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Education & Workforce Committee Seeking Proposals for Higher Education Act Reauthorization

Posted in Higher Education News, Higher Education Policy, News from the Hill

CONTRIBUTED BY
Dennis Cariello

On April 25, 2013, the House Committee on Education and the Workforce issued a bipartisan letter (signed by the Chairman John Kline (R-MN), Ranking Member George Miller (D-CA), and the leaders of the Subcommittee on Higher Education and Workforce Training, Chairwoman Virginia Foxx (R-NC) and Ranking Member Ruben Hinojosa (D-TX)) requesting feedback from higher education stakeholders on “policy changes and amendments to strengthen the law [the Higher Education Act].”  Specifically, the Committee is  particularly interested in examining ways to:

  • Empower students as consumers in higher education
  • Simplify and improve the student aid and loan programs
  • Increase college accessibility, affordability, and completion
  • Encourage institutions to reduce costs
  • Promote innovation to improve access to and delivery of higher education and
  • Balance the need for accountability with the burden of federal requirements.

Anyone who wishes to comment should email comments to HEA.Reauth@mail.house.gov by August 2, 2013.  In any submission, commenters are requested to cite the relevant statutory or regulatory language, detail the requested change (with proposed legislative language, if possible) and provide a rationale for the change.  It is my understanding that the comments will NOT be made public.

I have spoken with folks involved in this effort and know it to be an earnest request from the Committee – and one I’ve recommended that clients take seriously.  While hearings will be an important part of educating the Committee in advance of reauthorization, thanks to technology, higher education is moving far too quickly for that process to be useful.  Having folks that are “in the know” providing ideas to Congress will keep them better educated and will be more likely to produce a more informed (and, hopefully, more workable) reauthorization.

HELP Subcommittee Hearing on Financial Literacy on April 24, 2013

Posted in Financial Aid (Loans & Grants), Higher Education News, Higher Education Policy, News from the Hill

CONTRIBUTED BY
Dennis Cariello

On Wednesday April 24, 2013, the Senate Committee on Health, Education Labor and Pensions (HELP) Subcommittee on Children and Families will hold a hearing entitled ”The Economic Importance of Financial Literacy Education For Students.“  The hearing will be held at 2:30 PM in room 430 of the Dirksen Senate Office Building.  The witness list is after the jump.

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Higher Education Subcommittee Hearing on College Transparency on April 24, 2013

Posted in Higher Education News, Higher Education Policy, News from the Hill

CONTRIBUTED BY
Dennis Cariello

On April 24, 2013, at 10:00 a.m., in room 2175 of the Rayburn House Office Building, the House Education and Workforce Subcommittee on Higher Education and Workforce Training will hold a hearing to explore opportunities to enhance higher education transparency.  This hearing is entitled: “Keeping College within Reach: Enhancing Transparency for Students, Families and Taxpayers.”

This hearing comes at the heels of a number of calls for transparency in higher education, including the publication of the adminstration’s College Scorecard and the reintroduction of The Student Right to Know Before You Go Act . You can view the hearing here.  We have the witness list after the jump. Continue Reading

Compliance Focus: An Update on Sequestration and Title IV Programs

Posted in Complaince Focus, Financial Aid (Loans & Grants), Higher Education News, Higher Education Policy

CONTRIBUTED BY
Patricia V. Edelson
On August 2, 2011, Congress passed the Budget Control Act (“BCA”) of 2011, which put into place an automatic process of “across-the-board” Federal budget cuts, known as the sequester, to take effect if Congress failed to enact legislation to reduce the Federal deficit. Congress failed to act by March 1, 2013, and the budget cuts went into effect.

On March 1, 2013, David A. Bergeron, Acting Assistant Secretary published an Electronic Announcement outlining the impact of sequestration on the Title IV Student Financial Assistance Programs. The Electronic Announcement provided the financial aid community with general information on how the sequester will impact Title IV programs.

On March 13, 2013, a second Electronic Announcement provided an update on the impact of sequestration on the Title IV programs.

The Federal Pell Grant Program is exempt from the effects of the sequester. Therefore, there will be no changes for the current Award Year and the 2013-2014 Award Year Pell Grant Payment Schedule that was released on January 30, 2013 in “Dear Colleague Letter” GEN 13-06 will be unchanged under the sequester.

Federal Work Study (“FWS”) and Federal Supplemental Educational Opportunity Grant (“FSEOG”) Programs for the 2012-2013 award year are unaffected by the sequester.

However, under the sequester, Award Year 2013-2014 funding for FWS and FSEOG would be reduced by approximately $86M. Final FWS and FSEOG institutional allocations are expected to be released later this spring. You should not rely on any estimates of allocation amounts until official amounts are released by the Department.

The sequester does not change the annual or aggregate loan limits for Federal Direct Loans, or student’s (or parent’s) eligibility. However, certain loan fees paid by borrowers will be increased during the time the sequester is in effect.

  • The loan fee for Direct Subsidized and Unsubsidized Loans is increased from 1.0 percent to 1.051 percent. For example, the fee on a $5,500 loan will increase by $2.80 from $55.00 to $57.80.
  • The loan fee for Direct PLUS Loans (for both parent borrowers and graduate and professional student borrowers) is increased from 4.0 percent to 4.204 percent. For example, the fee on a $10,000 PLUS Loan will increase by $20.40 from $400.00 to $420.40.

