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As things move quickly in Washington, DC, NACUBO is your constant advocate in action. NACUBO On Your Side covers important legislative and agency activity NACUBO staff are tracking, what we’re currently advocating for, and how you can take action with us.

Here are the issues we are tracking and advocating for this week.

Agency Action

NCAA Delays NIL Rules
Following a January 8 letter from the Department of Justice (DOJ), all three divisions of the National Collegiate Athletic Association (NCAA) have delayed scheduled votes on changes to existing rules regarding student-athlete compensation for use of their name, image, and likeness (NIL). The DOJ letter expressed concern that the NCAA’s proposed rules may run afoul of antitrust regulations, stating, “Ultimately, the antitrust laws demand that college athletes, like everyone else in our free market economy, benefit appropriately from competition.” NCAA President Mark Emmert expressed frustration with the delay in changes and acknowledged that many student-athletes would also be “profoundly disappointed and…even angry” but again committed to modernizing the rules.

ED Announces State Education Relief Allocations
The Department of Education released funding allocations for individual states as contained in the Governor’s Education Emergency Relief (GEER) Fund contained in the Coronavirus Response and Relief Supplemental Appropriations Act of 2021. Allocations for this round of funding, which is just over $4 billion in total, is based on the 2019 state-level ages 5-to-24 resident population data that the U.S. Census Bureau released in June 2020, and the Title I, Part A formula count from the FY21 preliminary Title I, Part A allocations. State governors generally have wide latitude to distribute this aid as they see fit but are also required by the legislation to provide a certain amount to “non-public schools” within their state. 

ED Updates College Scorecard
The Department of Education announced updates to the College Scorecard designed to increase transparency and accountability. The College Scorecard now shows the percentages of borrowers at individual colleges and universities who fall into eight loan repayment statuses and includes the percentage of student loans paid down by cohorts of students 1, 4, 5, 10, and 20 years after entering repayment.

Labor Department Finalizes H-1B Visa Salary Hike
Following a recently finalized Department of Homeland Security (DHS) rule eliminating the H-1B visa lottery in favor of a wage-based preference for visa issuance, the Department of Labor (DOL) has now finalized its own rule that drastically increases the salary levels necessary to be considered for the visa. Although several legal challenges to each agency’s  rule changes have been successful, they have persisted in finalizing the rules while the legal challenges are ongoing. NACUBO joined amicus briefs in two of these cases, where colleges and universities are primary challengers to the rule, and joined several comment letters to both agencies expressing concern with both the timing and content of the changes. The rule changes are set to take effect in March, and the incoming Biden administration may temporarily halt and ultimately revoke the rules.

Previous Edition

NACUBO On Your Side: December 22, 2020-January 11, 2021


Megan Schneider

Senior Director, Government Affairs


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