Supreme Court Decision Weakens Education Department
Katherine Knott
July 2, 2024
After the justices struck down a 40-year precedent last week, experts warn of chaos for higher education amid doubts about the future of Title IX and gainful employment, among other policies.
Over the last 16 years, presidential administrations of both parties have wielded the power of the Education Department not to just carry out congressional legislative directives but also to make their own policies—reshaping the federal government’s role in higher education. They’ve retooled the rules for accreditors, added new accountability measures for for-profit programs, overhauled the student loan system and changed how colleges respond to reports of sexual misconduct.
Not all of the policy changes survived legal challenges, but the legacy of legislating via regulation has endured. As Congress struggled to pass meaningful legislation related to higher education thanks to partisan gridlock, presidents increasingly opted to use the rule-making process to leave their mark on America’s colleges and universities.
