No More Middle Ground for Universities

The National Association of Scholars warns that continued resistance could invite far more aggressive intervention.

Since January 2025, the Trump administration has engaged in an ambitious campaign to reform higher education. This campaign elicited some case resolution agreements with a handful of universities. Yet America’s institutions of higher education (IHEs) largely have rejected the reform campaign. Several elite IHEs declined to sign the Compact for Academic Excellence in Higher Education, which would have granted them enhanced access to federal funding. Even those colleges and universities that signed case resolution agreements cannot be regarded as committed to reform, as there is every indication that they will fail to comply with their agreements if they believe they can do so with impunity.

America’s education establishment appears determined to double down on racial discrimination, illiberalism, and rejection of civic responsibility. America’s colleges and universities are defying the Trump administration’s campaigns for American ideals and interests. They apparently believe that what worked with previous American administrations will continue to work.

America’s education establishment is proceeding on three false premises:

False Premise #1. The American people still support higher education’s social justice agenda. The Trump regime is an aberration. If the universities lie low for a few years, they will be able to return to their primary task of reshaping American society.

False Premise #2. American colleges and universities, though feeling a little pinched right now, have the material resources and the broad social support to thrive even as they do battle with the Trump administration.

False Premise #3. Trump isn’t smart enough, serious enough, or attentive enough to pose any real challenge to the education establishment. Neither are the education reformers working in government and civil society to forward the Trump administration’s goals. All he and they want to do is collect a few nominal victories, boast about them, and move on to the next opportunity to grandstand.

American universities are grievously mistaken. Trump’s political party has turned decisively against the status quo in higher education. The other political party is burdened with disaffected students and graduates upset by education’s skyrocketing costs. They will be faint friends to the colleges and universities in any sustained political confrontation. The Trump administration’s current initiatives do not delimit the scope of possible reforms to higher education. They are the last moderate offer that colleges and universities are likely to receive from their opponents. Should the education establishment reject even this limited amount of reform, education reformers are likely to turn to sustained and systematic reform of higher education.

The National Association of Scholars (NAS) has not endorsed systematic reforms on the scale that may soon challenge the universities. We would prefer that universities engage voluntarily in reforms needed to depoliticize the universities. Since our founding in 1987, we have called on America’s institutions of higher education to end racial discrimination, illiberalism, and rejection of civic responsibility. But if the education establishment perseveres in obduracy, then education reformers will be justified in an external campaign of systematic reform. If the education establishment perseveres in obduracy, we believe that a majority of the American public and policymakers will support such a campaign of systematic reform.

NAS personnel have been listening to ideas that are circulating among those who are frustrated by higher education’s efforts to ignore or evade reform. We recognize that some of these proposals would profoundly damage the settled place of higher education in our society. But that doesn’t mean they won’t be proposed. If they are proposed, they may well be enacted into administrative regulation and into law.

NAS’s White Paper: Systematic Reform of American Education catalogues 21 of those ideas for systematic reform, which generally have not yet been proposed by the Trump administration. These include:

  • Remove Tax-Exempt Status from Universities that Practice Race and Sex Discrimination.
  • Tax University Endowments at the Same Level as Corporate Income Taxes.
  • Eliminate Indirect Cost Reimbursement Rates for Universities.
  • Remove Medical Teaching Schools and their Revenues from Universities.
  • Apply Disparate Impact Theory to College Bureaucracies and Faculty.
  • End Permission for Foreign Participation in American Universities.
  • Defund Sanctuary Campuses.
  • Remove Qualified Immunity from IHE Personnel.
  • Establish Private Rights of Action Against IHEs.
  • Hold Presidents and Boards of Trustees Personally Liable for Negligence.

Systematic Reform catalogues possibilities for systematic reform that are considerably beyond the Trump administration’s current agenda. But it also catalogues practical possibilities. American policymakers are capable of instituting all these reforms. The Trump administration—a Vance administration, a Rubio administration, a DeSantis administration—is perfectly capable of translating these sketched goals into language as detailed and effective as that of the One Big Beautiful Bill Act.

