CSPEN Focused On Directives Important to Education In Today’s Executive Orders
Overview
Shortly after President-elect Donald J. Trump is sworn in as the 47th President of the United States of America (estimated to take place at 11:47 AM ET, or in 5 minutes) he will move to a rally in the Capital One Center where he intends to provide additional remarks and sign the first in a series of unprecedented number of Executive Orders intended to immediately redirect a myriad of federal policies. The media has focused their collective attention on the portion of the estimated fifty to 100 declarations on policy issues related to federal policies on immigration, workforce, energy and the environment, the economy, gender issues, and diversity, equity, and inclusion programs.
While many of these declarations will take effect immediately, many will also provide for a ninety (90) day pause on any further actions in order to enable the new incoming Trump Administration to assess the regulatory landscape of all the federal agencies, new, recently promulgated regulations and actions, and also the status of existing regulations which have pending or upcoming reporting and implementation deadlines.
While tracking the nexus between many of these issues and education policy, CSPEN has had the honor to work with members of our community and contacts high within President-elect Trump’s leadership to recommend language for consideration with respect to many of the revisions and additions finalized under the Biden-Harris Administration. Here is a copy of the two key recommendations that were presented to the White House on behalf of all students, institutions, and employers of our nation’s skilled workforce relating to a ninety-day freeze on anything related to:
“With respect to regulations that have been published in the (Federal Register) but have pending litigation, as permitted by applicable law, temporarily postpone enforcement for 90 days from the date of this memorandum, subject to the exceptions described in paragraph (1), for the purpose of reviewing questions of fact, law, and policy they raise. In cases where enforcement has been delayed in order to review questions of fact, law, or policy, you should consider potentially proposing further notice-and-comment rulemaking. For those regulations that raise substantial questions of law or policy, agencies should notify the OMB Director and take further appropriate action in consultation with the OMB Director.
With respect to regulations that have been published in the (Federal Register) but have been determined, by internal agency review, to be subject to a Loper Bright challenge, as permitted by applicable law, temporarily postpone enforcement for 90 days from the date of this memorandum, subject to the exceptions described in paragraph (1), for the purpose of reviewing questions of fact, law, and policy they raise. In cases where enforcement has been delayed in order to review questions of fact, law, or policy, you should consider potentially proposing further notice-and-comment rulemaking. For those regulations that raise substantial questions of law or policy, agencies should notify the OMB Director and take further appropriate action in consultation with the OMB Director.”
What’s Next
CSPEN will be actively reviewing all the Executive Orders and will share updates either later today or tomorrow at the latest with a summary of the key declarations important once again to students, the higher education community, military families and veterans as it relates to education, and our nation’s employers.
We also wanted to take this opportunity to thank all the individuals within our community who worked together to develop, promote, and place their requests in the hands of top-level leadership within the incoming Administration!
More to follow….