The Department began sending email (and where necessary, paper) notifications on March 9, 2013 to student and parent borrowers who, based on origination records submitted by institutions to the Common Origination and Disbursement (“COD”) System, have a Direct Loan with a first disbursement after March 1, 2013. The text of the notifications for borrowers was provided in attachments to the March 13th Electronic Announcement. Continue Reading

Education Technology Focus: MOOC University & the Online Consortium

Posted in Education Technology, Higher Education News, Higher Education Policy

CONTRIBUTED BY
Dennis Cariello

I’ve recently returned from the Education Innovation Summit 2013, hosted by Arizona State University (ASU) and GSV Advisers (and, of which, DLA Piper is a very proud sponsor).  I will have more on the conference — and suggest you read this piece from the folks at University Ventures — but suffice to say, it is one of my favorite conferences of the year.  I always return home energized, knowing that we can educate our students and that technology will help us educate them better, more efficiently and at lower cost.

For me, however, my week began and ended with two articles that not only bookended my attendance at the conference, but served as a bookends for the conference, defining, in part, the challenges faced by the industry and why the work is so important.

The first article, “Why some small colleges are in big trouble: Money is tight. Competition is brutal. Are some Massachusetts schools on the road to ruin?” is an interesting and depressing read.  It explores the issues facing private liberal arts colleges in Massachusetts, New England and elsewhere that have closed their doors or are failing financially.  In essence, these tuition-dependent colleges are seeing fewer applicants and, because they are forced to discount tuition more deeply than in the past to attract students from this smaller pool of applicants, their business model is becoming unsustainable.

Unfortunately, the number of institutions with unsustainable business models is increasing.  As explored in “The Financially Sustainable University,” a study conducted by Bain & Company, unless an institution has the pricing power of an elite university, or possesses a strong, well-managed endowment to absorb reductions in enrollment, that institution is likely on a path to failure. This is a crucial problem for higher education.  The nation needs the capacity these institutions provide.  If we are to meet the President’s 2020 Goal, we need institutions that will provide post-secondary training.  Letting them fail — and then requiring them to become re-accredited, re-licensed and re-approved for Title IV — doesn’t make much sense.  In addition, it is important to have many different types of institutions.  While public research colleges may be the right home for some, a private liberal arts education may be the place for others to grow and become productive.  We have an interest in the preservation of these types of models as well.

The Bain report notes, “In addition to growing debt, administrative and student services costs are growing faster than instructional costs. And fixed costs and overhead consume a growing share of the pie.”  Considering this, it seems natural for institutions to leverage subcontracting to produce these administrative and student services at a lower cost.  While ancillary functions, such as financial aid administration and provision of student services, could be provided by third parties, regulatory provisions and accreditor standards typically require functions that are central to the core academic mission of the institution must remain under the direct and exclusive control of the institution and could not be delegated to and performed by other parties. A good example of this would be Arizona State University, which contracts with Pearson to support ASU’s online students.  Under that agreement, ASU faculty designs and teaches every online course as well as establishes and enforces all instructional and academic policies.  In turn, Pearson provides a learning management system for delivery of the courses, and various tools to report on and analyze student performance trends.

Even if institutions realize savings on the costs for providing administrative and student services, however, the cost of providing instruction is still the lion’s share of any institution’s budget.  While this is as it should be – this is, after all, why students go to institutions in the first place – if there were efficiencies to be realized in the area of instruction, it might have the greatest overall impact on the finances of institutions.

One possible solution would be to utilize Massive Open Online Courses (MOOCs) to provide lecture instruction at an institution.  Continue Reading

House Education and Workforce Subcommittee to Hold Hearing on Federal Aid Programs on April 16, 2013

Posted in Financial Aid (Loans & Grants), Higher Education News, Higher Education Policy, News from the Hill

CONTRIBUTED BY
Dennis Cariello

On April 16, 2013, at 11:00 a.m., in room 2175 of the Rayburn House Office Building, the House Committee on Education and the Workforce Subcommittee on Higher Education and Workforce Training will hold a hearing to entitled: “Keeping College Within Reach: The Role of Federal Student Aid Programs.”  This is part of a series of hearing looking at ways to keep college accessible to students. You can view the hearing here. We have the witness list after the jump.

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Department of Education to Hold Budget Briefing Today

Posted in Appropriations and Budget Issues, Department of Education, Higher Education News, Higher Education Policy, K-12 News

CONTRIBUTED BY
Dennis Cariello

Earlier today, the White House released a budget overview and the budget tables for the President’s Fiscal Year 2014 Budget Request. At 1:30 on April 10th, the U.S. Department of Education will hold a briefing to discuss the President’s education requests. The briefing will be held in the Department’s Auditorium in the LBJ Building, 400 Maryland Ave. SW, in Washington DC.  

The briefing will also be live streamed for those outside of the DC area.

UPDATE: Here is the Department of Education portion of the budget.

