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Presidential Executive Order 13864 (Donald Trump, 2019)

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Executive Order 13864: Improving Free Inquiry, Transparency, and Accountability at Colleges and Universities was a presidential executive order issued by President Donald Trump (R) in March 2019 that sought to promote free inquiry, affordability, transparency, and accountability in postsecondary education. The order broadly aimed to "promote greater access to critical information regarding the prices and outcomes of postsecondary education," according to the text.[1]

Background

President Donald Trump (R) issued Executive Order 13864, titled " Improving Free Inquiry, Transparency, and Accountability at Colleges and Universities" on March 21, 2019. E.O. 13864 aimed to promote free inquiry in postsecondary education; sought to make higher education more affordable, transparent, and accountable; and sought to promote the goals of the National Council for the American Worker established by President Trump's Executive Order 13845.[1]

National Council for the American Worker

Executive Order 13845, issued by President Donald Trump on July 19, 2018, established the President's National Council for the American Worker tasked with developing recommendations for the president on policy and strategy related to the American workforce. Executive Order 13845 asked the council to develop recommendations for a national strategy to empower American workers through private employers, educational institutions, labor unions, and other organizations while fostering coordination between the federal government, educational institutions, and private employers on issues concerning the education and training of American workers.[2]

Provisions

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Purpose

Section 1 of E.O. 13864 stated that the purpose of the executive order "is to enhance the quality of postsecondary education by making it more affordable, more transparent, and more accountable." The executive order put forth the goal of making higher education institutions more accountable for student outcomes and student life on campus. The executive order further argued that the financial burden of higher education is a "national problem that needs immediate attention" and that the order "will promote greater access to critical information regarding the prices and outcomes of postsecondary education."[1]

Policy

Section 2 of E.O. 13864 listed the following five policies of the executive order:

  • "[E]ncourage institutions to foster environments that promote open, intellectually engaging, and diverse debate, including through compliance with the First Amendment for public institutions and compliance with stated institutional policies regarding freedom of speech for private institutions"
  • "[H]elp students (including workers seeking additional training) and their families understand, through better data and career counseling, that not all institutions, degrees, or fields of study provide similar returns on their investment, and consider that their educational decisions should account for the opportunity cost of enrolling in a program"
  • "[A]lign the incentives of institutions with those of students and taxpayers to ensure that institutions share the financial risk associated with Federal student loan programs"
  • "[H]elp borrowers avoid defaulting on their Federal student loans by educating them about risks, repayment obligations, and repayment options"
  • "[S]upplement efforts by States and institutions by disseminating information to assist students in completing their degrees faster and at lower cost."[1]

Improving free inquiry

Section 3 of E.O. 13864 sought to encourage free inquiry on campus. It directed the heads of agencies to coordinate with the director of the Office of Management and Budget to take steps to ensure that institutions receive federal funding to produce research related to free inquiry.[1]

Improving transparency and accountability

Section 4 of E.O. 13864 sought to improve transparency and accountability on campus. It ordered the secretary of education to make available a confidential website and mobile application to inform federal student loan borrowers of how much they owe and how much their monthly payment will be when they enter repayment. The order also directed the secretary of education to expand and update the College Scorecard with data for each degree and program that includes median student earnings, median Stafford loan debt, and median loan debt; and to expand and update the annual College Scorecard with institutional data for each higher education institution that included the student loan default rate and repayment rates for federal undergraduate student loans, graduate student loans, and parent student loans.[1]

Reporting requirements

Section 5 of E.O. 13864 required the secretary of education, in consultation with the secretary of the treasury, director of the Office of Management and Budget, and chairman of the Council of Economic Advisors, to submit a report to the president identifying and analyzing policy options for sharing the Irish associated with federal student loan debt among the federal government, higher education institutions, and other entities. The order further required the secretaries of education and the treasury to submit policy recommendations for reforming the collections process for federal student loans and directed the secretary of education to provide an annual update on the implementation of the order's policies.[1]

Responses

Beth Devonshire, writing for the Student Affairs Administrators in Higher Education, argued that the First Amendment in higher education is already protected by the courts, "Critics to this legislation have argued that much of the Rule is benign as grants are already conditioned on compliance with the First Amendment; private institutions must already adhere to their policies, or face consequences; Supreme Court decisions have already weighed in on schools responsibilities to fund religiously affiliated organizations; and additional clarification was not needed for Title IX."[3]

Bruce Hausknect, writing for the Daily Citizen, argued that court injunctions do not adequately protect First Amendment rights in higher education, and that Executive Order 13864 is necessary: "But colleges and universities have been slow to learn from court injunctions and the numerous lawsuits initiated by public interest law firms such as Alliance Defending Freedom on behalf of Christian students, teachers, and clubs over the years. The financial penalties created by the 2020 DOE rule helped ensure that institutions of higher learning start paying better attention to their constitutional responsibilities."[4]

Aftermath

The U.S. Department of Education on February 21, 2023, announced that it was conducting a review of regulations related to First Amendment freedoms such as those proposed by Section 1 of Executive Order 13864. Assistant Secretary of Postsecondary Education Nassar Paydar argued that the First Amendment protections of E.O. 13864 are no longer necessary:[5]

“ After its thorough review, the Department today issued a Notice of Proposed Rulemaking proposing to rescind a portion of the regulation related to religious student organizations because the Department believes it is not necessary in order to protect the First Amendment right to free speech and free exercise of religion given existing legal protections, it has caused confusion about schools’ nondiscrimination requirements, and it prescribed a novel and unduly burdensome role for the Department in investigating allegations regarding public institutions’ treatment of religious student organizations.[6] ”

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 Federal Register, Executive Order 13864, accessed April 19, 2023
  2. ↑ Presidency UCSB, Executive Order 13845, accessed May 1, 2023
  3. ↑ NASPA, The other final rule in which you need to be aware, accessed June 14, 2023
  4. ↑ Daily Citizen, Department of Education Wants to Rescind 2020 Rule Protecting Free Speech and Religious Freedom on College Campuses, accessed June 14, 2023
  5. ↑ ED Blog, Update on the free inquiry rule, accessed April 20, 2023
  6. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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