Rep. Virginia Foxx (R-NC), the chair of the House Committee on Education and the Workforce, issued a subpoena to Education Secretary Miguel Cardona on July 25 to compel the Department of Education (ED) to answer up for the Better FAFSA debacle. [Inside Higher Ed]

Rep. Foxx argued that the subpoena was “the only logical next step” because ED has been uncooperative with Congressional inquiries. 

Earlier this year, Rep. Foxx and Sen. Bill Cassidy (R-LA)—the top Republican on the Senate Committee on Health, Education, Labor, and Pensions (HELP)— accused the Biden administration of “hiding evidence” and “stonewalling” the Government Accountability Office’s (GAO) investigation into last year’s FAFSA rollout. [Politico Pro, subscription model; Higher Ed Dive]

  • Zoom in: The subpoena requires ED to produce three years’ worth of communications and documents related to the planning, development, and implementation of the new financial aid form which had been previously requested by Congress and GAO by August 8.

What’s next: ED confirmed that it had received the subpoena and that it would respond to Rep. Foxx. However, an ED spokesperson pushed back on Rep. Foxx’s accusations of noncompliance as an “unnecessary political stunt” and said the Department has been responsive to GAO and Congressional requests. Read more about ED’s response to the FAFSA probe from Politico.

Why is this happening? According to the National College Attainment Network (NCAN), as of July 12, FAFSA completion for the high school class of 2024 is down 10.9% compared to the year prior, meaning that an estimated 241,000 students will not receive financial aid this year. Access to federal financial aid often makes-or-breaks a student’s ability to afford college, which may result in declines in college enrollment and completion.

Read more about the Better FAFSA from our team: