Washington Update

Top appropriators in Washington this week agreed to total spending parameters for funding the government in FY 2023 but still need another week to finalize the details. To accommodate the need for more time, and to avoid a government shutdown, Congress is working on another continuing resolution that will last until December 23.. 

Just three weeks after announcing its plan to switch to a new enrollment management system, and following considerable pushback on the timing of the move, the Department of Veterans Affairs said this week it would delay the transition from VA-ONCE to Enrollment Manager to March 2023. 

Dear Colleagues:

With the Georgia senate race decided on Tuesday night, the basic composition of the House (with one congressional district still not called) and Senate are complete. In the weeks ahead, we will be paying very close attention to who gets named to lead the committees in both chambers. These leadership decisions will shape the priorities and direction that key committees may take on issues relevant to private, nonprofit higher education.

Seeking to address the growing controversy over financial aid award letters, Representative Lisa McClain (R-MI) and Ranking Member Virginia Foxx (R-NC) introduced the College Cost Transparency and Student Protection Act. The bill is a response to a recent GAO report recommending that Congress consider legislation requiring colleges to provide students financial aid offers that follow best practices for providing clear and standard information. 

Democrats in both the House and the Senate are renewing calls for increased scrutiny of – and potentially a ban on – online program management (OPM) companies. The latest push for closer regulation of OPMs came in a letter that several lawmakers sent to Education Secretary Miguel Cardona this week. 

Dear Colleagues:

The elections are (mostly) behind us and Congress is now back in session focused on leadership issues and its lame duck priorities. As I wrote to you in my Action Alert earlier this week, one of our key priorities is ensuring the FY 2023 appropriations bill includes the proposed $500 increase to the Pell Grant maximum award and the proposed increases in the other major federal student and institutional aid programs.

The Department of Veterans Affairs (VA) announced it is phasing out its enrollment and certification platform, VA-ONCE, and launching a new platform called Enrollment Manager in January 2023. 

In the latest sign of interest in the student mental health crisis, the Senate Committee on Health, Education, Labor, and Pensions (HELP) held a hearing earlier this week that focused on how to support students as they transition from high school to college.

The Department of Justice (DOJ) collaborated with the Department of Education (ED) to ease the burden on students who seek to cancel their student loans through bankruptcy. The new guidance issued by DOJ advises its attorneys to consider the facts presented in every case that demonstrate a debt owed by the borrower would impose an undue hardship.

Dear Colleagues:

The implications of the recent elections continue to emerge, most obviously with the Republicans taking over the majority in the House of Representatives and yesterday’s announcement by the Democratic leadership in the House that they will be stepping aside to allow new leaders to emerge. Decisions about most of the other key leadership slots in the House and Senate appear to be going as expected despite the elections being closer than most predicted. After caucus meetings this week, Rep. Kevin McCarthy (R-CA) and Sen. Mitch McConnell (R-KY) will remain top Republican leaders and Sen. Chuck Schumer (D-NY) seems to be keeping his Majority Leader status in the Senate.

The 8th Circuit Court of Appeals granted an emergency request to halt the Biden Administration’s student loan debt forgiveness program and a Texas district court struck down the program as well. Due to these decisions, the Biden Administration has already appealed the Texas district court decision and announced in a court filing yesterday that it is appealing the 8th Circuit Court of Appeals ruling to the Supreme Court. 

A federal judge in California has ruled on a class action settlement allowing the Department of Education to move forward on the approval of applications for thousands of borrowers. Under the deal, the Department will be able to discharge more than $6 billion owed by approximately 200,000 borrowers who had pending borrower defense to repayment claims against one of 151 schools, which were mostly for-profit institutions.

NAICU joined more than 50 organizations in endorsing the Senator Paul Simon Study Abroad Program, introduced this week in the House and Senate. This bipartisan legislation, co-sponsored by Senators Dick Durbin (D-IL) and Roger Wicker (R-MS) and Representatives Cheri Bustos (D-IL) and John Katko (R-NY), renames and revamps a Department of State program to expand study abroad opportunities for underrepresented American college students and to nontraditional locations. 

