By Sean Robins, NACAC’s director of advocacy
Welcome to this issue of the Advocacy Update on NACAC’s Admitted blog. As we head into the final weeks of the year, I’m struck by how much our community continues to carry — and how consistently our members show up for students despite the volatility of the policy landscape. This past week brought a series of fast-moving legislative, regulatory, and legal developments that will shape the environment in which students make decisions about their futures. While the pace of change remains challenging, the work you do every day brings clarity, stability, and hope to students navigating an increasingly complex system. NACAC remains grateful for your leadership and deeply committed to ensuring your experiences guide our advocacy at the federal level.
Policy & Legislative Updates
At the national level, the Supreme Court issued a shadow-docket ruling allowing Texas to use redrawn congressional maps in 2026 for the upcoming midterm elections, despite a lower court finding that the plan was likely an unconstitutional racial gerrymander. Civil rights groups warn the decision sidelines communities of color and reflects a broader pattern: high-stakes election questions increasingly being resolved through emergency orders rather than full judicial review. These decisions ripple into our work, shaping the political context in which education policy is debated and implemented.
As the Education Department moved into negotiated rulemaking this week, much of the focus was on the future of Workforce Pell and whether existing accountability systems adequately protect students. The Education Department’s new AHEAD proposal outlines the first regulatory framework for short-term Pell-eligible programs, including completion and job-placement thresholds, a “value-added earnings” test, and a dual state–federal approval process. The proposal also introduces a significant new eligibility restriction for all Pell recipients: students whose non-federal aid meets or exceeds their cost of attendance would lose Pell eligibility, forcing institutions to adjust aid packages or return Pell funds. At the same time, a major unresolved question remains whether undergraduate certificate programs — explicitly exempted from Congress’s new Do No Harm earnings test — will face any meaningful oversight going forward. With Workforce Pell expansion moving forward and accountability gaps widening, this week’s negotiations will determine whether federal funds continue to support low-value pathways or whether protections will evolve to meet student and taxpayer expectations.
Federal instability is also intensifying. More than 30 Senate Democrats recently warned that the department’s efforts to shift core functions to other agencies may be unlawful and risk eroding longstanding student supports — including TRIO, GEAR UP, and the Postsecondary Student Success Grant Program. The letter underscores a growing concern on the Hill: interagency transfers are deepening operational instability at a moment when students and institutions most need clarity.
That concern is mirrored inside the department itself. After attempting to lay off more than 260 civil rights employees, the Education Department is now requiring those same workers to return due to a backlog exceeding 25,000 unresolved discrimination complaints. The reversal reflects the profound operational strain created by workforce reductions and the severe risks posed to students and families awaiting legally required protections. Efforts to dismantle the department continue to collide with the realities of its core enforcement responsibilities.
Legal and fiscal uncertainty is affecting K–12 programs as well. A federal appeals court temporarily reinstated funding for 49 school mental health projects the Turmp administration attempted to cancel, but the department has not committed to sustaining these grants through the end of the year or awarding new funding on schedule. Districts and states remain in limbo, navigating conflicting directives while trying to sustain services students rely on. The instability highlights the urgent need for predictable timelines and adherence to congressional intent under the Bipartisan Safer Communities Act.
Students and families are also beginning to see new federal transparency tools. The FAFSA now includes a “lower earnings” warning for institutions where graduates earn less than adults with only a high school diploma. While the flagged institutions represent about 23 percent of colleges in the department’s database, they enroll fewer than 3 percent of all undergraduates and receive approximately $2 billion of the more than $100 billion in annual federal student aid. The list is dominated by for-profit colleges and cosmetology programs, reflecting long-standing concerns about poor labor market outcomes and high debt-to-earnings ratios in these sectors. Although consumer protection advocates view the move as an important step toward clarity, higher education groups continue to raise questions about data quality, regional wage variation, and the blunt nature of institution-level labeling. Even so, this shift signals the federal government’s accelerated push toward outcomes-based accountability ahead of next year’s implementation of the Do No Harm earnings test.
The Pell Grant program faces a separate long-term challenge. A new analysis from the Committee for a Responsible Federal Budget warns that, despite a $10.5 billion infusion this summer, the Pell reserve remains on track for a $61–$97 billion shortfall over the next decade. Workforce Pell expansion has increased program costs, and without structural solutions, the nation’s core need-based aid program will continue to face recurring instability.
In the K–12 arena, declining enrollment is prompting states to revisit longstanding questions about the sustainability of small school districts. Wisconsin’s latest push for voluntary consolidation mirrors conversations underway in several states as communities grapple with governance, transportation, staffing, and identity concerns. Even with incentives and feasibility studies, consolidation is not a remedy for broader funding inequities or rural resource constraints. As pandemic-era “hold harmless” policies expire and enrollment continues to fall, more districts may face difficult structural decisions.
Borrowers are also confronting renewed uncertainty. The Trump administration has reached a settlement with Missouri to formally end the SAVE repayment plan — pending court approval — accelerating the timeline set by OBBBA. Nearly eight million borrowers could soon be transitioned into new “legal repayment plans” with no clear alternatives or forgiveness pathways. Advocates warn that this abrupt shift heightens the risk of default for borrowers already navigating inconsistent federal policy.
