
Governing boards must act as fiduciaries for their institutions, not extensions of political parties or federal agencies.
Governing boards must act as fiduciaries for their institutions, not extensions of political parties or federal agencies.
On April 24, 2024, the U.S. Department of Justice (DOJ) finalized a new rule under Title II of the Americans with Disabilities Act (ADA), imposing significant digital accessibility requirements on public entities, including public colleges and universities.
WASHINGTON, DC (September 25, 2025)—While college rankings are a fixture of the higher education landscape, shaping family decisions and influencing public perceptions, they fail to capture one of the most decisive factors in institutional vitality: governance and board leadership.
Every day there are new headlines about higher education under fire. Legislators are trying to dictate who can be admitted, what can be taught, withhold approved funding, and even rewrite how boards operate.
In an opinion article, AGB senior fellow and consultant Kevin Reilly writes: “[B]oards in particular can and need to step up to defend America’s researchers in fields such as science, technology, engineering and mathematics as they follow their expertise to discoveries that benefit the health, economic well-being and national security of our citizens. Boards can assist in warding off politically motivated regulations and budget cuts that senselessly damage this vital progress pipeline.”
Ross Mugler, acting president of the Association of Governing Boards of Universities and Colleges, and others said McMahon’s comments “misrepresent the reality on college campuses today” and reflect an “unrealistic approach and assessment of higher education in this country.” He defended the work of college administrators, who he said are trying to do the right things to help students succeed.
“Higher ed isn’t broken; it’s adapting,” he said.
Legal costs are soaring at elite universities. At Northwestern University, in particular, high-profile lawsuits are adding even more pressure to an already shaky financial position.
On April 24, 2024, the U.S. Department of Justice (DOJ) finalized a new rule under Title II of the Americans with Disabilities Act (ADA), imposing significant digital accessibility requirements on public entities, including public colleges and universities.