Higher Ed Policy Roundup: Vol. 10 - Issue 21

This Week In Washington

Late last week, a federal court set a briefing schedule that will keep litigation over the Department of Education’s (ED) professional degree definition active through early December. For now, ED’s previous guidance expanding the eligible program lists for higher loan limits remains in effect unless the courts or ED takes further action.

ED also published a Federal Register notice requesting comment on a revised Public Service Loan Forgiveness (PSLF) and Temporary Expanded PSLF (TEPSLF) Certification and Application. The only major change removes the employer attestation that requires organizations to certify that they have not engaged in activities with a “substantial illegal purpose”. This change reflects a federal court’s June 30 decision vacating the underlying regulation before it took effect.

News You Can Use

According to a report by CBS News, defaults on student loans have increased since payments restarted. Roughly one in five federal student loan borrowers are in default, meaning they are more than nine months behind in their payments.

Experian published a report outlining how private lenders can prepare for families entering the private loan market due to limits set by the One Big Beautiful Bill Act. The report projects 12 to 14% year-over-year growth in private loan originations in 2026.

Recent Legislation

The following bill(s) have been recently introduced for consideration by the 119th Congress (2025-26):

H.R. 9748 – Protecting Student from Worthless Degrees Act [Rep. Raja Krishnamoorthi (D-IL-8)] would provide students with consumer protections by ensuring “predatory and worthless” degree programs are ineligible for federal financial aid.

H.R. 9881 – [Rep. Mark Takano (D-CA-39)] would modify the procedure for an institution of higher education to change the institution’s primary accrediting agency.

S. 5053 – Accreditation Reform and Enhanced Accountability Act [Sen. Elizabeth Warren (D-MA)] would take steps to reduce student debt and protect students and taxpayers by reforming accreditation and centering student outcomes and consumer protection.

S. 5064 – [Sen. Adam Schiff (D-30)] would modify the procedure for an institution of higher education to change the institution’s primary accrediting agency.

S. 5046 – [Sen. Tim Kaine (D-VA)] would prohibit the transfer of certain offices and functions of the Department of Education to other Federal agencies.