Significant changes are also emerging in accreditation. The Education Department’s new Request for Information explicitly invites commenters to propose revisions aligned with the administration’s ideological priorities: restricting DEI, expanding “intellectual diversity,” curbing grade inflation, and removing race, ethnicity, and gender from outcomes measures. While there is room to strengthen standards around program quality and student outcomes, the RFI signals how easily accreditation could become a vehicle for ideological requirements outside of formal rulemaking.
The administration’s broader effort to restructure the Education Department through interagency agreements is drawing increased scrutiny. A new analysis from the Center for American Progress reinforces what we and many partners have been warning: these transfers are not a streamlining exercise, but an unlawful attempt to dismantle the department by shifting major K–12, higher education, and workforce programs to agencies that lack the expertise, statutory authority, or operational capacity to administer them. The agreements would fragment oversight across multiple departments, move billions of dollars in programs such as Title I, TRIO, GEAR UP, CCAMPIS, and the Postsecondary Student Success Grant Program, and create new bureaucratic steps for institutions already struggling with rapid policy swings. CAP also underscores that these actions circumvent Congress’s role in establishing and organizing federal agencies — mirroring earlier efforts to downsize the department through executive order, workforce reductions, and policy reinterpretations. Rather than reducing duplication, the transfers would slow funding, confuse points of contact for states and institutions, undermine equity initiatives, and destabilize core services that students and families rely on every day.
Even amid this volatility, the evidence remains clear that educational investments generate broad public benefits. A new UCLA Civil Rights Project report finds that closing gaps in early childhood access, high school completion, and college attainment — particularly for Black and Hispanic students — could yield up to $72.6 billion in annual public benefits. These findings reinforce that equitable investments strengthen our national economic future, while recent federal cuts and policy shifts move in the opposite direction.
Finally, new research highlights the growing fear and instability facing international students. A national survey from Stop AAPI Hate found that most international students feel unsafe, uncertain about their visa status, and hesitant to participate fully in campus or civic life. Many expressed fears of surveillance, detention, or family separation. Institutions continue working to support affected students, but gaps in legal guidance and immigration clarity persist.
Amid these challenges, employer confidence in higher education remains strong. A new AAC&U–Morning Consult survey shows seven in ten employers continue to trust colleges and universities and believe degrees retain their value. Employers emphasize communication, problem-solving, ethical judgment, and AI literacy as essential skills — and affirm that diverse perspectives and open dialogue remain central to workforce readiness.
Across all of these developments, the through-line is clear: stability, transparency, and student-centered policymaking are urgently needed. NACAC will continue monitoring these shifts closely, engaging federal partners, and ensuring that the experiences of our members — and the students they serve — remain front and center in national debates.
NACAC Advocacy
This week, NACAC continued its federal engagement on multiple fronts as policymakers move quickly on issues that directly affect students, institutions, and the professionals who support them. We met with coalition partners to coordinate strategies that defend equitable pathways to postsecondary education and to ensure the field is prepared for the rapidly evolving landscape surrounding negotiated rulemaking on Workforce Pell. These discussions remain essential as the AHEAD proposal raises new concerns about program quality, student protections, and the implementation burdens institutions may face.
NACAC also submitted formal comments on the Education Department’s revised ACTS proposal, reiterating the significant feasibility, accuracy, and privacy concerns our members have consistently raised. While we appreciate the department’s decision to limit ACTS to four-year institutions, the revised proposal still presents major operational challenges — from unclear definitions and unrealistic reporting expectations to the risk of generating misleading or easily misinterpreted admissions data, particularly regarding race. Members continue to warn that the proposal would divert scarce staff time away from direct student support and require data many colleges do not currently collect or maintain.
In our comments, we urged the department to delay implementation, engage practitioners meaningfully in developing clearer guidance, restore technical assistance, and adopt stronger privacy safeguards. Our goal remains consistent: ensuring any federal reporting requirements strengthen accuracy, equity, and transparency without undermining the work that supports students’ access to college.
Ways You Can Take Action
We are continuously updating our Take Action page with opportunities to make your voice heard. If you have not already, I encourage you to advocate on the urgent issues below. You can also view all active advocacy campaigns in the yellow column of the Take Action page.
- Tell Congress: Protect FSEOG and Work-Study Funding
- Tell Congress: Save TRIO and Support College Access
- Tell Congress: Prioritize Visa Appointments for International Students and Scholars
- Urge Congress to Protect Postsecondary Pathways
- Tell Congress: International Students are Essential to America’s Safety, Economy, and Global Strength
- Tell Congress to Not Abandon Our National Commitment to Education
- Urge Congress to Protect Disabled Students
- Don’t Flunk the Future Advocacy Toolkit
Through every challenge we have navigated this year, what continues to stand out is the strength, generosity, and resolve of this community. Your work — advising students, guiding families, shaping institutional decisions, and lending your voice to advocacy — anchors our field during a period of extraordinary uncertainty. NACAC will continue pressing for stability, transparency, and policies that reflect the realities you see every day, but it is your commitment that gives this work purpose and momentum.
I am reminded of Grace Lee Boggs’s powerful reflection:
“We never know how our small activities will affect others through the invisible fabric of our connectedness. In this exquisitely connected world, it’s never a question of ‘critical mass.’ It’s always about critical connections.”
As we begin to close out 2025, I want to express my deep gratitude for all you do to support students and uphold the values that define our profession. Your efforts, both visible and unseen, move this work forward in ways that matter.