Memos, Directives, and Dear Colleague Letters
Acting Under Secretary James Bergeron Letter to Education Stakeholders
On March 14, 2025, Acting Education Under Secretary James Bergeron sent a letter to members of the higher education community addressing concerns about proposed the Reduction-in-Force (RIF) at the U.S. Department of Education. The letter clarified that the RIF would not affect staff involved in the administration of FAFSA or loan servicing but did acknowledge that certain functions within regional offices overseeing higher education issues may undergo realignment. Employees within the Office of Postsecondary Education will not be impacted by the personnel reductions.
U.S. Department of Education Guidance About Racial Preferencing
On March 1, 2025, in response to the U.S. Department of Education’s Dear Colleague Letter on racial preferencing, the agency released guidance to all educational institutions. The Department’s Office for Civil Rights issued the February 14 dear colleague letter to educational institutions receiving federal funds and notified them that they must cease using race preferences and stereotypes as a factor in their admissions, hiring, promotion, scholarship, prizes, administrative support, sanctions, discipline, and other programs and activities.
State Department Updates Interview Waiver Policy
On February 18, 2025, the U.S. Department of State announced changes to its visa interview waiver policy, reversing prior expansions related to in-person interview requirements. The updated policy reinstates the 12-month post-expiration period for visa renewals within the same category, replacing the previous rule that permitted interview waivers for applicants whose prior visa expired within the past 48 months. The new policy also eliminates the prior policy that allowed interview waivers for individuals who had a visa in one category but were applying for a visa in a different category. Applicants are expected to face longer visa appointment wait times due to the increased demand for visa interview appointments.
U.S. Department of Education Issues Dear Colleague Letter on DEI
On February 14, 2025, the U.S. Department of Education issued a Dear Colleague Letter (DCL) that expands the interpretation of the 2023 Supreme Court decision in Students for Fair Admissions v. Harvard (SFFA). The DCL interprets the SFFA decision to apply to more than just admissions. The DCL says, “Federal law prohibits covered entities from using race in decisions on admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and other aspects of student life.” The DCL says, “this letter provides notice of the Department’s existing interpretation of the federal law,” and all institutions are advised to ensure their policies complies with this interpretation. The Department recognizes that the DCL does not have the force and effect of law and does not bind the public or create new legal standards.
NIH Caps Indirect Cost Rate at 15-Percent
On February 7, 2025, the National Institutes of Health (NIH) issued supplemental guidance to its 2024 Grants Policy Statement, implementing a standard 15-percent indirect cost rate for all new and existing grants to institutions of higher education, effective February 10, 2025. This replaces negotiated indirect cost rates, aiming to allocate more funding directly to research. The policy applies prospectively to new grants and future expenses on existing awards but does not retroactively adjust previously awarded funds.
Office of Management and Budget Releases Memo on Federal Grants
On January 27, 2025, the Office of Management and Budget (OMB) issued a memorandum that “temporarily pauses” the obligation and disbursement of funds for all federal grants, loans, federal assistance programs, and other agency activities. A supplementary Q&A document provides further information on the memorandum.