Ranking Member Scott Reminds Secretary McMahon of Obligation to Preserve Records
After the Democrats took control of both the House and Senate on November 3, 2026, Ranking Member of the House Education and Workforce Committee Bobby Scott (D-VA) sent a letter to Secretary of Education Linda McMahon reminding her of the Department of Education’s obligation to preserve all records that may be in the public interest. The letter, included in the press release, was one of ten letters sent to ten federal departments and agencies under the Committee’s jurisdiction on November 4, 2026. The letter states: “As you are aware, the FRA [Federal Records Act of 1950] requires all departments and agencies in the Executive Branch to collect, retain, and preserve records that document ‘the transaction of public business’ or contain ‘informational value.’ The FRA’s regulations require the head of each federal agency to ‘make and preserve records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency.’”
Ranking Member Scott Releases Report on Barriers to Graduation
On October 21, 2026, according to a press release, Ranking Member Bobby Scott (D-VA) of the House Committee on Education and Workforce, released a new report titled “Unlocking Student Success: Addressing Barriers to College Completion.” Ranking Member Scott said: “Getting into college is not the only hurdle students must overcome. For millions of Americans, the harder part is crossing the finish line. At the start of the 2023-2024 school year, roughly 37.6 million working adults who are 18 to 65 years of age, had enrolled in college but had not earned a degree. This new report identifies that barriers are often about non-academic barriers like basic needs, not academic ability. For example, in 2020, 23 percent of college students experienced food insecurity, but less than half of SNAP-eligible students report receiving benefits.”
Ranking Member Scott said that “Congress must prioritize policies to help students succeed in higher education.”
OIG Provides Information to Assist Student Financial Aid Administrators Report Fraud
On November 10, 2026, the Department of Education’s Office of Inspector General (OIG) released a notice that provides information to schools and student financial aid administrators who need to report student aid fraud. The notice reminds colleges and universities that they are required to report to the OIG any credible information indicating an applicant, student, employee, or third-party servicer may have engaged in student aid fraud in accordance with 34 C.F.R. § 668.16(g). The notice states that student aid fraud may include false income statements, false citizenship claims, identity fraud, or forged signatures. The notice describes what to include in the report and where to file.
Department Requests Written Comments for Accrediting Agencies Under Review for Recognition
On November 5, 2026, the Department of Education, the Office of Postsecondary Education (OPE) published a Notice in the Federal Register, seeking written comments for accrediting agencies currently undergoing review for the purpose of recognition by the Secretary of Education. Comments are due within 30 days concerning the performance of the following accrediting agencies:
- Accrediting Commission for Education in Nursing, Inc.
- Accreditation Commission for Midwifery Education
- Higher Learning Commission
- Middle States Commission on Higher Education
- New England Commission of Higher Education
- New York State Board of Regents (Public Postsecondary Vocational Education, Practical Nursing)
- Oklahoma Department of Career and Technology Education
- Pennsylvania State Board of Career and Technical Education
- WASC Senior College and University Commission
ED Finalizes AIM Rule
On October 30, 2026, the Department of Education published the Final Rule on Accreditation, Innovation, and Modernization (AIM) in the Federal Register. Since the AIM negotiated rulemaking committee reached consensus, the consensus language was adopted in the Final Rule. The press release said that the Final Rule is “designed to strengthen quality assurance and improve affordability in higher education by prioritizing student outcomes, reducing regulatory burdens, promoting innovation and intellectual diversity, and increasing competition among accrediting agencies.” The press release includes the “Fact Sheet: Trump Administration Finalizes New Rule Delivering Historic Reforms to American Higher Education Accreditation,” which is found here.
FSA Releases Update to List of Professional Degree Programs Due to Court Order
On October 30, 2026, Federal Student Aid (FSA) released an updated Electronic Announcement (GENERAL-26-42) clarifying that the Doctor of Naturopathy/Doctor of Naturopathic Medicine (N.D.; N.M.D.) degrees and degrees within the same four-digit CIP code will be considered professional degrees for the duration of the District of Oregon’s preliminary injunction. A preliminary injunction was granted by the U.S. District Court for the District of Oregon in case No. 26-1599. N.D. and N.M.D. programs will be considered professional degrees under 34 C.F.R. § 185.102.
Departments of Justice and Education Clarifies Guidance Documents Regarding Federal Nondiscrimination Laws
On October 23, 2026, the Departments of Education and Justice published a Notice in the Federal Register, to clarify that seven guidance documents issued jointly by the Departments from January 7, 2015 to August 14, 2023, are not enforceable on federal civil rights laws. Each of the guidance documents were issued prior to the Supreme Court’s decision in Loper Bright Enters. v. Raimondo, which held that agency interpretations must be consistent with the “single, best meaning” of the statute authorizing them. The Departments plan is to revisit the guidance documents listed in the Notice in light of Loper Bright to determine whether they are consistent with the “single, best meaning” of the relevant federal civil rights laws enforced by the Departments.
ED Issues Notice Announcing the FAFSA Information that Must be Verified
On October 23, 2026, the Office of Postsecondary Education (OPE), Department of Education, published a Notice in the Federal Register, announcing the FAFSA information that an institution and an applicant may be required to verify, as well as acceptable documentation for verifying FAFSA information for the 2027-2028 award year.
On October 26, 2026, Federal Student Aid (FSA) released a Dear Colleague Letter (DCL) (GEN-26-06) providing information that supplements the 2027-2028 award year verification information provided in the Notice in the Federal Register. The DCL provides a summary of the 2027-2028 verification process. At the end of the DCL, FSA provides suggested text that an institution may use to fulfill its regulatory verification requirements.
FSA Announces Registration Information for the December 2026 Federal Student Aid Training Conference
On October 22, 2026, Federal Student Aid (FSA) released an Electronic Announcement (GENERAL-26-67), which provides details that are needed to register for the 2026 Federal Student Aid Training Conference to be held on December 14-16, 2026, at the Gaylord National Resort & Convention Center in National Harbor, Maryland. In Phase 1, eligible postsecondary institutions may register three representatives per institution (OPEID) from October 22, 2026, through November 2, 2026. In Phase 2, the OPEID restriction will be removed, which will permit registrants from the greater FSA community (i.e., state agencies, third-party servicers, software vendors, community-based organizations, associations and advocacy organizations, and other FSA partner groups) to register from November 2, 2026, through December 9, 2026.
Secretary of Education Delivers Final Speech as part of her “The Next 250: American Education” Speaker Series
On October 28, 2026, Secretary of Education Linda McMahon delivered her fourth and final speech as part of her “The Next 250: American Education” speaking series at Vanderbilt University. The Secretary is delivering these speeches to highlight the Trump Administration’s K-12 education, workforce, and higher education accomplishments, and to lay out the vision for the next 250 years of education in our nation. Her speech called on colleges and universities to restore merit, remove ideological litmus tests from hiring and admissions, and promote intellectual diversity. Secretary McMahon commended Vanderbilt University for courageously leading the charge to implement bold reforms, particularly through the release of its Declaration of First Principles, which commits the university to pathbreaking research; teaching students how to think, not what to think; and ensures education and research support the national interest.
Secretary of Education Delivers Remarks on Trump Administration’s Higher Education Accomplishments
On October 22, 2026, Secretary of Education Linda McMahon delivered remarks as part of her “The Next 250: American Education” speaking series. The Secretary is delivering these speeches to highlight Trump Administration’s K-12 education, workforce, and higher education accomplishments, and to lay out the vision for the next 250 years of education.
Secretary McMahon said: “America is rich in talent – in grit, in young people with the power to build meaningful lives and contribute immeasurably to our nation. Higher education cannot continue to squander their potential by saddling them with low-value degrees, staggering costs, and paths that do not match who they are and what they are called to do.”
“The Trump Administration is reorienting higher education to ensure that there is no ‘lesser than’ degree or credential. Any pathway that offers an affordable route to a good career and a good life deserves to be celebrated, even if it doesn’t fit the traditional mold of a four-year degree sought in-person on a legacy campus.”
Secretary Delivers Remarks on Trump Administration’s Workforce Accomplishments
Secretary of Education Linda McMahon has been delivering remarks as part of her “The Next 250: American Education” speaking series. An October 21, 2026, press release highlighted her speech at the College of Southern Nevada in Las Vegas: “America’s next 250 years will not be built by one kind of worker, one kind of learner, or one kind of mind. They will be built by welders and engineers, teachers and technicians, entrepreneurs and farmers, doctors and mechanics, researchers and tradesmen. And they all deserve our appreciation. Our job is not to decide which of those talents matters most. Our job is to make sure none of them is wasted.”
