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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

ED Begins Title IX Review
Prompted by a recent executive order, the Department of Education announced that it has begun a review of Title IX regulations, including changes made to the rule by the Trump administration last year. ED’s notice states it will issue new guidance on schools’ responses to campus sexual misconduct and hold a public hearing ahead of an anticipated Notice of Proposed Rulemaking once its review of the existing rule is complete. Separately, the Department of Justice has issued a memo concluding that elements of the Supreme Court’s recent decision on gay and transgender rights in Bostock v. Clayton County applies to all government agency policies, including Title IX. The memo concludes that Title IX’s prohibition on discrimination “on the basis of sex” also includes discrimination on the basis of gender identity and sexual orientation.

Administration Action

President Releases First Budget Request
President Joe Biden has released the first budget request of his administration; it is anticipated that the White House will share a more detailed request in the coming months. While the president’s request holds no official power over congressional appropriations activity, it often offers a good indication of the administration’s priorities. This request calls for sizeable infusions to research endeavors at the National Institutes of Health and the Centers for Disease Control and Prevention, new investments in K-12 education, and funds to help combat veteran homelessness, among other items.

Judicial Action

Oral Arguments Begin in NCAA Supreme Court Case
The first oral arguments in the case of NCAA v. Alston have begun in the U.S. Supreme Court. The case is primarily one of antitrust concerns and challenges the overall rulemaking authority of the National Collegiate Athletic Association (NCAA) in college athletics. NACUBO joined 10 other higher education associations in submitting an amicus brief in support of the NCAA, arguing that judicial micromanagement is unworkable and inconsistent with the core educational mission of collegiate athletics, that higher education institutions are better suited to regulating collegiate athletics than courts, and that universities and their related student-athlete endeavors are not profit-seeking enterprises. The final decision in this case, which could alter much of the current model of intercollegiate athletics, is not expected before June.

Take Action

Explore NACUBO’s New HEERF Resource Center
A new resource for members, the Higher Education Emergency Relief Fund (HEERF) Resource Center is now available. The latest NACUBO analysis of HEERF guidance, links to past and upcoming COVID-19 Town Halls, Department of Education HEERF resources, and more can now all be found in one convenient location on the NACUBO website.

Previous Edition

NACUBO On Your Side: March 30-April 5, 2021


Megan Schneider

Senior Director, Government Affairs


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