NACAC Advocacy and Policy Updates for October 27, 2026

By: Sean Robins

Welcome to this issue of the Advocacy Update. It was wonderful to connect with so many NACAC members earlier this month at NACAC Conference 2026 in Minneapolis. The conference provided an opportunity to reconnect with colleagues, hear directly from members about the challenges and opportunities facing students and institutions, and engage in meaningful conversations about the future of college admission counseling. I left Minneapolis energized by the dedication of our members and the important work happening across our profession.

As we look ahead, we are just one week away from the 2026 midterm elections. On Tuesday, Nov. 3, voters will decide all 435 seats in the U.S. House of Representatives, 35 U.S. Senate seats, and 36 governorships, along with numerous state legislative and local races. Depending on where you live, your ballot may also include important state and local policy measures. These elections will help shape federal and state policy priorities, including decisions affecting education funding, college affordability, and access to postsecondary education.

Early voting has already increased compared with the same point in the 2022 midterm elections in several states, reflecting heightened engagement ahead of Election Day. Whether you plan to vote early, by mail, or on Election Day, I encourage you to make a plan to vote. Take time to review what is on your ballot, confirm your polling location and voting requirements, and ensure your ballot is cast by Nov. 3.

In this issue, we will explore recent federal policy developments affecting students and institutions, along with NACAC’s ongoing advocacy efforts to support our members and strengthen access to postsecondary education.

Policy & Legislative Updates

Federal education funding remains a significant concern as Congress works on fiscal year 2027 appropriations. The current continuing resolution funds most federal programs through Dec. 11, leaving decisions about college access, student aid, and educational support programs unresolved. These discussions are particularly consequential for the Pell Grant program, which supports more than seven million students annually and faces a projected funding shortfall. Maintaining the program’s financial stability remains essential to ensuring that students from low-income backgrounds can access and afford postsecondary education.

Funding concerns extend beyond appropriations. In September, the Trump administration moved to cancel approximately $810 million in previously appropriated funding through a controversial pocket rescission, including nearly $100 million for education programs supporting international education, foreign language instruction, and migrant students. The action prompted legal challenges over the administration’s authority to cancel congressionally approved funding. The Government Accountability Office has previously concluded that pocket rescissions violate the Impoundment Control Act.

The Department of Education is also pursuing changes to federal grant administration. Proposed revisions to the Education Department General Administrative Regulations (EDGAR) would expand its authority to terminate grants and impose additional conditions on recipients, while changes to grant disbursement practices have raised concerns about funding predictability. Beginning Nov. 1, the department will require all grant recipients to justify each request to draw down federal funds under “Defend the Spend,” a process established through a 2025 executive order. Grantees must provide expenditure information within a 255-character limit, raising concerns about additional administrative burdens and potential payment delays.

Amid these developments, the Department of Education recently awarded an additional $39 million in TRIO funding, bringing the total to approximately $225 million. The funding supports programs serving first-generation college students, students from low-income backgrounds, and students with disabilities. While the additional awards provide relief following earlier uncertainty, questions about future funding and grant administration reinforce the importance of sustained investments in college access and student success.

Recent reporting has also raised questions about the future of the Department of Education’s Office of Federal Student Aid (FSA). The Trump administration is reportedly considering establishing FSA as an independent federal agency by October 2027, although the department has disputed these reports. Such a change would require congressional authorization, as federal law currently places FSA within the department. With certain student loan responsibilities already being transferred to the Treasury Department, further restructuring raises concerns about continuity of services and the administration of federal student aid.

These discussions come amid ongoing changes to student loan programs and repayment options. A recent Congressional Research Service report found that the share of borrowers with federally held loans in default increased from 12 percent to 19 percent between the third and fourth quarters of fiscal year 2025. The findings highlight concerns about loan servicing, repayment, and the financial consequences borrowers face.

There has also been a significant development involving Public Service Loan Forgiveness (PSLF). On Oct. 21, the Trump administration withdrew two appeals of federal court rulings that struck down its changes to PSLF eligibility requirements. The administration had sought to give the Department of Education authority to disqualify employers from the program if they engaged in activities deemed to have a “substantial illegal purpose,” including certain activities related to immigration, diversity, equity, and inclusion, and gender-affirming care. This would have prevented employees of disqualified organizations from earning qualifying credit toward loan forgiveness through their employment. With the court rulings remaining in place, the overturned restrictions cannot take effect, preserving existing PSLF eligibility requirements for borrowers pursuing careers in public service, including education.

