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Higher Education Legal & Legislative Updates

Explore two key legal and legislative updates impacting higher education.

Two key legal and legislative activities were reported on Friday, November 15, 2024.

Federal Judge Strikes Down Overtime Rule

Barbara K. Mistick, president of the National Association of Independent Colleges and Universities, wrote in an email sent to members on November 15, 2024 that U.S. District Judge Sean D. Jordan had struck down the Biden Administration’s overtime rule. She pointed out that “The court’s decision effectively halts the increase in the overtime threshold that was scheduled to go into effect on January 1, 2025.”

She commented further that “The ruling is nationwide in scope, meaning it will affect all employers. It is unlikely the incoming Trump Administration will revisit the matter.”

U.S. District Judge Jordan wrote in his decision, “There is no likelihood that the Department can justify its decision on remand, given that the 2024 Rule plainly exceeds its authority under the FLSA.

FAFSA Deadline Act Passed

Most years, the Free Application for Federal Student Aid (FAFSA) form enabling families to begin the determination process for their level of student financial aid launches on October 1. The past two years, however, the launch was delayed.

Last year, the delay was extended into calendar year 2024, causing major setbacks and workflow compression for college and university admissions and financial aid departments. This extended delay may also have jeopardized college access for low-income students.

This year, the form was expected to again launch later than the usual October 1 date. Department of Education officials, however, made an announcement during a press call on Thursday, November 14 that they expect to beat the December 1 deadline originally set.

Responding to these delays, the U.S. House of Representatives on Friday passed the FAFSA Deadline Act, which calls for a mandated October 1 deadline. Currently, the department is required to release it by January 1 each year.

North Carolina Republican Virginia Foxx, chairwoman of the Committee on Education and the Workforce, called the bill, “a necessary measure” to protect the future of especially low-income students “by enforcing deadlines, ensuring transparency, and making certain that families receive the aid they depend on to make college accessible,” according to a committee press release.

For more information, please contact a higher education professional at Forvis Mazars.

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