Education Secretary Betsy DeVos’ attempts to swiftly roll back major Obama-era policies at her agency are hitting a roadblock: federal courts
$150 million in student debt under those policies, which DeVos argues are too costly to taxpayers and unfair to colleges. Department officials also directed colleges to stop requiring students to sign mandatory arbitration agreements, forcing them to implementMore legal challenges are in the pipeline. A federal judge allowed a challenge to DeVos’ delay of rules governing online colleges to proceed.
Judges in the cases decided so far have said the Trump administration ran afoul of the Administrative Procedures Act, ruling that the department’s efforts to delay policies were arbitrary or lacked a reasoned basis. Every administration has wins and losses in court, Merrill said, but most have done better at making sure they follow the legal rules of the road for rulemaking.
In rejecting the Trump administration’s efforts to delay the policies, judges have largely focused on procedural problems. The federal judge striking down DeVos’ postponement of student loan regulations called her delays “unlawful,” “procedurally invalid” and “arbitrary and capricious.” The judge who rejected the delay of a special education rule faulted DeVos for failing to provide a “reasoned explanation” for stopping the policy.
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