Department of Education Announces Seventh State to Receive Workforce Pell Grant Program Approval
On October 22, 2026, the Department of Education announced it had approved a new Workforce Pell Grant Program in Arizona, which is the seventh state to receive a program approval. Eligible students at Pima Medical Institute can now use Pell Grant funds to enroll in the Phlebotomy Technician program, which will prepare students for specialized healthcare careers.
Department of Education Continues Recognition of ACCSC, NACCAS, and COE with Restrictions
On October 21, 2026, Under Secretary of the Department of Education Nicholas Kent issued decisions on three accrediting agencies, the National Accrediting Commission of Career Arts and Sciences (NACCAS), the Council on Occupational Education (COE), and the Accrediting Commission of Career Schools and Colleges (ACCSC).
The Department’s federal recognition of ACCSC continues without any restrictions on its ability to accredit new institutions. However, ACCSC has 12 months from the date of the decision to achieve full compliance with the identified requirements, which involve its policies, procedures, and accreditation oversight. Failure to achieve full compliance within the 12-month period would lead to Limitation, Suspension, and Termination (LS&T) of its federal recognition.
The Department’s decisions prevent COE and NACCAS from granting accreditation or candidacy to new institutions and must place on hold all new pending accreditation applications. For both accrediting agencies, institutions with candidacy status cannot advance full accreditation while the restrictions remain in place. The restrictions may be lifted following a review of each agency’s compliance, but failure to comply with any of their restrictions could result in immediate termination. Both COE and NACCAS have 12 months from the date of the Department’s decision to achieve full compliance with the identified requirements.
OPE Releases FAQs Regarding Workforce Pell Grant Program
On October 15, 2026, the Office of Postsecondary Education (OPE) released an Electronic Announcement (GENERAL-26-64) addressing various questions and answers regarding the Workforce Pell Grant program. The One Big Beautiful Bill Act extended Federal Pell Grant eligibility to students enrolled in high-quality, short-term eligible workforce programs. The Workforce Pell FAQs are on the One Big Beautiful Bill Act Information Topics page.
OPE Releases the College Affordability and Transparency Report
On October 14, 2026, the Office of Postsecondary Education (OPE) released an Electronic Announcement (GENERAL-26-63) releasing the 2025 College Affordability and Transparency Report (CATR) informed by the responses of colleges and universities submitted in the College Affordability and Transparency Explanation Form (CATEF). OPE stated that the report and accompanying data provide students, families and taxpayers with greater clarity when making college choices and insight into the high cost of higher education.
Section 132 of the Higher Education Act of 1965, as amended, requires the Department of Education to collect data and publish reports on a variety of price metrics for the most recent academic year, including the following:
- Top five percent of institutions with the highest tuition and fees;
- Top five percent of institutions with the highest net price;
- Top five percent of institutions with the highest percentage increase in tuition and fees over the last three academic reporting years;
- Top five percent of institutions with the highest percentage increase in net price over the last three academic reporting years;
- The ten percent of schools with the lowest tuition and fees; and
- The ten percent of schools with the lowest net price.
OPE publishes an annual list of the institutions of higher education in the top five percent of their sector for increases in prices and requires that they submit a CATEF to the Secretary of Education. Nearly 450 colleges and universities were required to complete the 2025 CATEF. Of the total responses, 198 institutions were identified to be included in the list of highest increases in tuition and fees, and 216 colleges were identified to be included in the list of highest increases in net cost. Institutions alleged a variety of reasons for increasing their costs, including adding staff, increasing salaries and wages, and increasing operational costs. When asked if the institutions intended to lower their costs, 60 percent responded that they had no plans to do so.
Links to the data are included in the Electronic Announcement. The data highlights institutions with the highest tuition and net price across all sectors, including:
- The University of Southern California, charging $72,097 for annual tuition and with a net price of $43,412;
- Columbia University in the City of New York, charging $71,845 for annual tuition and with a net price of $22,520;
- Kenyon College, charging $71,520 for annual tuition and with a net price of $43,859;
- Brown University, charging $71,412 for annual tuition and with a net price of $26,256;
- Pepperdine University, charging $69,918 for annual tuition and with a net price of $66,585;
- California Institute of the Arts, charging $58,996 for annual tuition with a net price of $56,239; and
- Loyola Marymount, charging $62,357 for annual tuition and with a net price of $59,926 annually.