Federal and state policymakers will not lightly undertake such thoroughgoing reforms. But if IHEs remain adamant in their defiance of the law, policymakers can be expected to consider seriously whether to engage in reform of this scope. The education establishment would be well-advised to discard its commitment to discrimination, illiberalism, and rejection of civic responsibility before policymakers conclude that reforms of this nature are the minimum necessary to restore academia to its proper functioning. If policymakers do decide that reforms of such scale are indeed necessary, the catalogue of suggestions in the NAS’s Systematic Reform White Paper is a plausible sketch of how they might go about the difficult but necessary task of restoring academia to its proper ideals and procedures.

The higher education establishment risks very rough treatment of colleges and universities by education reformers if it insists on obduracy. Systematic Reform is a map of what policies education reformers might choose to enact.

NAS strongly urges the higher education establishment to choose the path of voluntary reform, and to choose it now. The Trump administration’s proposed reforms are the best deal they can get.

Follow David Randall on X.

  1. All that’s needed is a DOE regulation that the federal government will deem schools ineligible for student loans if their annual tuition exceeds $20,000 (or thereabouts). This will force the universities to make deep, deep cuts to ensure they remain eligible for student loan money (their lifeblood). That process alone will ensure that many of the programs and infrastructure that support the leftist indoctrination project in universities will be cut — ultimately, they will be deemed “inessential.” The “rising tuition” problem gets (temporarily) resolved (a political win for GOP). Many universities will shut their doors (a plus). This plan would also impact students’ choices about where to attend. Wealthy families will still be able to send their children to elite schools that choose to forego loan eligibility, but most families won’t be able to do so. The elite schools are the most culpable in the political indoctrination scheme, so funneling students away from them will be a major victory.

    The DOE might be able to do this on their own — without Congress. But even if Congress is required, the proposal would significantly reduce the cost of college for millions. It might not pass, but Dems would have to go on record as being opposed to reducing the cost of college. Obviously, it would be important that the bill is strictly promoted as a measure to reduce tuition costs — not as a means to root out woke corruption.

    1. They will do what UMass Amherst did 30 years ago and come up for the whole bunch of fees to make up the difference.

  2. All good points. I especially liked another:

    “Eliminate Indirect Cost Reimbursement Rates for Universities.”

    This would pretty much kill scientific research at American universities — driving science abroad, where many of places are lusting after the chance to kick off America from its top place in science, which we have had for a century or so. It is really the dumbest and most poisonous idea.

    I know that the place I work — a mid-level “flagship” university, a member of the AAU — the president already complains that they lose money on scientific research. They have also reportedly decided to kill a bunch of humanities departments. Between the CEO-type presidents and the barbarians in the Trump admin, plus the insane component of the faculty, there is a lot of trouble. What will be left aside from sports and the B-school?

    1. Don’t let the door hit you on the way out.

      I am sick and tired of being told that all American science will leave if we do not continue these obscene research overhead percentages. Scientific research exists elsewhere in this country without them. It existed for decades with reasonable rates, and the federal government didn’t even start funding nonspecific “science“ until about 50 years ago.

      If you institution is losing money on science, it’s probably because it nonproductive scientist who aren’t bringing in enough grant money to pay for their expenses. The solution of course, is to only commit scientist to eat what they kill, which is probably where your institution gonna wind up going.

      And as the B school, those graduates are getting jobs, aren’t they?

  3. In coastal Maine, there sometimes will be a lovely sunny day without a cloud in the beautiful blue sky, distant shorelines will appear to be magnified, and you’ll be able to see water behind distant islands. You may not notice that there’s an unusual stillness to the air, or that all the seagulls are going inland.

    Called “weather breeders“ these little signs indicate that a storm is coming tomorrow, and the gulls know that.

    And I’m starting to see similar little signs indicating there’s a hurricane approaching higher education, and that instead of reform, it’s gonna be picking the quality pieces out of the wreckage.

    First, Hampshire College went under yesterday — it will remain open through fall of 2026, and this probably is due to student loan liability issues. Hampshire had a successful fundraising raising drive, increased its enrollment, and I honestly thought it was gonna make it.

    It’s remaining open through this fall for existing students, not mentioned anywhere is what if anything it had for an incoming class.

    5 miles to the north, UMass Amherst is admitting 40% to 50% fewer graduate students this year, on top of a 21% reduction last year. The purported graduate union is pointing out that this will result in few TAs on campus to teach fewer sections of various undergraduate classes.

