NAICU Washington Update

Introduction by Barbara K. Mistick

April 26, 2024

Dear Colleagues,

I am relieved to convey that the Department of Education did not report any new glitches or issues regarding the FAFSA process this week. While that may be of little consolation, it is the first time in a long while that we haven’t had to deal with a new adjustment to the rollout.

However, as I’ve alerted you recently, we are facing several other pressures from multiple angles right now. First, the new overtime and Title IX rules were just issued. While we continue to analyze and assess the implications of both these rules, I am pleased to announce we are hosting or co-hosting webinars for you and your campus leadership on both issues.

  • Title IX: May 6, 1:00-2:00 p.m. EDT (Register). This webinar will explore the major provisions of the rules, highlight notable changes, and discuss the implementation challenges that institutions may face. Speakers: Barbara Mistick, NAICU president; Jody Feder, NAICU’s director of accountability and regulatory affairs; and Joshua W.B. Richards, partner, litigation department vice chair, Saul Ewing.
  • Overtime: May 8, 1:00-2:00 p.m. EDT (Register). NAICU is joining other higher education associations in partnering with the College and University Professional Association for Human Resources (CUPA-HR) on a webinar on the final overtime rule and its impact on college campuses. The webinar is open to the entire NAICU membership free of charge. Speakers: Josh Ulman, chief government relations officer, CUPA-HR and Laurie R. Bishop, partner, Hirsch Roberts Weinstein LLP.

Second, earlier this week, I, along with 55 of our state executive and Secretariat members, submitted comments to the Department of Education urging it to delay the reporting and implementation deadlines for the Financial Value Transparency and Gainful Employment regulations. Next week, the Department is hosting a webinar to help institutions with certain reporting requirements (see first soundbite below for details).

Finally, I am hearing from members that they are receiving letters from the Department regarding their financial responsibility composite scores for the early years of the pandemic (FY 2020 and FY 2021). NAICU is partnering with the National Association of College and University Business Officers on a survey that will help us get an early gauge on how institutions are faring and an understanding of the effect the new rules concerning long-term debt are having on institutional scores. The deadline for submitting the survey is May 12, and it should take less than ten minutes to complete. The staff positions on campus best suited to complete the survey are likely to be Controllers, AVPs, or CFOs.

Soundbites
  • On May 1, the Office of Federal Student Aid (FSA) will host a webinar regarding National Student Loan Data System (NSLDS) reports designed to assist institutions with their Financial Value Transparency and Gainful Employment (FVT/GE) reporting. The webinar will highlight new reports intended to assist schools in identifying students and programs for whom FVT/GE reporting is necessary, based on data already provided to NSLDS. Although registration is not required, attendance is limited to the first 20,000 attendees.
  • NAICU signed onto a letter authored by the National Association of College and University Business Officers summarizing comments made in 2016 to a previous Notice of Proposed Rulemaking (NPRM), which addresses changes to the reporting requirements related to information reporting on Form 1098-T as well as to the definitions of the education tax credits. The IRS put aside the issue in 2016 and is now taking the matter back into consideration.

In other news, earlier this week I attended the Department’s Attaining College Excellence and Equity Advising Summit, which is part of its Raise the Bar initiative. The sessions focused on holistic advising and wraparound services that brought together leading experts from the federal government, states, institutions, and the wider higher education community to share knowledge, resources, and tools to drive institutional and state improvements in advising practices.

Today’s Washington Update provides additional details on the new overtime rule and reports on a new student success awards program the Department is seeking input on from colleges and universities. 

I know these rules and regulations coming from Washington are creating tremendous stress for you and your leadership team and staff. I appreciate your patience as we work through the details on overtime and Title IX and your engagement as we continue to advocate for more time to comply with the Financial Value Transparency and Gainful Employment regulations and relief on the FAFSA debacle.

All of this is happening while you are facing the challenges – and excitement – of your traditional year-end activities. Thank you for your continued support in these efforts.

Regards,

Barbara

Barbara K. Mistick
President, NAICU

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