Institutional reporting and accountability remain another area of federal activity. The Admissions and Consumer Transparency Supplement (ACTS) has raised concerns about administrative burden and data reliability. Research from the American Institutes for Research and the Urban Institute found that 98 percent of participating institutions spent more time completing ACTS than typical federal reporting, 28 percent spent at least 400 staff hours, and only 17 percent had all requested undergraduate data readily available. These findings, alongside additional analysis and the department’s current proposed rulemaking, raise questions about whether the reporting requirements can produce reliable information without imposing unnecessary burdens on institutions.

As institutions prepare for changes under OBBBA, new research is informing discussions about institutional accountability, student outcomes, and the value of postsecondary education. Reports from Postsecondary Employment Outcomes and Earnings Research (PEER) and the Institute for Higher Education Policy (IHEP) examine earnings, employment outcomes, affordability, and institutional performance. Separately, oversight investigations involving the Department of Education’s Office of Inspector General raise questions about federal program administration and the accountability mechanisms intended to protect students and taxpayers.

Student success also extends beyond initial enrollment. New research from the National Student Clearinghouse Research Center highlights the complexity of enrollment, transfer, and degree completion pathways. Additionally, colleges are exploring strategies such as direct admissions, expanded financial assistance, and simplified enrollment processes to improve access and completion. These efforts reinforce the importance of supporting students throughout their educational journeys.

Affordability remains a significant challenge. A recent UnidosUS survey found that while 76 percent of Latino college students believe a degree is worth the cost, 65 percent have considered leaving college. Financial pressures and basic needs insecurity continue to affect persistence and completion, while some institutions are exploring loan repayment assistance programs to support graduates entering lower-paying careers.

Financial pressures are also affecting institutions. Declining enrollment, demographic shifts, and changes in international student mobility are leading some colleges to draw on endowments to address budget shortfalls. Bloomberg reported that nearly 200 private colleges borrowed from restricted endowment funds in 2025, compared with approximately 130 in 2021. While these resources can provide short-term relief, continued reliance raises questions about institutional sustainability and potential consequences for students and academic programs.

International student policies are adding to these pressures. Recent research found that participation in Optional Practical Training (OPT) reached approximately 294,000 students, highlighting its role in connecting international graduates with professional opportunities. In October, the Department of Homeland Security proposed fees of $70,000 for an initial OPT recommendation and $30,000 for subsequent recommendations, including STEM extensions. Institutions would be responsible for the fees but could pass costs to students or employers. Higher education organizations have raised concerns about the potential effects on international enrollment, professional opportunities, and the nation’s ability to attract global talent.

The evolving legal landscape surrounding college admission practices continues to create challenges. The Department of Justice has expanded its scrutiny of admission policies, including allegations of racial discrimination involving Ohio State University’s College of Medicine, which the institution disputes. Meanwhile, some colleges are restructuring programs supporting historically underserved students around broader eligibility criteria, including first-generation status and family income. These changes raise questions about whether revised programs will continue addressing the distinct barriers experienced by the students they were originally designed to serve.

Federal litigation involving in-state tuition equity policies is also shaping college access. On Oct. 1, the Department of Justice sued the University of Delaware, marking its first direct challenge to an individual institution’s tuition policy rather than a state law. In a separate development, a federal court ruling issued Oct. 5 upheld Virginia’s tuition equity law, allowing eligible undocumented students to continue qualifying for in-state tuition. These cases highlight the implications of ongoing legal challenges for students’ access to affordable postsecondary education.

Federal courts are also clarifying the scope of the administration’s diversity, equity, and inclusion policies. A recent ruling allowed the administration’s anti-DEI executive order to remain in effect while recognizing limits on its application and clarifying that lawful diversity-related activities are not categorically prohibited. The decision reinforces the importance of distinguishing federal enforcement priorities from institutions’ legal obligations.

Civil rights enforcement remains another area of concern. A ProPublica investigation found that the Department of Education’s Office for Civil Rights initiated 1,839 investigations between January 2025 and July 2026, averaging approximately 100 per month, compared with 310 monthly in 2024. The decline, despite continued discrimination complaints, raises questions about federal enforcement capacity and student protections.

