic directors, and school officials to evaluate whether schools are meeting their legal duty to provide equal athletic opportunity regardless of sex. 

The Supporting Equal Opportunity in School Athletic Programs: A Resource for Students and Families document provides examples of the kinds of situations that could, depending upon facts and circumstances, raise Title IX concerns at any education level. 

The Department also provided two specialized resources, one for K-12 schools and one for colleges and universities, that offer information specific to these institutions. 

Final Reminder: Lead of a Career and Technical Education (CTE) Network

The deadline to apply for the Department of Education's Lead of a Career and Technical Education (CTE) Network grant is February 23, 2023. The grant is under the fiscal year (FY) 2023 Research Networks Focused on Critical Problems of Education Policy and Practice Grant Program. The IES research grant programs are designed to provide reliable and valid information about education practices that support learning and improve academic achievement and access to education opportunities for all learners. The CTE Network will conduct research on CTE through projects funded by other IES grants.

To learn more or apply, click here. 

• February 23 - deadline to apply Lead of a Career and Technical Education (CTE) Network

• October 2023 deadline to apple for Advanced Technological Education

Outreach Efforts

Is your institution meeting or hosting an event with federal elected officials?

We created a Congressional Contact Form that will help us track outreach efforts of community college leaders across our membership. By filling out the form, you are better informing ACCT's advocacy efforts and our advocacy team is able to continue those conversations with congressional staff in DC. 

We also put together an outreach toolkit and an advocacy guide to share best practices for meeting with elected officials and set your team up for success.

ACCT NOW is the go-to resource for issues affecting community colleges. Our new website features original reporting and research, as well as of-the-moment legislative updates. ACCT NOW also includes articles, reports, and research from outside sources that benefit the ACCT community. Read the Latest Articles on ACCT NOW:

Have a Question?

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Spread the Word.

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