Two ideas of note for higher education a higher education Race to the Top and introducing a market interest rate for student loans.  Senators Alexander, Burr and Coburn introduced a bill yesterday that would accomplish the student loan reform proposed by the President in the budget, although there may be a difference on the exact terms of the interest rate – so perhaps there is a consensus on this proposal.  The Race to the Top proposal appears to be the proposal raised in last year’s budget:

A Higher Education Race to the Top (RTT) Competition.
Building on the success of this program in both early education and k-12 education, the Department of Education will shift the focus of RTT in 2014 to promoting comprehensive reforms in postsecondary education. The Budget provides $1 billion to support competitive grants to States that commit to driving comprehensive change in their higher education policies and practices, while doing more to contain their tuition and make it easier for students to afford a college education. This change establishes RTT as a fund that promotes  system-wide reform efforts and can shift its focus each year to support the most promising and comprehensive solutions to strengthen public education and improve outcomes from preschool through college.

***

Makes Student Loan Interest Rates More Market-Based.

Under current law, interest rates on subsidized Stafford loans are slated to rise this summer from 3.4 percent to 6.8 percent. At a time when the economy is still recovering and market interest rates remain low, the Budget proposes a cost-neutral reform to set interest rates so they more closely follow market rates, and to provide students with more affordable repayment options. The rate on new loans would be set each year based on a market interest rate, which would remain fixed for the life of the loan so that student borrowers would have certainty about the rates they would pay. The Budget also expands repayment options to ensure that student borrowers do not have to pay more than 10 percent of their discretionary income on loan payments.

Senators Alexander, Coburn and Burr Introduce Bill to Set Student Loan Interest at T-Bills plus 3%

Posted in Higher Education News, Higher Education Policy, Student Loans

CONTRIBUTED BY
Dennis Cariello

Earlier today, Senator Tom Coburn (R-OK) reintroduced the “Comprehensive Student Loan Protection Act (S.682), a bill to amend the Higher Education Act of 1965 to reset interest rates for new student loans.”  the bill is co-sponsored by Senator Richard Burr (R-NC) and Senator Lamar Alexander (R-TN), the ranking member of the Senate Committee on Health Education Labor and Pensions (HELP).  The text of the bill was not immediately available, but it is likely to be similar to the Comprehensive Student Loan Protection Act that was introduced by Senators Coburn and Burr last June.  According to the 2012 and 2013 press releases, both bills set the interest rate on subsidized student loans equal to the bond equivalent rate of 10-year Treasury bills auctioned at final auction prior to June 1st plus 3 percent.  The bills also directed any remaining savings to the Treasury for the purpose of deficit reduction.

 

 

House Education and Workforce Subcommittee to Hold Field Hearing on the Link Between Education and Employment on April 9, 2013

Posted in Higher Education News, Higher Education Policy, News from the Hill, Skills Gap, Uncategorized

CONTRIBUTED BY
Dennis Cariello

On April 9, 2013, at 9:00 a.m., at the Monroe County Community College, Administration Building Room #173, located at 1555 S. Raisinville Road in Monroe, Michigan, the House Committee on Education and the Workforce Subcommittee on Higher Education and Workforce Training will hold a field hearing to entitled: “Reviving our Economy: The Role of Higher Education in Job Growth and Development.” Media interested in attending the field hearing must RSVP to Sarah Kuziomko at sarah.kuziomko@mail.house.gov.  There will be two panels of witnesses.  We have the witness list after the jump.

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Update on Students First Act

Posted in Department of Education, Higher Education News, Higher Education Policy, Program Reviews and Audits

CONTRIBUTED BY
Dennis Cariello

We’ve recently received the a copy of the “Students First Act.”  The bill, which is 35 pages long, has a number of interesting provisions.  We are currently reviewing the bill and hope to have an analysis up in the coming day or so.  In the meantime, I wanted to be sure we provided the text, as our earlier discussion was based on the bill summary.

Ed & Workforce Committee to Mark Up the SKILLS Act on March 6

Posted in Higher Education News, Higher Education Policy, News from the Hill, Workforce Investment Act

CONTRIBUTED BY
Dennis Cariello

On Wednesday, March 6 at 10:00 a.m., the U.S. House Committee on Education and the Workforce, chaired by Rep. John Kline (R-MN), will mark up the Supporting Knowledge and Investing in Lifelong Skills (SKILLS) Act (H.R. 803). The markup will take place in room 2175 of the Rayburn House Office Building.  The SKILLS Act reauthorizes the Workforce Investment Act of 1998 to create a more effective and accountable workforce development system.  The SKILLS Act was, in part, the subject of a February 26, 2013 hearing entitled “Putting America Back to Work: Reforming the Nation’s Workforce Investment System,” conducted by the Higher Education and Workforce Training Subcommittee, led by Chairwoman Virginia Foxx (R-NC).

According to a media advisory, the SKILLS Act attempts to reform the current workforce development system by:

•  Eliminating and streamlining 35 duplicative and ineffective employment and training programs.

•  Replacing the current maze of programs with a flexible Workforce Investment Fund to serve as a single source of support for employers and job seekers.

•  Strengthening the role of employers in workforce training decisions by repealing 19 federal mandates governing workforce investment board representation.

•  Establishing common performance measures for state and local leaders and requiring an independent evaluation of programs at least once every five years to improve accountability.

