NAICU Washington Update

Introduction by Barbara K. Mistick

February 16, 2024

Dear Colleagues,

Today’s Washington Update reports on the regulatory relief the Department of Education announced earlier this week on issues of verification, recertification, and other areas of administrative relief for institutions because of the FAFSA delay. 

I know many NAICU members have generated supporting letters and communications from House and Senate members from both parties since our Advocacy Day last week. I understand these efforts are ongoing and I am extremely appreciative of the engagement, which is paying dividends for our institutions and students. I encourage our membership to continue these efforts and remind you that the NAICU government relations team is here to assist in any way you need. 

It is particularly important that the relief the Department outlined this week is not an end to the flexibilities provided but the beginning. The most important next step the Administration can take is to delay the July 31,2024 reporting deadlines for compliance with the new Financial Value Transparency (FVT) and Gainful Employment (GE) regulations. These requirements present an overwhelming burden for our institutions and for many of the same staff who are struggling most with the FAFSA delays. The issue is further exacerbated by the fact that many of the FVT and GE requirements that institutions must comply with and report on are still not fully defined by the Department.

On the budget front, Congress is focusing much of its attention on the foreign aid spending bill resulting in little progress being made on the FY 2024 appropriations bills. While topline numbers have been agreed upon, no details have been made public, including bill text, funding levels, or where negotiations stand. As a reminder, March contains several important deadlines:

  • March 1: Funding expires for appropriations covering issues related to Military Construction-Veterans' Affairs, Agriculture, Energy and Water, and Transportation-Housing and Urban Development.
  • March 7: President Biden delivers his State of the Union address.
  • March 8: Funding expires for the remaining eight appropriations bills, including the bill that funds education programs and federal student aid.
  • March 11: The Biden Administration is expected to submit its FY 2025 budget request to Congress.

Soundbites

  • Regulatory Webinar: The second of two scheduled webinars NAICU is co-hosting with the Association for Institutional Research on the reporting requirements for Financial Value Transparency (FVT) and Gainful Employment (GE) will be held on March 1, from 1:00 p.m. to 2:30 p.m. EST (register). This webinar, which is intended for institutional researchers and others who will be engaged in reporting responsibilities, will go into more detail on how to prepare the data required for reporting. The first webinar was held earlier this week and featured Colby Cesaro, vice president of the Michigan Independent Colleges & Universities and covered the background and rationale of the FVT/GE regulations and outlined the reporting requirements.
  • In a ruling with profound implications for the future of college athletics, the National Labor Relations Board (NLRB) determined that men’s basketball players at Dartmouth University are employees under the National Labor Relations Act and therefore are permitted to hold elections to form a labor union. The Dartmouth case is one of several labor disputes currently under review by the NLRB.
  • Ahead of the fourth and final negotiated rulemaking session on student loan debt relief next week, the Department of Education unveiled its latest proposal, which would provide a pathway for student loan borrowers to have their debt forgiven under additional hardship conditions. The proposal would give the Secretary of Education expanded discretion to evaluate a borrower’s circumstances to determine whether the borrower is entitled to full or partial forgiveness.

Today’s Washington Update also reports on this week’s negotiated rulemaking sessions on Program Integrity and Institutional Quality. The article includes a summary of the issues that raise the most concern for our membership.

Regards,

Barbara

Barbara K. Mistick, D.B.A.
President, NAICU

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