    What I’m quietly thinking is that UMass somehow knows that it’s not gonna need as many sections of undergraduate classes this year. It’s either that or hiring adjuncts is a whole lot cheaper (and it is), but with the unions as powerful as they are, I don’t think UMass would dare do this. Hence it looks like a major reduction in the incoming class and/or UMass, expecting a greatly increased shrink rate this fall. Or a greatly increased attrition rate.

    300 miles to the northeast, professors at the University of Maine at Orono are protesting an across the board 5.7% budget cut. There’s a great hue and cry as to how this will threaten UMO’s Research I status (which it can’t afford), and how the university should never make a decision that isn’t approved of by the faculty. Oh, and the university should do more fundraising.

    What needs to be remembered is that Maine is essentially two states largely divided by the Kennebec River which flows through Waterville, Augusta and Bath. Southern Maine is largely a suburb of Boston, with the people living there tending to donate to Boston area universities. Rural Northern Maine is far more conservative, it went for Trump, and people there are thoroughly disgusted with the left-wing bedlam that U-Maine has become, particularly after having absorbed U-Maine Machias (a.k.a. Washington County Teachers College).

    UMaine had such a problem, attracting students, particularly male students, that it now gives a discount to out-of-state students from Massachusetts.

    And then, in the larger background, the Commonwealth Massachusetts has issued a warning that Anna Maria college may not have the money to survive for the next 18 months, and Sterling College in Vermont is closing this spring.

    It’s not just that the babies not born in 2008 aren’t going to college this fall, but fewer kids in general are going to college. Where 70% of high school graduate went to college in 2016, only 61% of high school graduates went to college in 2023, and I suspect the percentage in 2026 to be even lower.

    We can argue as to why the golden goose has died, but reality is that young people no longer see college to be the means to financial success. And it largely isn’t, one is far better off apprenticing in a trade and every high school student knows that.

    And back to UMass, the graduate student head of the union is pursuing a doctorate in political science. Why am I not surprised to learn that she’s studying “ anti-trans legislation”?

    Yes, in an ideal world, reforming higher education be great and I don’t want to dismiss Dr. Randall‘s plans. But we are on the cusp of a maelstrom. We shouldn’t be looking at higher education as it exists, but instead anticipating the wreckage that will remain, and it may well be a I want to get someone I think it’s good still situation similar to the one mandating the creation of both Amtrak and Conrail.

    Remember that’s only April 15 and we have five months to go here, and then a reduced freshman class will take four years to reduce the entire student body.

    And we’re not gonna tell them to stop rearranging the deck chairs on the Titanic.

  4. You might be able to get these “reforms”:
    >
    Remove Qualified Immunity from IHE Personnel.
    Establish Private Rights of Action Against IHEs.
    Hold Presidents and Boards of Trustees Personally Liable for Negligence.

    Tax University Endowments at the Same Level as Corporate Income Taxes.

    Universities are incorporated as legal entities, typically as non-profit corporations or public entities established by state charters, statutes, or constitutions. They are governed by boards (trustees or regents) that act as fiduciaries, allowing them to hold property, manage endowments, engage in contracts, and operate tax-exempt.
    <
    If you want to wipe out all non-profits, IHE would just reconfigure as for profit, and applying the
    personal liability for negligence to that class means that Zuckerberg would lose his fortune through the various "social addiction" lawsuits or Musk would lose his when his robo Testla's crash. You really need to think these things through.

    1. You are addressing the issue of artificial persons, i.e. corporate personhood, which came down from a Supreme Court that was interpreting the 14th amendment very differently for the way it does today.

      It’s a much larger issue, but there is something called “piercing the corporate veil“ and a whole bunch of business law that I don’t want to get into here. Also look up what a limited liability corporation (LLC) is and why people form them.

      The website of your state Secretary of State’s office (or of other states) may have some interesting explanation as the types of corporations are recognized by that state and then you get into the uniform commerce code, and I’m not getting into business law here.

      THAT SAID, the real issue is that courts will not address academic questions, that a court will not second-guess academic judgments made by an IHE.
      For example, racial discrimination has been illegal since 1964, but until the recent decision against Harvard, courts would not apply that to college admissions because they deferred to the academic judgment of the institutions, thinking that racial quotas made a better learning environment.

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