• Requiring local workforce investment leaders to outline the strategies they will implement to serve at-risk youth, individuals with disabilities, veterans, and other workers with unique barriers to employment.

“Students First Act” Introduced in Senate, Aims at Strengthening Enforcement at Institutions of Higher Education

Posted in Higher Education News, Higher Education Policy, News from the Hill, Program Reviews and Audits, Uncategorized

CONTRIBUTED BY
Dennis Cariello

On February 28, Senator Frank Lautenberg (D-NJ) introduced the “Students First Act” (S. 406), “A bill to amend the Higher Education Act of 1965 to provide for new program review requirements.”  The bill, which was referred to the Committee on Health, Education, Labor and Pensions (HELP), was co-sponsored by that committee’s chairman, Senator Tom Harkin (D-IA), as well as Senators Richard “Dick” Durbin (D-IL) and John “Jay” Rockefeller (D-WV).

While the text is not currently available, a press release explains that the bill:

enhances the program review process, creating triggers that require the Department to conduct program reviews of institutions most at risk of violating federal law.  It also strengthens existing sanctions against colleges that violate requirements of federal student aid programs knowingly and willfully, and holds executives of those institutions personally accountable.

A “fact sheet” further summarizes the key provisions of the bill.  The key provisions include (1) automatic triggers to result in a program review (if an institution spends more than 20% of revenue on “recruitment and marketing” or receives more than 85% of its revenue from federal student aid sources); are (2) prioritization of program reviews for institutions based on “default rate, proportion of overall federal student aid revenue, increases in enrollment, student complaints, graduation rates, financial health, and profit margins”; (3) strengthens penalties for noncompliance (increases fines and may lower the bar for expulsion from the Title IV Program); (4) imposes personal liability on institution executives for noncompliance with Title IV; (5) and, most interestingly, “uses funds collected from penalties to provide relief to students who attended sanctioned institutions, including tuition reimbursement and loan forgiveness.”

Although all of these proposals have troubling elements (based on the summary), the last requirement is perhaps the most problematic.  It is, of course, important for the Department of Education to be able to impose a penalty for noncompliance beyond mere repayment of amounts owed to the Department.  This serves as an important deterrent.  The problem, however, is that in directing penalties be used for “tuition reimbursement and loan forgiveness,” the bill alters the interests of the Department.

As the bill summary explains, penalties will be assessed for violations of the “program integrity regulations” — which include topics such as the payment of prohibited incentive compensation (serious, yet not very common) to improper application of satisfactory academic progress rules (not uncommon) or failing to return Title IV funds for withdrawn students in a timely manner (fairly common and often clerical mistakes) — as well as “other Title IV violations.”  In sum, absent some text that significantly limits the ability of the Department to impose fines for any noncompliance, there doesn’t appear to be a violation that would not justify a penalty.  Further, with the added incentive of collecting revenue to provide student loan forgiveness for students at the penalized school, it would be surprising if fines were not far more common than they are at present.  Indeed, allowing the Department to provide loan forgiveness with funds obtaining through the imposition of penalties shifts the institutional interests of the Department away from merely guarding against waste of federal dollars by institutions of higher education.

Of course, the bill text may address these issues.  When we get the bill text we will pass it along, as I imagine there will be a number of issues addressed there that the Fact Summary is unable to cover in compete detail.  You can read the fact sheet after the jump.

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Filling the Missing Piece in the College Scorecard

Posted in Gainful Employment, Higher Education News, Higher Education Policy

CONTRIBUTED BY
Dennis Cariello

There’s been a lot of commentary on the “College Scorecard” – the Obama Administration’s new tool that is designed to help students and families make intelligent choices about college.   As my colleague David Lewis noted previously, the Scorecard focuses on:

  • the average net price to attend (and the change in net price from 2007-2009);
  • the graduation rate;
  • the three-year loan default rate; and
  • the median amount borrowed for undergraduate study and monthly payment required to pay that amount off in ten years.

A number of experts have weighed in with excellent criticisms of this approach. Abigal Seldin has argued that the average net price is inferior to the net price calculators and using average net price may provide misleading information to students, particularly from poor families.  In another article, five different higher education experts weighed in on a number of flaws with the Scorecard, including its use of the government’s graduation rate metric, the use of the default rate as opposed to a repayment rate, and the use of a median amount borrowed as opposed to a metric that offers a clearer picture of the number of students at the institution with excessive debt.  This is in addition to other arguments about how the value of an education or the worth of an institution of higher education is not reflected in metrics like cost and likelihood of graduation, how information about faculty and faculty workload should be included, or even arguments that government should let the private sector provide this information to families.

The Scorecard also includes a section covering “What kinds of jobs do students have when they graduate?” but this section has no data and is still under development.  Presumably, this is because the Department of Education lacks the sufficient legislative or regulatory basis to collect this data.  As The New York Times points out, “PayScale, a company that analyzes payroll data for millions of workers, publishes annual rankings of colleges based on graduates’ long-term earnings.”  This source could this serve as the basis for the data for many colleges – and expansion through payroll providers like ADP and Paychex could make it even more robust.

