Advocacy quick hits

Trump Administration declines to defend HSI program in lawsuit

Last week, news broke that the Department of Justice (DOJ) had declined to defend the Higher Education Act (HEA) Title V Developing Hispanic-Serving Institutions (HSIs) program in a suit alleging that the program’s institutional eligibility requirements represent illegal discrimination based on race. As a reminder, the state of Tennessee and Students for Fair Admissions (SFFA) sued the Department of Education (ED) in June. The HSI program provides institutional aid to colleges that have a full-time equivalency enrollment of at least 25 percent Hispanic students. Like other institutional aid programs, institutions must also meet criteria around institutional resources and the share of students receiving need-based aid.

Last month, the Hispanic Association of Colleges and Universities (HACU) filed a motion to intervene – to be listed as the new defendant in the suit and to be able to argue on behalf of the program. While the Trump Administration or the case’s plaintiffs have not objected to HACU’s request, it has not yet been approved by the presiding judge.

As covered by AACC’s Matthew Dembicki in the Community College Daily, more than 230 public two-year colleges receive funding through the HSI program.

Office of Federal Student Aid certifies October 1 release date for the 2026-27 FAFSA

On Tuesday, Education Secretary Linda McMahon formally certified that the 2026-27 Free Application for Federal Student Aid (FAFSA) will be available to all users on October 1. In a letter to the leadership of the House and Senate education committees, Secretary McMahon shared that more than 1,000 students have successfully submitted the FAFSA during the beta testing period and that the form will be fully launched and fully operational ahead of the statutory deadline.

As a reminder, Congress passed the FAFSA Deadline Act with near-unanimous support following the chaotic and delay-ridden rollout of the 2024-25 FAFSA. The law changed the statutory deadline to release the FAFSA form from January 1 to October 1 and requires the Department of Education (ED) to notify Congress by September 1 if it will not be able to meet the deadline.

This week’s certification comes as the Office of Federal Student Aid (FSA) conducts its second round of beta testing. Students and families may now request to fill out the FAFSA ahead of the full October 1 launch date.

AACC files public comments on OBBBA implementation, negotiated rulemaking tables

This week, the American Association of Community Colleges (AACC) filed public comments on the sector’s priorities for the implementation of the education components of H.R. 1, the “One Big Beautiful Bill” (OBBB) reconciliation legislation.

As a reminder, the Department of Education (ED) is required to go through a formal negotiated rulemaking regulatory process for all programs that fall under the Higher Education Act (HEA). With a number of HEA-related changes in the OBBB, ED will convene two negotiated rulemaking tables over the fall and winter.

The first table – to be called the “Reimagining and Improving Student Education (RISE) Committee –will address changes to student loan origination and repayment policies. The second – the Accountability in Higher Education and Access through Demand-driven Workforce Pell (AHEAD) Committee – will be tasked with implementing Workforce Pell, the new accountability system that measures the earnings of program completers against a comparison group of high school graduates, and Gainful Employment/Financial Value Transparency regulations.

The initial comments highlight areas of ambiguity in the law, opportunities for clarification, and opportunities to reduce burden and promote workability. AACC asks the Department to ensure that community colleges are represented at the negotiating tables; to align reporting requirements and accountability measures for Title IV-eligible programs under Workforce Pell, GE/FVT, and the new earnings-based accountability scheme; and to clarify how wages, completion rates, and placement rates will be collected, calculated, and verified for programs eligible for Workforce Pell. AACC will remain highly engaged through both negotiated rulemaking tables and will keep members informed as negotiators are selected and issue papers are released.

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