Colleges and universities, still burdened by the botched
FAFSA rollout, face an unusually busy summer, as several new federal regulations will go into effect. The regulations touch on many aspects of campus operations and, in some cases, are complex overhauls of existing systems.
Below is a brief overview:
Digital Accessibility Requirements
Effective: June 24
Public entities, including public colleges and universities, must review and update their digital materials for accessibility in accordance with a new
Department of Justice regulation. Read ACE’s comments on the regulations
here and an overview of the final rule by
Higher Ed Dive
here.
Federal Overtime Salary Threshold Increase
Effective: July 1
The Department of Labor’s overtime rule, which will greatly impact colleges and universities, will increase the salary threshold for many employees to be eligible for overtime. ACE published an
issue brief and
a summary of the new regulation.
Several lawsuits have been filed in federal court in Texas recently, challenging the new thresholds and the automatic updates every three years, one of which is seeking a temporary restraining order that could block the July 1 increase. But as the issue brief notes, it is difficult to predict whether these or other legal challenges will succeed in derailing any portion of the changes, to what extent, or when.
Financial Responsibility, Administrative Capability, Certification Procedures, and Ability to Benefit
Effective: July 1
Colleges and universities will need to implement most of the regulations included in the Department of Education’s (ED) final
regulatory package by July 1, though a few portions have been
delayed until Jan. 1, 2025. ED published a
Dear Colleague Letter on implementing these regulations and held
a webinar on transcript withholds with the American Association of Collegiate Registrars and Admissions Officers (view the slides
here). Also, ACE published
a summary of the final regulations.
Financial Value Transparency and Gainful Employment
Effective: July 1
While ED delayed the reporting deadline until Oct. 1, colleges and universities will need to implement the remainder of
the regulations regarding financial value transparency, gainful employment, and a range of other topics by July 1. Read ACE’s summary of the final regulations
here and its comments to ED on the implementation of the regulations
here.
Net Neutrality
Effective: July 22
The Federal Communications Commission (FCC) approved
new regulations that allow the agency to categorize high-speed Internet as a utility, like water or electricity, and regulate broadband providers. ACE sent
a letter in support of the proposal and the FCC published an
FAQ guide on the new rules.
Title IX
Effective: August 1
The long-awaited final rule overhauling Title IX ushers in a yet another new era for how colleges and universities handle cases of sexual harassment and assault. The
new regulations introduce significant shifts in how institutions address sexual harassment and assault allegations while expanding protections for LGBTQ+ and pregnant students.
ACE published
a summary of key provisions and a dedicated Title IX
resource page, including a timeline of recent developments on the rule.
Federal district court judges in
Louisiana and Kentucky have granted motions temporarily
blocking the rule from going into effect in a combined 10 states, and there
are multiple other pending lawsuits that challenge the rule.