Dear Colleagues:

In Washington this week, as in the rest of the country, the talk has been about the elections. With the results much closer than predicted, perhaps our biggest takeaway is how the election leaves us with a similar political divide to the one we had before November 8, as many Americans continue to have deep blue or red identities. But an emerging observation is that the many unexpected outcomes since Tuesday night indicate that many Americans have a growing frustration with extremism and want a return to a more civil discourse.

A number of final rules stemming from the past year’s two negotiated rulemaking sessions were recently released by the Department of Education and will impact private, nonprofit colleges and universities in a number of ways. The final rules amend the regulations regarding borrower defense to repayment, interest capitalization, public service loan forgiveness, closed school discharge, false certification discharge, total and permanent disability discharge, 90/10 for proprietary institutions, change in ownership/change in control, and prison education programs.  NAICU has created an overview of the final regulations, which were released in October and November.

Dear Colleagues,

Much of our focus this week has been on pouring through the nearly 1,200 pages of final regulatory language that the Department of Education released just prior to the November 1 Master Calendar deadline. These final regulations cover new rules on governing boards to address for-profit conversions, enhancements to student debt relief, including institutional liability when schools have misled borrowers or not delivered on their educational promises, new standards for prison education programs, and changes to the for-profit 90/10 rules.

The Supreme Court held oral arguments this week in two cases that will determine the fate of affirmative action in higher education. The two cases – one involving the University of North Carolina (UNC) and the other involving Harvard University – are expected to give the new conservative majority on the Court a chance to overturn long-standing precedents on affirmative action that have narrowly permitted race-conscious admissions programs in higher education. 

Dear Colleagues:

Earlier this week, the College Board released its annual Trends in College Pricing and Trends in Student Aid reports. The reports include significant data on costs, aid, including institutional aid and Pell Grants, enrollment trends, college finances, and more and are important tools in helping tell the complete story of pricing and debt in our sector and all of higher education.

The Department of Education continues to make regular announcements expanding various aspects of its loan forgiveness programs.  Earlier this week, it announced that it is clarifying how past payments made under an Income-Driven Repayment (IDR) plan will count as credited toward both IDR forgiveness and Public Service Loan Forgiveness (PSLF) for any months in which a borrower has a certified qualifying employment on loans borrowed as a student. 

Dear Colleagues,

This week, NAICU’S board of directors, committee leadership, state executive network, secretariat, and Legal Services Review Panel met in Washington, DC during our annual Fall Leadership Conference for three days of meetings and conversations.

The Consumer Financial Protection Bureau (CFPB), in its annual report to Congress regarding the contractual agreements between institutions of higher education and financial companies, found that these agreements may be causing students to face unnecessary and burdensome financial challenges. 

Dear Colleagues,

This week, I was pleased to attend the Times Higher Education World Academic Summit in New York City, which brought together some of the world’s most influential leaders and researchers to discuss how to identify and meet the rising expectations placed on higher education. The ideas and themes discussed during the summit are similar to those our Board of Directors and leadership will be addressing next week during our Fall Leadership Conference. Those conversations will be centered on issues such as affordability, cost, and the “value” of a higher education and will help guide our communications and advocacy work as we prepare for the upcoming 118^th Congress.

During a briefing on the FY 2019 Cohort Default Rates (CDRs), the Department of Education revealed that the official national CDR had decreased 68.5% from the previous year to a rate of just 2.3%.  The FY 2018 CDR was 7.3%.

The Biden Administration unveiled the application borrowers will need to complete to apply for student loan debt forgiveness. This serves as the first official document that has been released to give borrowers an idea of what to expect when seeking loan forgiveness.

According to the Department of Education, since 2017, there have been over 300 presidentially declared major disasters across all 50 states, Puerto Rico, and U.S. Outlying Areas.  In response, the Department created a one-stop National Disaster Resource page listing a multitude of useful links to help colleges and universities “restore learning” and address the needs of students and communities after a declared federal disaster.

Dear Colleagues:

Since last week, President Biden has visited Puerto Rico and Florida to survey the extensive damage caused by the two recent hurricanes and discuss and strategize with local leaders the way forward to begin rebuilding.  I know that our colleagues there, as well as in Georgia, North Carolina, South Carolina and along the east coast, are still very much struggling with the hurricane aftermath.
 

