education

Using COVID-19 as a Cover for Binding Regulatory Change: Title IX under Trump

(Source)   On August 14, 2020, colleges and universities will be required to comply with what is essentially an overhaul of the Title IX system as it has existed for over the last decade. Title IX has been revolutionary in combating sexual harassment and sexual abuse in schools, on sports teams, and in other educational programs. The commonly referenced “Title IX” is the ninth title in the Education Amendments Act of 1972, a federal civil rights law which states that “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Since 1972, blatant pregnancy discrimination has been all but eradicated, the proportion of women earning college and professional degrees has consistently increased, and women have increasingly become college professors. Title IX is now largely seen as protection against sexual assault and harassment, a topic which has garnered much more national attention in recent years. Many, however, do not know where Title IX gets its power. Much of our present-day federal policy is determined by regulatory institutions within the executive branch or by the [read more]

Student Loans: An Evolving Balancing Act of Public and Private Lenders

(Source)   As the political circuit heats up, politicians have acknowledged the public’s growing concern for the student debt crisis. The issue has taken center stage, especially among millennial voters, as collective student debt in the United States has hit $1.5 trillion—becoming one of the largest consumer debt categories. The rise of student debt parallels the skyrocketing cost of education in the U.S. as student lending practices and educational costs create a perpetuating cycle of increasing fees. It is important to look back at the policy choices behind student lending practices in the U.S. to understand the current system. Arguably, the public lending practices that have allowed the drastic increase in educational costs were essential to mitigate other negative externalities.   The Path to Direct Lending: Ensuring Non-Discriminatory Education at Lower Costs In attempts to develop a nationwide student loan program in 1965, Congress established the Federal Family Education Loan (“FFEL”) program. Non-discriminatorily guaranteeing student loans served as the program’s cornerstone as long as students were eligible for the program. This was Congress’s attempt to “even the playing field” for students of different socioeconomic statuses. Before FFEL, students would have to turn to the private market for student loans, limiting [read more]