NDC Urges Congress to Confirm Linda McMahon, Outlines Veterans’ Education Policy Priorities
The Senate HELP Committee announced it will hold a confirmation hearing for Linda McMahon, President Trump’s nominee to serve as the next U.S. Secretary of Education, on Thursday, February 13.
The National Defense Committee urges Congress to approve Ms. McMahon’s nomination so she can begin correcting the Department of Education’s regulatory overreach and create long-term stability for veteran and military students.
In advance of Ms. McMahon’s hearing, the National Defense Committee sent a memo to Congress outlining policy priorities to enshrine veterans’ right to freely use their earned benefits and implement guard rails to prevent the regulatory system from being politicized.
The Department of Education’s attitude of “condescending paternalism” reached new heights under the Biden-Harris administration. The 119th Congress has an opportunity, if not a mandate, to work with the Trump-Vance administration to correct the numerous rule changes that restrict how servicemembers can use their benefits, threaten competition, strangle innovation, and limit military and veteran student choice.
It is imperative that Congress and the Trump-Vance administration act immediately. Here’s where they can start:
Rescind Unnecessary & Biased Regulations
The 90/10 and Gainful Employment Rules are glaring examples of regulations that apply only to proprietary schools. These rules are not meant to protect military and veteran students’ education benefits, but to protect the privileged market position the Department of Education has preserved for traditional private and public colleges.
Protect Distance Learning
Most college students enrolled in at least one online class during the 2022/23 academic year, and today over 40% of military students complete their post-secondary education exclusively online. NDC encourages Congress to pass the Ensuring Distance Education Act, introduced by Rep. Burgess Owens (R-UT) in the 118th Congress.
Clear the Program Participation Agreement (PPA) Backlog
Colleges and universities that receive federal student aid must complete and maintain a program participation agreement (PPA), a pledge to provide a quality education. Yet, over 5,000 programs at nearly 700 schools are on provisional status, which creates uncertainty for students and institutions. The Department of Education should clear the backlog and implement clear rules for reinstatement.
Provide Stability for Online Coursework Partnerships
Hundreds of top colleges rely on Online Program Managers (OPMs) for advice, technical support, and marketing web-based courses. The Biden administration tried to add regulations in 2023 but dropped its plans when scores of university administrators testified about the important role OPMs play in serving more students at a lower cost. Secretary-nominee McMahon should protect these partnerships from further meddling by codifying the bundled services exemption.
Drain the Negotiated Rulemaking Swamp
The Department of Education’s negotiated rulemaking regulatory process has become an opaque channel for the department to circumvent Congressional legislative intent and impose its own agenda. Congress should work with Secretary-nominee McMahon to provide transparency into the negotiated rulemaking criteria and selection process and require diverse, qualified veterans representation.
Empower, Don’t Punish, Alternative Paths to Higher Education
Over the past four years federal regulators pushed a regulatory agenda that looked down on military and veteran students and discouraged student choice. Working with the Trump-Vance administration, the 119th Congress has a chance to dismantle this regulatory crusade and finally provide nontraditional students with much needed certainty.
The National Defense Committee looks forward to supporting Congress, Secretary McMahon, and the Trump-Vance administration to ensure military and veteran students can freely use their earned education benefits and choose higher education options that best meet their needs.
Download the full Briefing Memo here.
