Over the past few weeks, the U.S. Department of Education has withdrawn a handful of key policy proposals intended to deliver on the promises of the Biden administration. According to the Department, these decisions are due to a lack of resources, time, or both as Biden’s presidency winds down and the federal government prepares for the incoming Trump administration.
Here’s what’s been nixed, and what you need to know:
Streamlined School-based Medicaid Reimbursement
ED withdrew a proposed rule that would have made it easier for schools to be reimbursed for Medicaid-eligible health services on December 27.
The proposed rule sought to remove a provision from the Individuals with Disabilities Education Act (IDEA) that required one-time parental consent before schools could submit first-time invoices for school-based specialized services rendered to students eligible for Medicaid, CHIP, and other public health benefits programs.
Opponents of the proposed rule including Moms for Liberty and the National Disability Rights Network say the decision reaffirms the importance of parental rights and consent in healthcare decisions for their children. [K-12 Dive]
Title IX Protections for Transgender Athletes
On December 20, ED filed a withdrawal notice for its highly controversial Title IX rule to prevent blanket bans on transgender students’ participation on school sports teams that are aligned with their gender identity. [Higher Ed Dive]
According to ED, more than 150,000 comments were submitted during the proposed rule’s 30-day comment period. Many commenters argued that the proposed rule was “unclear” or “overly complex,” which would make it too difficult to implement and enforce. Additionally, the proposed rule was facing multiple lawsuits across the country, which ultimately led to ED’s decision to withdraw.
The new, GOP-controlled House has identified this issue as a top legislative priority and will consider the Protection of Women and Girls in Sports Act, reintroduced by Rep. Greg Steube (R-FL), in the coming weeks. The bill was also introduced in the Senate by Sens. Jim Risch (R-ID), Mike Crapo (R-ID), and Tommy Tuberville (R-AL). The bill seeks to amend Title IX to prohibit federally funded schools and colleges from allowing transgender women and girls to play on school sports teams consistent with their gender identity, a measure which President-elect Donald Trump has publicly supported. [Higher Ed Dive; PBS]
Student Loan Forgiveness
Just after Christmas, a motion to withdraw the Biden administration’s student loan forgiveness proposals was published in the Federal Register. “The Department at this time intends to commit its limited operational resources to helping at-risk borrowers return to repayment successfully,” Education Secretary Miguel Cardona said of the decision. [USA Today]
- Read more from our team about the impacted policy proposals, which would have provided automatic, one-time relief to borrowers likely to default in the next two years and an application-based pathway to debt relief for borrowers facing financial hardship.
With mass student loan forgiveness plans withdrawn and the SAVE plan under legal scrutiny, advocates are encouraging borrowers to take stock of what pathways to debt repayment or forgiveness remain available to them. ED recently announced the reinstatement of two income-driven repayment plans, the Pay As You Earn (PAYE) Repayment Plan and Income-Contingent Repayment Plan, both open for enrollment until July 1, 2027.
It’s also worth considering that during his first term, Trump called for the elimination of the Public Service Student Loan Forgiveness (PSLF) program, a sentiment echoed in the Heritage Foundation’s Project 2025. Because PSLF is codified into federal law, it would require Congressional action to get rid of; however, with a Republican majority in both the House and Senate, it’s not likely but not impossible. [CNBC]