A report released this week by the Consumer Financial Protection Bureau (CFPB) found that institutions had violated the Consumer Financial Protection Act (CFPA) by withholding the official transcripts of students who owe money as a blanket policy.  As a result, the CFPB is prohibiting institutions from withholding transcripts from students who were extended credit by the institution as a means to retrieve payment. 

The Biden Administration released new Title IX guidance that reminds institutions of the prohibition against excluding students or employees from educational programs or activities based on pregnancy or related conditions and reiterates the obligation to treat pregnancy or a related condition the same as any other temporary disability. 
 

Dear Colleagues:

As I write this, Tropical Storm Ian is still moving through Florida and headed toward the coasts of Georgia and the Carolinas where it may once again gather steam and pick up wind speed to reform as a hurricane.

Two lawsuits attempting to block the forward movement of the Biden Administration’s plan to cancel student loan debt have been filed this week. The first was filed by the Pacific Legal Foundation, a conservative legal group and the other lawsuit was filed by six Republican-led states. Both lawsuits argue that the mass cancellation of student loan debt is an illegal abuse of authority.
 

With the new fiscal year beginning Saturday, October 1, Congress is poised to pass a continuing resolution (CR) to keep the government funded past the November mid-term elections. The CR maintains current FY 2022 funding levels across the government and includes additional funds for the war in Ukraine. Supplemental funding for COVID relief and monkeypox vaccines was dropped from the CR, but emergency assistance was added for clean water in Mississippi, flood relief in the Midwest, and hurricane relief in Puerto Rico.
The extension expires December 16, allowing time for members to reconvene in a lame duck session and finalize FY 2023 funding levels.
 

The Office of Federal Student Aid (FSA) released an update on the student loan portfolio. As of June 30, 2022, approximately 43 million student loan borrowers owe about $1.62 trillion in outstanding loans. This represents an increase of $26 billion in the outstanding loan balance since last year, and no change in the number of student loan recipients.
 

The next round of quarterly budget and expenditure reporting for Higher Education Emergency Relief Funds (HEERF) is due to the Department of Education by October 10.  This report covers activities from July-September 2022.  

The Office of Educational Technology (OET) in the Department of Education held a national digital equity summit to share its educational technology plan, the flagship educational technology policy document for the United States. In developing this plan, OET created a digital equity education roundtable (DEER) initiative.

I hope the start to your academic year has been smooth, safe, and successful and as close to pre-pandemic normality as possible. In another example of things returning to their pre-pandemic ways, the NAICU staff and I are beginning to see our own signs that some of the events, meetings, and other gatherings we used to take for granted are once again being held in-person. 

Last week, Rep. Virginia Foxx (R-NC), Republican leader of the House Committee on Education and Labor, laid out her plans for reforming the higher education system at an event hosted by the American Enterprise Institute (AEI).  The proposals and ideas highlighted by Rep. Foxx could be a precursor of what to expect should the Republicans take over the majority in the House of Representatives. 

A recent markup in the House Committee on Education and Labor provided a glimpse into the partisan divide emerging on President Biden’s debt forgiveness plan.  The markup was focused on three pieces of legislation, two of which deal with higher education and were introduced by Ranking Member Virginia Foxx (R-NC).  While all legislative initiatives were reported unfavorably to the House Floor, they foreshadow the likely political maneuverings expected to take place on the President’s plan.

Bobby Scott (D-VA), chairman of the House Committee on Education and Labor, introduced the Lowering Obstacles to Achievement Now (LOAN) Act earlier this week to “lower the cost of college for current and future student borrowers.”  The LOAN Act comes on the heels of the Responsible Education Assistance through Loan (REAL) Reforms Act introduced this summer by Ranking Member Virginia Foxx (R-NC). 

The Biden Administration’s proposal to provide one-time loan forgiveness targeted at low- and middle-income borrowers is being scrutinized from all angles, including the Congressional Budget Office (CBO).  Responding to a request from Rep. Warren Davidson (R-OH) for information on how estimates of the costs of the student loan programs have changed since 2010, the CBO indicated it is currently looking into the potential costs to the government should the administrative action materialize. The CBO says it will publish its analysis as soon as it is completed. 

