"Chevron deference is the rule promulgated by the Supreme Court in the 1980s that required courts to offer considerable deference to administrative interpretations of statutory law. As long as the interpretation was "reasonable," it had to be allowed to stand. While Chevron deference was never absolute-executive agencies' interpretations had to be "reasonable"-the idea behind it was that Congress couldn't be expected to be expert in everything."
"The new regulations around Workforce Pell build on the language around Perkins grants, which have been around for quite a while. But since the Supreme Court dropped the doctrine of Chevron deference, application of existing language is harder. And applying standards developed for degree programs to short-term certificates pretty much requires revisiting those standards."
Workforce Pell regulations build on existing Perkins grant language, but the Supreme Court's recent rejection of Chevron deference fundamentally changes how these regulations are applied. Chevron deference, established in the 1980s, required courts to accept reasonable administrative interpretations of statutory law. This doctrine allowed executive agencies like the EPA to develop detailed standards based on broad legislative mandates. The removal of this deference means regulatory interpretations now face stricter judicial scrutiny. Additionally, applying standards originally developed for degree programs to short-term certificate programs creates further complications, likely resulting in significant confusion in implementation and enforcement.
Read at Inside Higher Ed | Higher Education News, Events and Jobs
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