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October 23, 2026

The Markup—Oct. 23, 2026

By  Katherine Knott

Hello! I’m your host, Jessica Blake, Inside Higher Ed’s federal policy reporter, and this is The Markup, IHE’s weekly roundup of all things higher ed policy.

Let’s start with an update. Last week, we learned that the Education Department was working to spin off its Federal Student Aid office into an independent agency. I dug into those reports and talked to experts about that plan. Folks are skeptical, to say the least. 

This week, the Trump administration threw in the towel—for now—on the effort to change which employers could be eligible for the Public Service Loan Forgiveness program. And another federal judge ordered the Education Department to amend its list of programs labeled as professional to add the doctor of naturopathic medicine. (As longtime Markup readers know, the professional designation means access to more federal student loans.) Groups that advocate for student borrowers count both developments as a win. 

Over all, it was another busy week on the beat, so let’s get to our four—yes, four—key developments from the week: 

 

1. Settlements return. The University of North Carolina at Chapel Hill is the first to settle this year with the Trump administration over alleged civil rights violations. Unlike previous deals with Columbia and Northwestern Universities, UNC won’t have to pay any fine. Instead, it will adopt race-blind policies for scholarships and hire a coordinator to respond to complaints of antisemitism, among other provisions.

UNC officials said this deal, which resolves 18 civil rights investigations, protects the university’s mission and federal funding. They also noted the protections for academic freedom. Trump officials credited UNC for cooperating with them—comments that seemed like a subtle nod toward Harvard, which has fought the administration in court.

The UNC settlement offers another glimpse into the administration’s evolving playbook for addressing what it considers civil rights violations. While we see several provisions focused on antisemitism, two sections deal with admissions policies and ending race-based policies and programs. UNC’s agreement is the only deal of the seven reached so far that specifically requires the university to ensure that “‘affinity groups’ and graduation ceremonies … do not unlawfully segregate, exclude, limit, disadvantage, or discriminate against any candidate or participant on the basis of any Protected Characteristic.”

2. The Education Department rebuffs NACIQI. The Department of Education put one of the largest cosmetology accreditors on notice and will prohibit the group from adding new members while it awaits a compliance report. 

This may seem like a solid slap on the wrist, but it comes after ED’s advisory panel recommended in a 9-to-3 vote that the department strip the accreditor’s federal recognition entirely. ED officials believe the accreditor is capable of addressing the various compliance issues, which appears to be one reason why it opted to maintain recognition for now.

This is the second time ED hasn’t followed the committee’s recommendation on recognition. The Council on Naturopathic Medical Education received a unanimous NACIQI vote recommending denial of recognition. But, as it did this week, ED gave CNME a 12-month lifeline. 

Up next on the accreditation docket for ED: the accreditation arms for the American Bar Association and American Psychological Association. The advisory committee deadlocked over what to do with the legal accreditor, though half the members wanted to give the association more time to address the compliance concerns. ED staffers have already recommended stripping ABA of its status as a federally recognized accreditor.

A photo illustration of an elephant's foot crushing the letters "ABA" under it, the floor is gray and the background is red.

3. The relationship between the GOP and the ABA? It’s complicated. The mounting pressure on the American Bar Association, which includes two antitrust inquiries, has drawn a lot of attention to a decades-long conflict between the trade group and the Republican party. So I talked to a few legal and policy experts who specialize in accreditation to understand where this friction began. Turns out, it runs a lot deeper than just academic accreditation. 

And while experts largely agree that tensions are growing, they espouse different theories as to why. Some say it’s an effort to crack down on the association’s violation of antitrust laws and ensure an intellectually diverse legal workforce. Others say it’s driven by politics, culture wars and the desire for power. 

For more on how the feud can be traced as far back as a 1987 Supreme Court nomination and what it could mean for law students moving forward, read my deep dive here.

4. Voters oppose grant cancellations and want more focus on affordability. Headed into the midterms, Inside Higher Ed took a look at two separate polls to see what voters care about when it comes to colleges and universities. Turns out all voters place a high priority on college cost, and folks in Midwest battleground states are turned off by Trump’s attempt to politicize the grant-approval process.

Both polls back the growing impression that Trump’s disapproval rates are high and Democrats are gaining momentum as they drive home their concern about Americans’ ability to pay the bills. Left-wing advocacy groups hope it will be enough for Democrats to take control of the House and Senate. 

 

Up Ahead

  • The White House is now reviewing the administration’s accreditation overhaul, one of the final steps before the rule is issued. So at this moment, the Education Department appears on track to meet its Nov. 1 deadline. We expect to see the finalized rule next week.

That’s it for Week 92 of the second Trump administration. As always, if you have any questions or comments, send them along to me at jessica.blake@insidehighered.com. And if any news breaks today or over the weekend, you can find the latest at InsideHigherEd.com. In the meantime, I’ll be jealously looking at pictures from my parents, who are in Italy celebrating their 30th anniversary.

“The Civil Rights Division commends UNC for its cooperation in meeting its obligations under federal law without the need for litigation; we hope other institutions will take note and do the same.” —Harmeet K. Dhillon, assistant attorney general of civil rights on the UNC settlement

Just the Headlines

  • The GOP Is Going After the ABA. But Why?
  • UNC Settles With Trump Admin to Resolve Civil Rights Investigations
  • Report About FSA’s Future Causes Concern
  • Rule Limiting PSLF Beneficiaries Dead for Now
  • OSU College of Medicine Discriminated, DOJ Claims
  • ED Restricts Membership for Cosmetology Accreditor
  • Higher Ed Groups Raise Concerns About Proposed Census Changes
  • Poll: Battleground Voters Oppose Political Control of Grant Making
  • Education Affordability a Priority for Voters
  • Court Deems Naturopathic Medicine a Professional Degree for Now
  • McMahon Dealt Legal Blow in ‘Ring Boys’ Case
  • Judge Rules Trump’s Anti-DEI Order for Contractors Can Stand, Clarifies Scope

Did someone forward you this email and you want to receive it in your inbox? Sign up to be an Insider now and you’ll get The Markup every Friday as well as access to all our subscriber-only news. Find out more here. 

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