Dear Colleagues,

Tomorrow marks our country’s annual Constitution Day, which commemorates the formation and signing of the U.S. Constitution on September 17, 1787 (see Soundbite below for more information about your responsibilities to recognize this day if your institution receives federal funds). Earlier this week, I was honored to attend a Constitution Day event in Washington hosted by the Bipartisan Policy Center (BPC). 

NAICU joined the higher education community in submitting detailed public comments on President Biden’s proposed Title IX regulations. Published in July, the new rules would amend current requirements governing how colleges and universities handle sex discrimination. 

Dear Colleagues,

Like your students returning to campus, policy makers are back in Washington on Capitol Hill preparing for the final push of the 117^th Congress. Two key items on their to-do list include working on the FY 2023 budget, and avoiding a government shutdown, and preparing for the November mid-term elections. In the Administration, we are preparing for a robust regulatory agenda that will also have an impact on higher education.

While the broad parameters of President Biden’s executive action on student loan forgiveness have been widely publicized, the Administration has now provided additional detail on the process borrowers must take to apply for forgiveness and the types of loans that will be forgiven. The President’s executive order reported that borrowers making up to $125,000, and families making up to $250,000, would be eligible for student loan debt relief. Borrowers who received a Pell Grant would be eligible for up to $20,000 in debt relief and all other borrowers would be eligible for up to $10,000 in debt relief. 

Congress has one job it must do before the end of September – keep the government open and avoid a shutdown. However, since the House and Senate have not completed work on the dozen individual appropriations bills, they will need to agree on the make up of a continuing resolution (CR) before they can go home to campaign for the mid-term elections. 

Dear Colleagues,

As we gear up for the Labor Day weekend and make plans to celebrate and pay tribute to American workers, here at NAICU we continue to have our eyes focused on the activities of Congress and the Biden Administration. We find ourselves in that two-month period heading into the Congressional midterm elections where Members of Congress are spending more time in their districts and states working on their campaigns.

After passing its final hurdles in Congress earlier this month, President Biden signed into law the Ensuring the Best Schools for Veterans Act on August 26, allowing student veterans access to the programs and majors they desire to pursue as early as this fall. 
 

In a move intended to preserve and fortify the Deferred Action for Childhood Arrivals (DACA) program, the Department of Homeland Security (DHS) published a final rule implementing the agency’s proposed regulations.  
 

Dear Colleagues:

The big news in higher education this week was the long-anticipated announcement by President Biden forgiving student loan debt. The issue has been brewing for years, with progressives pushing him since the 2020 election to forgive up to $50,000 for every student loan borrower, and Biden hedging between his own concerns with large scale debt relief and the political pressure from progressives. 

The Biden Administration has announced an executive action to forgive $20,000 of student loan debt for Pell Grant recipients and $10,000 of student loan debt for borrowers who make up to $125,000 a year. Families making up to $250,000 a year will also be able to benefit from the loan forgiveness. 

Thirty-three NAICU member institutions have been awarded a Ronald E. McNair Postbaccalaureate Achievement (McNair) Program grant for FY2022, the Department of Education announced. The Department awarded $51.7 million in grants to a total of 189 institutions.

The Augustus F. Hawkins Centers of Excellence (Hawkins) Program is now accepting applications from colleges and universities to help increase and retain the number of well-prepared teachers from diverse backgrounds. This new grant program first received $8 million in funding from Congress in FY 2022. 

Dear Colleagues:

With the Congress away on its annual August recess and the President away on vacation, the pace in Washington has slowed significantly. This is in stark contrast to your campus communities, some of which have already welcomed students back for the Fall semester. The start of a new academic year is an exciting time and I hope you all have a successful year.

After months of behind-the-scenes work, and two congressional hearings this summer, Congress last week passed by unanimous consent S. 4458, the Ensuring the Best Schools for Veterans Act, and sent it to the president for signature. 

College leaders gathered last week in Washington for a summit to hear Education Secretary Miguel Cardona lay out a vision for higher education.  The gathering, Raise the B.A.R. (Bold Action and Results), focused on how to increase student success as well as the many challenges students face to complete college.

A new $5 million grant program designed to support postsecondary student success at institutions with low resources and large enrollments of low-income, minority or at-risk students was announced August 11 by the Department of Education. The Postsecondary Student Success Grants for FY 2022 were announced during the Department’s Raise the B.A.R. (Bold Action and Results) Summit.
 

