Education Department Issues DEI Letter; Institutional Compliance by February 28
Feb 24, 2025, 16:16
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AACOM Government Relations
- On February 14, 2025, the Acting Assistant Secretary for the Department of Education (ED)’s Office for Civil Rights issued a Dear Colleague letter (DCL) regarding discrimination based on race, color and national origin in K-12 and higher education.
- The letter states that its purpose is to “clarify and reaffirm the nondiscrimination obligations of schools and other entities that receive federal financial assistance from the United States Department of Education” under Title VI of the Civil Rights Act of 1964, the Equal Protection Clause of the United States Constitution and “other relevant authorities.”
- The Department intends to take “appropriate measures to assess compliance” beginning no later than February 28, 2025.
- The DCL instructs all covered educational institutions to:
- Ensure that their policies and actions comply with existing civil rights law;
- Cease all efforts to circumvent prohibitions on the use of race by relying on proxies or other indirect means to accomplish such ends; and
- Cease all reliance on third-party contractors, clearinghouses or aggregators that are being used by institutions to circumvent prohibited uses of race.
- Although the DCL does not itself have the force and effect of law, it signals ED’s intent to enforce relevant civil rights laws consistent with the Supreme Court’s June 2023 decision in Students for Fair Admission v. Harvard, which found race-conscious admissions policies unconstitutional.
- On February 21, 2025, a Maryland federal district court entered a nationwide preliminary injunction of key aspects of the Trump Administration’s two diversity, equity and inclusion executive orders. The nationwide injunction gives institutions of higher education reprieve from the executive orders but not ED’s DCL.
- For further information and analysis, you may view the American Council on Education’s webinar and AACOM’s 2023 webinar series on race conscious admissions following the Students for Fair Admissions decision.
- AACOM will monitor enforcement of the DCL and provide resources to the OME community as needed. If you have questions or comments, please contact aacomgr@aacom.org.
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Education Department Extends FVT/GE Reporting Deadline
Feb 24, 2025, 16:17
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AACOM Government Relations
- The Office of Federal Student Aid (FSA) announced that the deadline for evaluating Completers’ Lists and reporting data associated with the new Financial Value Transparency and Gainful Employment (FVT/GE) reporting requirement has been extended until September 30, 2025. ED stated that this will be the final extension of the FVT/GE reporting deadline.
- The extension follows a letter sent by AACOM with the American Council of Education asking ED to further delay the FVT/GE reporting requirements. The deadline to report required information has been delayed several times and was set to go into effect on February 18, 2025.
- With this extension, ED does not plan to produce any FVT/GE metrics before September 2025 and will not take any enforcement or other punitive actions against institutions that have been unable to complete the reporting to date.
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Court Halts Policy on NIH Funding Reductions
Feb 24, 2025, 16:18
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AACOM Government Relations
- On February 21, 2025, a federal judge extended the pause on a new National Institutes of Health (NIH) policy that would implement a 15 percent cap on Facilities and Administrative (F&A) reimbursements for all new and existing grants.
- F&A costs include the upkeep of laboratories, management of data security, adherence to federal safety regulations and administrative support that facilitates compliance and operational efficiency.
- The NIH policy, which the NIH estimated would save more than $4 billion each year, came amidst a flurry of executive activity that aims to shrink the federal workforce and budget, and creates a funding shortfall that universities and researchers would need to cover themselves.
- AACOM and other health professions associations issued a statement to underscore the impact of these funding restrictions on research and healthcare education. We will continue to monitor executive activity and report on how it impacts researchers at our colleges of osteopathic medicine.
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HHS Secretary Confirmed; ED Nominee Pending Senate Consideration
Feb 24, 2025, 16:19
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AACOM Government Relations
- Robert F. Kennedy Jr. was sworn in on February 13, 2025, as the 26th Secretary of the U.S. Department of Health and Human Services (HHS) following a Senate confirmation vote of 52–48. The vote was largely along party lines, with Senator Mitch McConnell (R-KY) as the sole Republican voting against the nomination.
- Following the Senate Health, Education, Labor, and Pensions Committee’s confirmation hearing for ED Secretary nominee Linda McMahon, the Committee voted on February 20, 2025, along party lines, to advance her to the full Senate for consideration. A date for her confirmation is yet to be set. No Republicans have made any public objections to McMahon’s nomination, so she is almost certain to be confirmed.
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