Latest Updates from NACUBO on Capitol Hill Happenings

Nelnet partnered with NACUBO for some fall 2022 updates from our nation’s capitol at this year’s CampusConnect user conference. Learn from NACUBO’s Capitol Hill “translator” Liz Clark on current happenings that have an impact on your institution. Clark is the Vice President for policy and research at the National Association of College and University Business Officers (NACUBO), and an expert in all things policy interpretation.

We examined how the current political climate is impacting higher education, as well as what regulatory changes might affect the business office, along with a discussion on the latest guidance from the Department of Education. View this on-demand session now for all the details from Capitol Hill.

Big elections are coming in November, and with razor thin margins as to who wields the power in Washington, it is still difficult to move any legislation forward. The stakes are high for both political parties, and even if Republicans win the House of Representatives, it will still be difficult to move big, sweeping changes. Clark says predictions are showing the House and Senate may flip to Republican majority as a third of the US Senate is up for election; however, there is always a chance the Senate will stay a 50-50 split like it is today.

Currently, there is “legislative gridlock” on Capitol Hill. When this happens, we are more likely to see regulatory actions from the White House, along with judicial activity. When it comes to higher education, all of the judicial activity has been dizzying. What is known so far:

• The Supreme Court will take up the question of whether race can be used as a factor in the admissions process.
• The 3^rd Circuit Court will be looking at if Division 1 student athletes can be considered employees under the Fair Labor Standards Act.

At present, the Department of Education is working on writing rules for “Borrower Defense to Repayment” and “90/10 Rule.” Clark shares that during negations of proposed rulemaking, the issue of transcript withholding came up. Consumer advocacy groups want the Department of Education to step in and mandate, during this rulemaking process, higher education institutions should not be able to withhold transcripts or use holds to prevent registration. Clark said some of these rules may be finalized by November 1, 2022 and will become effective by the July 2023 academic year. If they are not finalized by the November 1 date, they cannot become effective until 2024. Additionally, from the Department of Education, there are pending actions in relation to Title IX, which can impact campuses.

View the on-demand session for all the details on Capitol Hill.

For further questions, insights, or feedback on current happenings, reach out to NACUBO at advocacy@nacubo.org