In addition, PayScale provides salary data for graduates of a four-year program (those with higher degrees are excluded) both upon graduation and after ten years in the workforce.  This feature provides a much clearer picture of the overall return on investment in a degree from a particular college and should form the basis of any metric promoted by the government.  Providing this range addresses one of the biggest problems with graduate salary data: determining the years on which to focus.  While some, like Mark Kantrowitz have focused on the salary upon graduation — typically as a metric used to determining the ability to repay loans – and the Department of Education focused on salary in the third and fourth years upon graduation in the gainful employment metric, focusing on the early years after graduation tends to make certain degrees – such as liberal arts – unfairly appear far less valuable.  As the PayScale data suggests, many liberal arts graduates – such as from Haverford College – experience a significant jump in salary between the first and tenth year after graduation.  Indeed, according to PayScale, while Haverford graduates can expect a $37,500 salary on average after graduation, the salary in the tenth year averages $98,700.  Thus, providing the these salary data points provides a more accurate picture of the economic value of a degree and, consequently, provides a firmer basis for students and families to make decisions about colleges.  It also

Certainly, return on investment is only one of many factors to be considered in choosing a post-secondary institution - and a ”vocationally focused” one at that.  Finding an institution to help advance a student’s goals best needs to encompass more than a simple number can express.  The data PayScale has put forth, however, does provide an important tool for students and families and the provision of the first and tenth year salary data would be well worth considering as the administration revises the College Scorecard.

Gauging the ROI of a College Degree

Posted in Department of Education, Higher Education News, Higher Education Policy, Law Schools, News from the Hill, Uncategorized

CONTRIBUTED BY
David P. Lewis

An article in The Wall Street Journal today (subscription required) reports that Senators Ron Wyden (D. Ore.) and Marco Rubio (R., Fla.) are expected to introduce legislation later this week that would require each state to make available information on the average salaries of college graduates who attended institutions in that state.  The information would be provided by institution and major, with the goal of enabling prospective students to “compare salaries by college and major to assess the best return on their investment.”

This is a welcome development that parallels the pressure on law schools for greater transparency regarding the employment outcomes of their students (as we have written about previously – see herehere, here, and here).  As the father of a child going through the college process now, I am very focused, among other things, on what graduates of particular programs in particular target schools do after they graduate, and can attest to the statement in the article that prospective students are “awash with information about costs” but have almost no way “to tell what graduates at specific schools earn – or how many found jobs in their chosen field.”  While the actual bill has not yet been introduced (we will provide the text when available), I note a few key takeaways from the article:

  • The reporting burden is placed on the states.  While there is certainly a “gainful employment” genesis to this bill, the focus seems to be on requiring states to provide the information from wage data submitted by employers and graduate data submitted by colleges, tied together by Social Security numbers.  Thus, the reporting burden on already taxed schools would be modest.
  • The data would be gathered with respect to all colleges, without regard to whether they are for-profit or non-profit.  This is something the proprietary sector has been seeking – a chance to be compared to their traditional school competitors on an apples-to-apples, student outcomes basis.  And the results could be interesting.  As the article notes about Virginia, a state that has already started to provide this type of information:

Among graduates who live in Virginia, the highest starting wages for a bachelor’s degree were $56,400 for graduates of Jefferson College of Health Sciences, a Roanoke school that largely turns out nursing graduates.

That was 42% higher than the University of Virginia’s average of $39,648.  Overall, students with associate’s degrees in technical fields, such as health care, earned more than recipients of bachelor’s degrees.  A spokesman for the University of Virginia declined to comment.

  • There is bipartisan support.  According to Sen. Wyden, support for a bill like this is “unusally broad,” and includes the support of House Majority Leader Eric Cantor (R., Va.), who intends to support a companion bill in the House.
  • Outcomes will be a focus in the next few years.  According to a Department of Education spokeswoman, “[p]roviding more information about outcomes will be a priority during President Barack Obama’s second term,” including completing development on a “College Scorecard” that would provide salary information and average debt load information to to existing data on costs, graduates rates and loan repayment rates.

We will report back once the bill language is released.

 

 

Senator Durbin Introduces Veterans Education Equity Act of 2013; Similar to House Bill from Chairman Jeff Miller

Posted in Higher Education News, Higher Education Policy, Military Education

Larry LevinsonCONTRIBUTED BY
Larry Levinson
Dennis Cariello

Earlier today, Senator Richard Durbin (D-IL) introduced S. 262, “A bill to amend title 38, United States Code, to provide equity for tuition and fees for individuals entitled to educational assistance under the Post-9/11 Educational Assistance Program of the Department of Veterans Affairs who are pursuing programs of education at institutions of higher learning, and for other purposes.”  This bill, which was referred to the Committee on Veterans’ Affairs, was read into the Congressional Record earlier today.  Recall that on February 4, 2013,  Chairman Jeff Miller (FL-1) released the text of H.R. 357, which has a similar objective.  Given that similar bills have been introduced in both the House and Senate by the parties in the majority, it would stand to reason that such legislation has a fairly decent chance of passage at some point.  The text of S.262, as well as Senator Durbin’s floor statement is reprinted after the jump.