Accreditation is also experiencing changes in federal oversight. The Department of Education restricted the National Accrediting Commission of Career Arts and Sciences (NACCAS), which primarily accredits cosmetology and related career education programs, from accrediting new institutions while addressing compliance concerns. The decision follows concerns about oversight and transparency, including shortcomings documented in a New America investigation. Separately, the newly established Commission for Public Higher Education approved its first institution, Florida Polytechnic University, although it has not yet received federal recognition. These developments highlight ongoing questions about accreditation standards, institutional accountability, and student protections.

NACAC Advocacy

NACAC continues to engage with policymakers and coalition partners on federal policies affecting college access, affordability, and student success. In recent weeks, NACAC joined a coalition letter led by the American Council on Education raising concerns about proposed changes to the J-1 Exchange Visitor Program. The proposal would expand the circumstances under which an exchange visitor’s participation could be terminated. The coalition called for greater clarity, transparency, and due process, emphasizing the importance of predictable visa policies for international students, scholars, and other exchange visitors.

NACAC also endorsed the Higher Education Grant Flexibility Act of 2026, introduced by Sen. Chris Van Hollen (D-Md.). The legislation would allow students with disabilities who have an approved accommodation to take a reduced course load to receive the same amounts of Pell Grants, Federal Supplemental Educational Opportunity Grants (FSEOG), and TEACH Grants as students enrolled full time. This would help ensure that students do not have to choose between receiving necessary accommodations and accessing federal financial aid to pursue postsecondary education.

Additionally, NACAC has been working with coalition partners to elevate concerns about proposed changes to the Education Department General Administrative Regulations (EDGAR), including expanded authority to terminate federal grants and impose additional conditions on recipients. NACAC is also coordinating with partners in response to proposed Internal Revenue Service (IRS) regulations that could affect the tax-exempt status of private educational institutions and have broader implications for nonprofit organizations. These efforts reflect NACAC’s continued work to ensure that federal policies support college access and provide clarity for students, institutions, and the professionals who serve them.

Ways You Can Take Action

There are several ways to make your voice heard on the policies shaping college access and student success. With Election Day just around the corner, take time to review your ballot, confirm your voting options, and make a plan to participate in the Nov. 3 midterm elections. Decisions made by elected officials at every level of government have implications for students, institutions, and the professionals who support them.

As Congress continues its work on FY 2027 appropriations, your engagement is equally important. Encourage your members of Congress to prioritize federal investments in college access, financial aid, and programs that help students pursue and complete postsecondary education.

Your experiences also help strengthen NACAC’s advocacy. Share what you are seeing in your schools, institutions, and communities to help us better understand how policy developments are affecting students and families. You can also explore NACAC’s advocacy alerts and contact your members of Congress on issues affecting college access and higher education.

As we approach Election Day and reflect on the many policy developments affecting students and institutions, I am reminded of the words of the late Congressman John Lewis: “When you see something that is not right, not fair, not just, you have to speak up. You have to say something; you have to do something.”

These words serve as an important reminder that advocacy requires more than recognizing the challenges before us. It requires us to engage, share our experiences, and take action. My conversations with NACAC members in Minneapolis reinforced the dedication and expertise that our profession brings to these efforts, and the importance of ensuring that our voices are heard.

The opportunity to make a difference begins with each of us. I encourage you to participate in the upcoming election, remain engaged in the policy conversations affecting our profession, and continue advocating for policies that support students and expand access to postsecondary education. Together, our efforts can help shape a stronger future for the students and communities we serve.

Sean Robins is director of advocacy at National Association for College Admission Counseling (NACAC), where he leads federal and state advocacy efforts to advance policies that support college access, affordability, and student success.

Dec. 11 Federal Funding Deadline

Congress must address federal funding beyond the current continuing resolution, with decisions affecting Pell Grants, college access, and student support programs.

98% of Institutions Report Increased Burden

Research found that 98 percent of participating institutions spent more time completing ACTS reporting than typical federal reporting requirements.

65% of Latino Students Consider Leaving College

A UnidosUS survey found that 65 percent of Latino college students have considered leaving college, underscoring ongoing affordability and student support challenges.

19% of Borrowers in Default

The share of borrowers with federally held loans in default increased from 12 percent to 19 percent between the third and fourth quarters of FY 2025.