NASPA POLICY PUBLICATIONS & LETTERS OF SUPPORT:

NASPA Statement on the Release of the Notice of Proposed Rulemaking on Title IX

By NASPA, November 16, 2018

“NASPA staff are working to review the rule proposed in the NPRM now that it is officially available and will prepare a full analysis to share with members as soon as possible. There is much in the proposed rule that concerns us upon our initial review, specifically related to the scope of jurisdiction for campus investigations, the ability for parties to cross-examine each other, and changes to the standards and processes for students to submit formal reports. We are keenly aware of the urgency of this matter for many NASPA members and appreciate your patience as we examine the full impact of the new proposed rule. We welcome your input as we complete our analysis and invite you to share specific aspects of the rule that you find either promising or troubling with NASPA director of research and practice, Dr. Jill Dunlap or director of policy research and advocacy, Teri Lyn Hinds.” (Click on link above to connect to the full statement and registration options for upcoming information sessions on December 3, 6, and 7.)

IN THE NEWS:

‘You Should Have Died in the Holocaust’: Neo-Nazi Harassment is not Free Speech, Judge Rules

By Deanna Paul, The Washington Post, November 17, 2018

An anti-Semitic “troll storm” initiated by Daily Stormer publisher, Andrew Anglin, that encouraged hundreds of thousands of readers to harass Tanya Gersh has resulted in a federal court decision in favor of Gersh regarding free speech.  Anglin argued that the First Amendment should protect his posts on the Daily Stormer and he should not be held responsible for his readers’ actions, which resulted in over 700 violent and threatening communications. A federal court judge has motioned against Anglin’s push to dismiss the case, which will now move on to discovery and trial phases. Gersh will still have to prove that Anglin is liable for invasion of privacy among other claims filed.

Don’t Bet on Comprehensive Immigration Reform in the New Congress

By Priscilla Alvarez, The Atlantic, November 24, 2018

This past week over 300 organizations have signed onto a letter urging that the now Democratic-controlled House move on legislation providing a pathway to citizenship for undocumented individuals, including recipients of the Deferred Action for Childhood Arrivals (DACA) program and holders of temporary protected status (TPS). However, even though the House flipped parties as a result of November’s midterm elections, there remain divisions within the Democratic Party pertaining to immigration policy. This means that an overarching immigration package may prove unsuccessful in gaining the support the House and Senate need to pass it. Some immigration advocates like Ali Noorani, executive director of the National Immigration Forum thinks that the solution is to consider more narrow legislation that takes on DACA and TPS protections separately.

Congress’s Lame-Duck Session: Critical Bills, Looming Deadlines, Little Unity

By Emily Cochrane, NYT, November 25, 2018

Congress continues to be gridlocked on critical issues during the current lame-duck session. This is the last chance for Republicans to push forward legislation within a Republican-majority Congress, while Democrats lack incentive to compromise given the upcoming flip in the House this coming January. Legislation under consideration includes a reauthorization of the farm bill, a criminal justice reform bill, funding for the border wall, and the continuation of appropriations funding to avoid a potential government shutdown. This week Democrats will also begin to elect leadership in the House in anticipation of the upcoming 116^th Congress.

DeVos Restores Recognition for Troubled For-Profit Accreditor​

By Andrew Kreighbaum, Inside Higher Ed, November 26, 2018

Secretary of Education Betsy DeVos has outlined her decision to officially reinstate the Accrediting Council for Independent Colleges and Schools (ACICS) in a nine-page document on November 21. Reconsideration of the Obama administration’s decision to revoke recognition from ACICS in 2016 came about due to a reported lack of thorough investigation on the accreditor’s lack of compliance. However, when a more comprehensive internal review of ACICS still found the accreditor to fail a majority of federal standards, the current Department of Education (ED) did not take this review under consideration. The recommendation to reinstate ACICS has been criticized for misrepresenting support from fellow accrediting bodies, but DeVos has continued to support the recommendation, and has found the former decision to terminate the accreditor to be politically motivated.  

RELEVANT BILLS: 

State Summaries

**Check for updates in the coming months. Most states return to session in January 2019**

Federal Summaries

H.R.6157 - Department of Defense and Labor, Health and Human Services, and Education Appropriations Act 2019 and Continuing Appropriations Act, 2019

-Primary Sponsor: Rep. Kay Granger (R-TX) (Introduced 06/20/2018)

-Latest Action: 09/27/2018 Presented to President Trump, and signed on 9/28/2018

This appropriations minibus, signed into law at the end of September, contained a continuing resolution providing temporary funding for seven outstanding appropriations measures until December 7. During the current lame duck session, Congress will need to continue funding for: Agriculture; Homeland Security; State and Foreign Operations; Commerce, Justice, and Science; Financial Services and General Government; Interior and Environment; and Transportation and Department of Housing and Urban Development.

RELEVANT REGULATIONS:

**Want to submit comments of your own? Check out NASPA’s Q&A on submitting public comments**

Secretary DeVos: Proposed Title IX Rule Provides Clarity for Schools, Support for Survivors, and Due Process Rights for All

 -Draft Rule by the Education Department on 11/16/2018

-Comment period not open until the rule is published on the federal register. There will be a 60 day period for public comment once the draft rule is published on the federal register.

-Department of Education (ED)

Summary from Press Release by Education Secretary Betsy DeVos:  “Continuing its efforts to ensure equal access to education free from discrimination, today the U.S. Department of Education released its proposal on improving schools' responses to sexual harassment and assault. The proposed regulation under Title IX, the federal civil rights law that prohibits discrimination on the basis of sex in education programs or activities that receive federal funding, was developed after more than a year of research, deliberation, and gathering input from students, advocates, school administrators, Title IX coordinators, and other stakeholders….”

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Borrower Defenses Against Loan Repayment

-A Notice by the Education Department on 11/26/2018

-Comment period that ends on 12/26/2018

-Federal Student Aid (FSA), Department of Education (ED)

Summary:  “The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.”

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