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IRS Publishes Proposed Rules on Affordable Care Act’s “Play or Pay” Requirements; Requests Comment Related to Adjunct Professors

Posted in Health Care, Higher Education News, Higher Education Policy, K-12 News

CONTRIBUTED BY
Dennis Cariello

On January 2, 2013, the Department of Treasury and Internal Revenue Service published proposed rules (“Proposed Rules”) and questions and answers  concerning the Affordable Care Act’s (“ACA”) “shared responsibility provisions,” also known as the “Play or Pay” mandate, contained in section 4980H of the Internal Revenue Code.  Starting in 2014, large employers (generally, employers with 50 or more full-time, or full-time equivalent employees) must either provide health coverage for their full-time employees and their dependants or pay a penalty for failing to do so and one full-time employee obtains a premium tax credit to purchase health insurance through one of the “Affordable Insurance Exchanges.”

Institutions of higher education, as well as other educational organizations and other employers, have undertaken attempts to assess (and reduce) the number of full-time, or full-time equivalent employees that are the subject of the Play or Pay mandate.  This has not proved to be as easy a task as it sounds; while a full time employee under the ACA is clearly one that is employed, on average, for thirty hours per week, determining which employees meet that threshold has proven challenging.  Perhaps the most challenging case is that of adjunct professors.

IRS Notice 2011-36 (May 23, 2011) provided — as one proposal for which the IRS sought comment — that the hours worked for ”employees not paid on an hourly basis” could be determined through one of three methods: Continue Reading

Compliance Focus: The Clery Act

Posted in Clery Act, Department of Education, Higher Education News, Higher Education Policy

Larry LevinsonCONTRIBUTED BY
Dennis Cariello
Patricia V. Edelson

On a few times this past summer, the Department of Education has shown it is focused on Clery Act compliance like never before.  As an aid, I hope you like our webinar on the Clery Act (first presented in December 2012).

Ed and Workforce Committee Hearing – February 5, 2013: “Challenges and Opportunities Facing America’s Schools and Workplaces”

Posted in Higher Education News, Higher Education Policy, News from the Hill

CONTRIBUTED BY
Dennis Cariello

At 10:00 on February 5, 2013 in Room 2175 of the House Rayburn Building, the House Committee on Education and the Workforce will hold a hearing entitled “Challenges and Opportunities Facing America’s Schools and Workplaces.”  You can view the hearing online if you can’t get to Washington, DC.  The Committee will hear testimony on this broad topic from a number of interesting panelists:

  • Utah Governor Gary R. Herbert, who, according to a  will provide a state perspective on policies that could help more Americans access the training and education necessary to compete in the 21st century workforce.
  • Jay Timmons, President and CEO of the National Association of Manufacturers, who will discuss federal actions that may impede job creation and economic growth, while also sharing his views on ways the nation’s job training system could be improved to help reduce unemployment.
  • Laura W. Fornash, Secretary of Education for the Commonwealth of Virginia, who will discuss a wide range of education issues, including K-12 education reform efforts, steps states and institutions can take to lower college costs, and the value of enhanced higher education transparency.
  • Dr. Jared Bernstein, a Senior Fellow Center on Budget and Policy Priorities in Washington, DC will also testify.

 

CFPB Launches Inquiry on Campus Financial Products

Posted in CFPB, Financial Issues, Higher Education News, Higher Education Policy

CONTRIBUTED BY
Dennis Cariello

On January 31, 2013, the Consumer Financial Protection Bureau (CFPB) published a Notice in the Federal Register informing the public that it is “launching an inquiry into the impact of financial products marketed to students through colleges and universities.”  To that end, it is seeking information related to arrangements between institutions of higher education and financial institutions.  The CFPB seeks information related to how arrangements can be structured “to promote positive financial decision-making and building of money management skills among young consumers,” as well as information to help “develop a clearer picture of the financial products and services that are being offered to college students, as well as consumers’ experiences using those products and services.”

 

Notably, the CFPB intends to use the information gathered to “determine whether these arrangements are in the best interest of students.”

 

The Notice seeks information on products marketed through “campus affinity relationships” — financial products that carry an explicit or implicit endorsement or mark of an institution of higher education.  “Examples of these products include those that display the name or mark of the institution, are bundled with student identification cards, and cards on which students can receive disbursements of financial aid or other funds from the institution of higher education.”  The Notice also seeks information on other financial products marketed to students, such as banking relationships.   The CFPB has released a lengthy list of questions about which it seeks information, including:
  •     What information schools share with financial institutions when they establish these relationships;
  •     How campus financial products are marketed to students;
  •     What fees students are being charged to use these products;
  •     How schools set up marketing agreements with financial institutions; and
  •     Student experiences using campus financial products in their day to day lives.

The public may submit comments until March 18, 2013.

Senator Durbin Introduces Two Student Lending Bills

Posted in Bankruptcy, Higher Education News, Higher Education Policy, News from the Hill, Student Loans

Larry LevinsonCONTRIBUTED BY
Larry Levinson
Dennis Cariello

On January 23, 2013, Senator Richard Durbin (D-IL) introduced two bills likely to affect student lending.  Although the text was not available for either bill, given Senator Durbin’s floor statements, we have a good idea as to what these bills will look like.

