Washington Update

Congress Approves $1.2 Trillion Spending Package, Rejecting Proposed Cuts to Education and Research 
President Trump on Tuesday signed into law a Fiscal Year 2026 spending package ending the partial government shutdown that began on January 31. The legislation funds the federal government through September 30 with the exception of the U.S. Department of Homeland Security, which is funded through February 13. 

The funding package largely rejects steep proposed cuts to federal research agencies and student aid in the President’s Budget Request and early House proposals. Additionally, many of the bills within the funding package contain policy language to block the White House Office of Management and Budget (OMB) from making changes to facilities and administrative (F&A) rates. More details are available on APLU’s tracker of F&A legislative language. 

APLU President Waded Cruzado sent a letter to congressional appropriators thanking them for their leadership in investing in pathbreaking scientific research and sustained investment in the Pell Grant, Supplemental Education Opportunity Grants, and Federal Work Study programs. Additionally, President Cruzado urged Congress to “exercise its full oversight responsibilities to ensure federal agencies spend appropriated funds in accordance with Congress’ carefully considered direction and intent.”  

The Big Picture: President Trump previously signed into law a minibus containing the FY26 Commerce-Justice-Science-Energy-Water, and Interior-Environment appropriations bills on January 23 as well as legislation that funds the Department of Agriculture on November 12. The Homeland Security bill is the only remaining bill not funded for the remainder of FY 2026. 

Key Resource: APLU’s analysis of FY26 appropriations bills includes a chart with the status of each bill, funding levels, and policy provisions of interest. 

ED Announces Accreditation Negotiated Rulemaking  
On January 27, the U.S. Department of Education (ED) announced its intent to undergo negotiated rulemaking on accreditation. Per the notice, ED will propose regulations on ten issues related to accreditation, including simplification and streamlining of various accreditation processes, including accreditor approval and a “review of the role that accrediting agency standards have played in promoting violations of Federal law, including unlawful discrimination by member institutions.” Additionally, ED intends to consider how accreditors may consider intellectual diversity in accreditation.   

ED Publishes Reimagining and Improving Student Education Noticed of Proposed Rulemaking  
On January 30, the Department of Education published a notice of proposed rulemaking that includes the consensus language reached by the RISE negotiated rulemaking committee. The language outlines definitions of graduate and professional programs among other student aid issues. Comments on the proposed rule are due Monday, March 2.  

Go Deeper: APLU developed a summary memo outlining the consensus language in November following the conclusion of the committee’s negotiations.  

APLU is preparing a comment letter in response to the notice. 

Federal Government Drops Appeal of ED Dear Colleague Letter 
On January 22, the federal government dropped its appeal of the District Court for Maryland ruling, which vacated the U.S. Department of Education’s Dear Colleague Letter. The letter provided the administration’s expansive interpretation of the Supreme Court’s (SCOTUS) decision in Students for Fair Admissions v. Harvard (SFFA). 

Although the SFFA decision was tailored to race and admissions, the administration’s Dear Colleague Letter took additional steps in determining that other considerations of race within education were also unlawful given the SCOTUS ruling.  
 
The Bottom Line: In its ruling, the district court found violations of the Administrative Procedures Act as well as constitutional deficiencies. The ruling, which now stands, invalidated the Dear Colleague Letter, an accompanying FAQ document, and an April departmental notice.