ED also spotlighted several of the institutions that have remained committed to keeping prices lower for their students, including:
- Brigham Young University, charging $6,688 for annual tuition and with a net price of $16,694;
- Western Governors University, charging $8,658 for annual tuition and with a net price of $11,328;
- The University of Fort Lauderdale, charging $9,840 for annual tuition and with a net price of $19,965;
- West Virginia University at Parkersburg, charging $4,612 for annual tuition and with a net price of $1,948;
- California State University – Los Angeles, charging $7,160 for annual tuition and with a net price of $4,460; and
- Texas College, charging $10,008 for annual tuition and with a net price of $10,958.
Justice Department Announces Indictments Resulting from Operation Ghostbusters
On October 29, 2026, the Justice Department’s National Fraud Enforcement Division (Fraud Division), along with the U.S. Attorney’s Offices for the Eastern District of Virginia, Nebraska, and New Jersey, announced indictments resulting from Operation Ghostbusters. Operation Ghostbusters is a nationwide investigation into a large-scale student loan fraud scheme in which criminal actors created fraudulent FAFSA accounts using stolen U.S. citizen identities to enroll “ghost students” in educational institutions. The alleged perpetrators reportedly used artificial intelligence to complete coursework and simulate a student’s presence in online classrooms. After loan and grant disbursements, the refunds were diverted to bank accounts controlled by foreign actors and facilitated by U.S.-based money mules, including Kenyan nationals.
Commission for Public Higher Education Announces First Accreditation Decision
On October 22, 2026, the Commission for Public Higher Education (CPHE) announced that its Board of Directors has voted to grant accreditation to Florida Polytechnic University, which is the first accreditation decision since its founding in 2025. CPHE has not yet earned federal recognition from the Department of Education. According to an article of October 23, 2026, in Inside Higher Ed, CPHE has since received letters of intent from at least 10 institutions, which are currently accredited by Commission on Colleges and Universities (CCU) and located in Florida, Georgia, North Carolina, and Texas.
Class Action Lawsuit Filed Against Secretary McMahon Over ED’s Mismanagement of the Processing of the PSLF Applications
On October 30, 2026, the American Federation of Teachers (AFT) issued a press release announcing its filing of a “landmark class action lawsuit” against Secretary of Education Linda McMahon over her mishandling of the Public Service Loan Forgiveness (PSLF) program. In Weingarten v. McMahon, filed in the U.S. District Court for the District of Columbia on October 30, 2026, the AFT is seeking relief for borrowers who have applied for debt relief under the PSLF program, but alleges that the Department of Education is illegally withholding or delaying PSLF buyback determinations, failing to award borrowers credit for time worked in public service, and reversing previously credited qualifying time.
AFT President Randi Weingarten said: “Secretary McMahon has flagrantly ignored her responsibility to help teachers, nurses and first responders under the buyback provision her department is required to honor.” President Weingarten said the Secretary has left 90,000 dedicated public employees in the lurch, “forcing them further into debt while their applications just sit there.
On November 2, 2026, Ranking Member of the House Education and Workforce Committee Bobby Scott (D-VA) sent a letter to Secretary McMahon outlining concerns that borrowers have had with the PSLF program, including incorrect qualifying payments. Ranking Member Scott stated in the letter, included in the press release: “Without additional information from the Department, borrowers cannot know whether changes to the PSLF qualifying payment count were the result of an error that will be fixed; if it is a decision that can be appealed; or if the statement reflects an unappealable decision made by this Administration. Without any additional information, borrowers are left in the dark as to why they must remain in repayment longer than the law requires. This is particularly concerning if a borrower believes they have met all the statutory and regulatory requirements to have their debt forgiven through the PSLF.”
ACE and 18 Other Higher Education Associations Warn Trump Administration Regarding Proposed Changes to the U.S. Census
On October 15, 2026, the American Council on Education and 18 other higher education associations sent a letter to Daniel Sweeney, Deputy General Counsel for Economic, Statistical, and Regulatory Affairs, Office of the General Counsel, Department of Commerce, warning that the Trump Administration’s proposed changes to the U.S. Census could have a negative impact on institutions of higher education. The proposed changes would exclude undocumented immigrants and some legal noncitizen residents, such as faculty and scholars on H-1B visas or international students, from being counted in the decennial survey and would strike questions related to race and ethnicity used since 1790. The letter advises the Deputy General Counsel that institutions of higher education use census data “to help with future planning, to know what areas are growing and declining in population, to identify workforce needs and related college program offerings, and to understand how much domestic outmigration is occurring with respect to workforce needs.” They conclude that “[t]he Decennial Census must remain a fair, accurate, inclusive, and trusted count of the people living in the United States.”