The first bill, S. 114 (referred to the Senate Judiciary Committee), seeks to “amend title 11, United States Code, with respect to certain exceptions to discharge in bankruptcy.”  Although the exact language is not available currently, Senator Durbin suggested that he would be “reintroducing [  ] the Fairness for Struggling Students Act. This bill, cosponsored by Senators Whitehouse [D-RI], Franken [D-MN], Harkin [D-IA], and Jack Reed [D-RI], would restore the Bankruptcy Code’s pre-2005 treatment of private student loans.”  Note, since this statement, Senators Boxer (D-CA) and Warren (D-MA) have joined as co-sponsors.

As Senator Durbin said on the floor when reintroducing this bill:

As I said earlier, since 2005 private student loans have enjoyed a privileged status under the Bankruptcy Code. They cannot be discharged in bankruptcy except under the most extreme circumstances. Only a few other types of debt cannot be discharged in bankruptcy–criminal fines, child support, taxes, and alimony. In contrast, nearly all types of private, unsecured debt–credit card debt, doctor bills–are dischargeable in bankruptcy, but not student loans.

There was no good reason for Congress to give such preferred treatment to these financial institutions that are peddling these private student loans. It was a provision–a sweetheart provision–tucked into a massive bankruptcy reform bill with very little debate and even less justification. There is no evidence that private student loan borrowers were abusing the bankruptcy system before this law was changed. In fact, the private student loan market has been growing–even before this measure  was enacted into law. But the private student loan industry got a sweetheart deal out of Congress, and now we are in a situation where many students have overwhelming private student loan debt, and they cannot repay, and they cannot escape. This is devastating for those students and a drag on our overall economy.

Under the bill, while borrowers of private student loans could discharge such debt through bankruptcy, borrowers of federal student loans would still be unable to do so. Given the purported reasoning for this legislation, the omission of federal student loans seems curious.  I also wonder what effect, if any, the removal of this protection would have on the willingness of banks to lend to students.

The other bill, S.113, which is co-sponsored by Senators Harkin and Franken, seeks to “to amend the Truth in Lending Act and the Higher Education Act of 1965 to require certain creditors to obtain certifications from institutions of higher education, and for other purposes.”  Again, while the text of S.113 is not available, Senator Durbin suggested that this bill was a reintroduction of the “Know Before You Go Act of 2012.”  In sum, the bill would require institutions of higher education to provide to lenders a certification of need before a lending institution could provide as student with a private student loan.  This bill was referred to the Senate Committee on Banking, Housing, and Urban Affairs.

The text of the Fairness for Struggling Students Act and the Know Before You Go Act are available after the jump.  Continue Reading

Update: Text Available on Bill Requiring Public Colleges to Charge Veterans In-State Tuition

Posted in Higher Education News, Higher Education Policy, Military Education

Larry LevinsonCONTRIBUTED BY
Larry Levinson
Dennis Cariello

As a update to our January 25, 2013 post on  Chairman Jeff Miller’s (FL-1) H.R. 357, a bill to “require courses of education provided by public institutions of higher education that are approved for purposes of the educational assistance programs administered by the Secretary of Veterans Affairs to charge veterans tuition and fees at the in-State tuition rate.” Earlier today, the text of the bill was made available.  The upshot of the proposed legislation, which was referred to the House Committee on Veteran’s Affairs, of which Rep. Miller is the Chairman (and co-sponsor Rep. Michael Michaud (ME-2) is the Ranking Member) requires public institutions of higher education to ”charge veterans tuition and fees at the in-State tuition rate,” “regardless of the veteran’s State of residence.”  The full text is after the jump. Continue Reading

Good Business Practice: Ensure Your Third-Party Contracts Are FERPA Compliant

Posted in Department of Education, FERPA, Higher Education News, Higher Education Policy

 

CONTRIBUTED BY 
Dennis Cariello     Allison L. Kierman

As the use of electronically-provided educational services increases in the higher education industry, institutions of higher education (“Institutions”) and those contractors, consultants, and other parties to whom the Institutions have outsourced organizational services or functions, must remain vigilant in protecting education records and complying with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g (“FERPA”) and the implementing regulations.  FERPA compliance is mandatory and, as a good business practice, Institutions and third parties need to ensure that each of their contracts align with FERPA’s requirements.

Overview of FERPA

FERPA is a federal law that protects the privacy of student education records.  The law, which is enforced by the  U.S. Department of Education (“Department”) Family Policy Compliance Office, applies to all schools that receive federal education funds – both elementary and secondary schools as well as Institutions.

The regulations define an “education record” as those records that are:

(1)        Directly related to a student; and

(2)        Maintained by an educational agency or institution or by a party acting for the agency or institution.

As such, while transcripts and other obviously academic records are certainly “education records,” this definition encompasses many other records besides those related to academics.  In addition, when the regulations speak of “records,” they do so very broadly.  Records include “any information recorded in any way” – including in print, on film or video, or in digital and electronic formats.  Also, “students” include those persons that have attended an Institution.  Mere applicants are not “students” (although, applications of students are education records).

