The Biden administration is under scrutiny for its intensified efforts to regulate Christian and career-focused educational institutions through the Department of Education's strengthened enforcement arm.

The Office of Enforcement, originally established during Barack Obama’s tenure, has been revived by President Joe Biden and is primarily targeting religious and career schools, raising concerns about an imbalance in enforcement, as the Daily Wire reports.

In October 2021, Biden's administration resurrected a previously dormant office within the Department of Education, initially created by the Obama administration, to enhance regulatory measures against certain higher education institutions.

This unit, known as the Office of Enforcement, operates under the Office of Federal Student Aid and was renamed and reactivated after the Trump administration deprioritized it.

Funding Boost for Oversight Efforts

The administration has significantly increased funding for this office to expand its oversight capabilities. The office received a 600% budget increase in 2023, with an additional proposed increase of 230% for the following year.

This substantial financial backing was intended to empower the department in its quest to scrutinize and enforce compliance among colleges, particularly those perceived to be operating outside federal expectations.

Notably, the enforcement activities have primarily targeted schools with religious affiliations, predominantly Christian, as well as career-oriented colleges.

Reports reveal that a number of faith-based institutions have faced stringent penalties or have been excluded from receiving federal student aid. This approach has sparked debate about whether the administration's actions are disproportionately affecting these schools.

Part of the context for these enforcement actions lies in the substantial growth of faith-based institutions over recent decades. Between 1980 and 2020, enrollment at these schools rose by 82%, a growth rate 44% faster than the national average. As these institutions gained popularity, they also drew increased scrutiny from federal regulators.

Growth of Faith-Based Institutions

Despite the heightened enforcement against Christian colleges, elite institutions such as those within the Ivy League have seemingly avoided similar regulatory attention. No Ivy League school has reportedly faced punitive actions from the Office of Enforcement, prompting discussions about potential bias in enforcement.

The Biden administration's focus is not without historical precedent. Vice President Kamala Harris, during her tenure as California attorney general, investigated Corinthian Colleges in 2013 on allegations of misrepresenting job-placement rates. However, according to reports, her efforts initially struggled to produce substantial evidence. The Department of Education then intervened, issuing comprehensive document requests which eventually led to the cessation of federal student aid for Corinthian Colleges.

As the institutions faced financial distress, federal aid was cut off, contributing to Corinthian's bankruptcy. This closure left thousands of students without a clear path to completing their education, highlighting the tangible impact of such enforcement actions.

Critics Take Aim

Critics, such as the American Principles Project, argue that the current administration has transformed the Office of Enforcement into a "weapon" to target and penalize schools they perceive as unfavorable. This includes religious schools, which now face a landscape of heightened regulatory challenges reminiscent of previous focus on career colleges.

According to APP Policy Director Jon Schweppe, the shift in focus has the potential to replicate the adverse effects seen with career colleges, threatening the stability and future of Christian institutions across the country. Concerns have been raised about the possibility of a bias-driven agenda that is unfairly singling out religious schools while sparing others.

The implication of such enforcement practices extends beyond immediate financial penalties. Institutions targeted by the Office of Enforcement risk losing federal student aid access, which can have severe ramifications for their operational viability and student populations.

Concerns Over Fairness and Targeting

The debate surrounding the Biden administration's approach underscores the broader challenge of balancing adequate regulatory oversight with ensuring access to diverse educational pathways. While ensuring compliance with federal standards is vital, maintaining equitable enforcement across all types of institutions is equally crucial.

As the Office of Enforcement continues its work with strengthened resources, the education community and policymakers are closely monitoring its impact. Ensuring that enforcement actions are applied fairly and justly remains a central concern, particularly as faith-based schools increasingly serve a significant portion of the student population.

The Biden administration's commitment to rigorous regulatory measures through the Office of Enforcement provides a contemporary lens on the tension between federal oversight and educational diversity, with potential long-term implications for the landscape of higher education in the United States.