Five Colleges Join NAAE
On October 14, 2026, Inside HigherEd reported that five nonprofit colleges announced on October 13, 2026, that they were joining the National Association for Academic Excellence (NAAE), a new accreditor. The five institutions, Bellevue University, Benedictine College, Houston Christian University, Merrimack College, and the University of Mount Saint Vincent will serve on NAAE’s board and will help in the development of NAAE’s accreditation standards. NAAE stated in its press release that NAAE is designed for independent colleges and universities with standards focused on student achievement, education value and the “formation of the whole person.”
Report on New ACTS Survey Released
On August 7, 2025, the White House issued the presidential memorandum Ensuring Transparency in Higher Education Admissions, which called for greater transparency in college admissions to “expose unlawful practices” related to the consideration of race in college admissions. The Trump Administration was concerned that there was a lack of data as to whether colleges and universities were continuing to consider race in admissions despite the Supreme Court’s rulings in Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina, which limited the use of race in college admissions. To address this concern, President Trump asked the Secretary of Education to revise the Integrated Postsecondary Education Data System (IPEDS) to provide “adequate transparency in admissions.” The result was the new IPEDS survey, the Admissions and Consumer Transparency Supplement (ACTS), which would collect data “that could indicate whether the institutions of higher education are using race-based preferencing in their admissions processes.” The implementation timeline for the new IPEDS survey was 120 days from the date of the memorandum.
There were many concerns from the higher education community, which were partly legal in nature, but were mostly related to the implementation timeline and process, along with data availability, data quality, and student privacy risks. Despite the concerns, on December 18, 2025, the Department of Education launched ACTS with an initial deadline of March 18, 2026, but later conditionally extended to April 8, 2026. ACTS was expected to be completed by all four-year institutions who utilize selective college admissions. Open-access institutions, such as community colleges, who admit all of students who apply, and do not award non-need-based aid were exempt from the ACTS survey requirement.
In May 2026, the Urban Institute and the Association for Institutional Research (AIR) launched a national study to document the experiences of those responsible for ACTS reporting and to make recommendations for improving the reporting process. The report titled, Learning from the Initial ACTS Reporting, found the following major issues:
- The compressed implementation and collection timeline for ACTS meant not only that the National Center for Education Statistics (NCES) could not follow the historical process for adding a new survey to IPEDS but that institutions had a shorter than usual time frame for figuring out how best to report the required data. Several participants said that there was immense stress particularly related to the fact that institutions that fail to respond to IPEDS surveys may face fines of up to $71,545 per violation or LS&T of their Title IV eligibility.
- Institutions were required to provide ACTS data for the 2025-2026 academic year in addition to each academic year going back to 2019-2020. The Department of Education estimated that it would take 200 hours of staff time for an institution to submit the data. Among all respondents to the question, 67 percent reported spending at least 200 staff hours on ACTS, 52 percent reported spending at least 250 staff hours on ACTS, 28 percent reported spending 400 staff hours or more on ACTS, and 6 percent reported they were unsure how many hours their institutions had spent.
- Resource constraints emerged as the leading contributor to reporting burden. Although resource constraints were not comprehensively defined, the study participants discussed them in the context of time and staff limitations.
- Data submission and validation errors were also a major contributor to reporting burden. Several institutions reported difficulties in downloading. Several participants described the error messages as vague and were revealed sequentially rather than all at once, which kept staff from assessing the full scope of the problems.
- Only 17 percent of the respondents reported having all undergraduate data and only 15 percent of the respondents reported having all graduate-level data.
- A major concern was the quality and accuracy of the ACTS data institutions submitted. Participants reported that the factors that undermined the ACTS data quality included: the compressed timeline, definitional ambiguity and changing guidance, historical data limitations, and data validation requirements.
- Participants also raised several broader concerns related to legal and institutional risk, student privacy, the purpose and use of ACTS data, and the human toll of the reporting process.
The two most frequently cited recommendations from survey respondents for improving ACTS data validity were to use definitions that align with other existing reporting, such as IPEDS, or ensuring ACTS metrics have clearer definitions and guidance. One of the most frequent complaints regarding the development of ACTS was the lack of a Technical Review Panel (TRP), which could have addressed issues related to definitional ambiguity and data availability earlier.
Sharon H. Bob, Ph.D.
Higher Education Specialist
Powers Pyles Sutter and Verville, PC
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