Courts face some difficulties when trying to understand rules made by agencies that impact higher education. Here are the main challenges:
Unclear Rules: Many agency rules are not very clear. Words like “substantial” or “adequate” can mean different things to different people. This makes it hard to figure out what the rules actually mean.
Trusting Agencies: Courts usually trust that agencies know what they're doing. This is called Chevron deference. Because of this trust, it can be tough for courts to change rules, even if they seem wrong.
Complicated Educational Policies: The rules are often mixed up with complex social and educational issues. For example, understanding Title IX involves knowing both legal ideas and how schools work.
Finding a Balance: Courts need to find a balance between letting schools operate on their own and making sure they follow the rules. This can lead to different opinions on what should happen.
All these factors make it harder for courts to review agency actions in higher education.
Courts face some difficulties when trying to understand rules made by agencies that impact higher education. Here are the main challenges:
Unclear Rules: Many agency rules are not very clear. Words like “substantial” or “adequate” can mean different things to different people. This makes it hard to figure out what the rules actually mean.
Trusting Agencies: Courts usually trust that agencies know what they're doing. This is called Chevron deference. Because of this trust, it can be tough for courts to change rules, even if they seem wrong.
Complicated Educational Policies: The rules are often mixed up with complex social and educational issues. For example, understanding Title IX involves knowing both legal ideas and how schools work.
Finding a Balance: Courts need to find a balance between letting schools operate on their own and making sure they follow the rules. This can lead to different opinions on what should happen.
All these factors make it harder for courts to review agency actions in higher education.