Under FERPA, Institutions may disclose education records in personally identifiable form, without consent, to “school officials.”  School officials are contractors, consultants, and other parties (1) to whom the Institution has outsourced organizational services or functions, (2) that the Institution retains “direct control” over and (3) that are subject to the same conditions on the use, redisclosure, and destruction of education records that apply to the Institutions.  In addition, “school officials” must only use the information disclosed for the purposes for which the information was disclosed.  So, if an Institution provides student grade information to a third party, for example, to format and print transcripts, that third party cannot contact the student with an offer to help improve the student’s grades in future English classes.

Redisclosure of Information by Third Party School Officials

On typical cause for concern with third party “school officials” relates to the redisclosure of information.  Continue Reading

Rep. Grijalva Releases Text of Bill Restricting Use of Federal Funds for University Marketing

Posted in Department of Education, Higher Education News, Higher Education Policy, Marketing and Recruiting, News from the Hill

Larry LevinsonCONTRIBUTED BY
Larry Levinson
Dennis Cariello

Following on our earlier report, this morning, Rep. Raul Grijalva (AZ-3) released the text of his bill (H.R. 340), the ”Protecting Financial Aid for Students and Taxpayers Act,” which would prohibit institutions of higher education from using federal education funds in marketing and recruiting.  The bill, which starts with a lengthy preamble that specifically takes proprietary schools to task for their marketing activities and perceived abuses, amends 20 USC 1011m, which currently requires that all institutions of higher education certify that they have not used federal funds (received under the Higher Education Act or 42 U.S.C. 2751 et seq.) to lobby.  The text of the prohibition, which appears to be identical to the text of Section 309 to from S.3295 (Labor-HHS appropriations bill that passed out of the Senate Appropriations Committee last year), prohibits all institutions of higher education (public, non-profit and proprietary) from using federal education assistance funds for “recruiting and marketing” activities.”  The bill defines recruiting and marketing activities as:

(2) COVERED ACTIVITIES- Except as provided in paragraph (3), the recruiting and marketing activities subject to paragraph (1) shall include the following:

(A) Advertising and promotion activities, including paid announcements in newspapers, magazines, radio, television, billboards, electronic media, naming rights, or any other public medium of communication, including paying for displays or promotions at job fairs, military installations, or college recruiting events.

(B) Efforts to identify and attract prospective students, either directly or through a contractor or other third party, including contact concerning a prospective student’s potential enrollment or application for grant, loan, or work assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) or participation in preadmission or advising activities, including–

(i) paying employees responsible for overseeing enrollment and for contacting potential students in-person, by phone, by email, or by other internet communications regarding enrollment; and

(ii) soliciting an individual to provide contact information to an institution of higher education, including websites established for such purpose and funds paid to third parties for such purpose.

(C) Such other activities as the Secretary of Education may prescribe, including paying for promotion or sponsorship of education or military-related associations.

On a first read, there are a number of things that are unclear.  First, the bill does not clarify how funds spent on sports and marketing of sports teams should be treated. It is also unclear how universities should treat expenses for conferences and other activities undertaken to raise the profile of the university.  Indeed, these activities could be characterized as “promotion activities” or activities that will “attract prospective students.”  Although less likely, one could read this text to affect certain capital expenses being construed as efforts to “attract prospective students” (the oft-maligned rock walls, for example).

More crucially, this bill appears to prohibit the use of federal education funds to pay admissions staff.  While it may be the case that institutions of higher education can find enough funds from non-federal sources to pay for these activities, it seems that with dwindling contributions from states, those resources may be tougher to come by.  And unlike lobbying, admissions is a vital university function, perhaps second only to academics in importance.

Also, it is worth noting that, while this bill is unlikely to receive much Republican support, the two co-sponsors — Democrats Rep. John Conyers (MI-13), and Rep. Elijah Cummings (MD-7) — are longtime leaders within the Congressional Black Caucus.  This may be a forecast of support for Rep. Grijalva by the CBC for a leadership post within the Education and Workforce Committee.

The full text fo the bill is after the jump. Continue Reading

Department Issues Guidance on State Authorization

Posted in Department of Education, Higher Education News, Higher Education Policy, State Authorization

CONTRIBUTED BY
Dennis Cariello

On  January 23, 2013, the Department of Education issued Dear Colleague Letter GEN 13-04 reminding institutions that “the final year of the stay  of the enforcement of the State authorization regulations is currently underway  and ends June 30, 2013.”  As you may recall, the Department enacted new requirements concerning State oversight and approvals of postsecondary institutions (34 CFR 600.9(a) and (b)) as part of the ”Program integrity” regulations published on October 29, 2010 (and effective July 1, 2011).  On August 22, 2011, the Department published an electronic announcement that described the steps a postsecondary  institution could follow to obtain a one-year extension of the effective date of these regulations.  The final regulations provided that  institutions unable to obtain State authorization could receive a one-year stay  of the enforcement of the regulations to July 1, 2012, and if necessary, an additional one-year extension to July 1, 2013.

This new Dear Colleague Letter ”serves as a reminder” that the stay official ends on June 30, 2013.  As of that date, the Department will hold Title IV-eligible institutions accountable for being legally authorized by a State to provide a postsecondary education program.

Note, this guidance does not relate to the state authorization rule as applied to online programs.  That rule was vacated in a district court decision that was later upheld by the DC Circuit Court of Appeals on June 5, 2012.