Dear Colleagues:

As I’ve written the past few weeks, August is typically a quiet time here in Washington. It is usually the only time most people associated with Congress can take leave and the only time left in the calendar when it seems we can depend on Congress not to be in session.

As the Biden Administration continues to look for ways to forgive or cancel student loan debt to fulfill one of the president’s key campaign promises, two developments have surfaced that will ensure debt-related issues remain on the front-burner of the policy debate.  

Dear Colleagues:

The Senate has been in session this week counting votes and making changes to the Inflation Reduction Act, which it plans to consider into the weekend before breaking for the August recess. Behind the scenes, work continues on moving the Ensuring the Best Schools for Veterans Act, which would fix the 85/15 GI Bill benefit provision.

The Department of Education announced a $7.5 million grant opportunity for the Basic Needs for Postsecondary Students Program for FY 2022.  Basic needs grants are intended to address food and housing insecurity so students can succeed in their college education.

Dear colleagues:

I am writing this week from the great state of South Carolina. Earlier this week, I was joined by several of my NAICU colleagues in Charleston to attend the annual summer workshop hosted by our National Association of Independent Colleges and Universities State Executives (NAICUSE).

With the clock ticking toward the August recess, Congress has revised its approach on two major pieces of legislation that have been in the works for several years – the competitiveness bill and the Build Back Better reconciliation package. Both bills were dramatically changed, renamed, and barely resemble their original forms.  

After holding out as long as possible for a bipartisan agreement on top line spending totals, Democratic appropriations leaders in the Senate released their subcommittee spending plans for FY 2023.   

The Department of Education has released the second in a series of Notice of Proposed Rulemakings (NPRM) resulting from the convenings of the two sessions that took place from October 2021 to March 2022.

NAICU has launched its 2022 Your Vote, Your Voice voter registration initiative ahead of the November midterm elections.  All the members of the House of Representatives and one third of the Senate face reelection this fall.

Dear Colleagues:

As a heatwave consumed Washington, DC (and much of the rest of the country) this week, legislative and regulatory action has also heated up as policymakers look to get as much accomplished as they can prior to their August break. This week we saw significant regulatory moves from the Biden Administration and the courts and important appropriations action on Capitol Hill.

The Department of Education released guidance that establishes a new approval process for institutions seeking to switch to a new accreditor or add an additional accrediting agency. The guidance, which consists of three separate documents, is designed to address the Department’s concern that recent developments in accreditation will lead to a “race to the bottom in quality standards among accrediting agencies.”

The Department of Education released a Notice of Proposed Rulemaking (NPRM) on multiple topics that were discussed in the Affordability and Student Loans Committee from the negotiated rulemaking session in the Fall of 2021. Interested parties must submit comments on the proposed regulations by August 12. The Department is expected to have a rule finalized by November 1, which would mean the new regulations would go into effect on July 1, 2023.

As the 2022 election cycle heats up and political tensions increase, it is increasingly clear that Congress will keep the government open after the federal fiscal year ends on September 30 through a temporary Continuing Resolution (CR).  This CR will extend through mid-November, with no final deal likely before Congress goes home for the Christmas break. 

A federal district court ruled in favor of 20 states that challenged Department of Education guidance regarding lesbian, gay, bisexual, transgender, and queer (LGBTQ) students. The preliminary injunction issued by the court will temporarily block enforcement of the guidance in the states that sued.

Dear Colleagues,

As Congress sprints toward its August recess, there are several issues we will be following during the next two weeks. One of the key issues we will be watching closely is action on appropriations, especially the FY 2023 Labor, Health and Human Services, Education, and Related Agencies Appropriations Subcommittee bill, which funds student aid.

The Senate Committee on Veteran's Affairs held a legislative hearing on a variety of bills related to veterans issues, including the Ensuring the Best Schools for Veterans Act of 2022.  This bill would fix the regulatory problem institutions are having with the Department of Veterans Affairs (VA) recent policy changes related to the 85/15 rule. 

The Department of Education has awarded the final $198 million in American Rescue Plan Higher Education Emergency Relief Fund (HEERF) grants to support students at community colleges, rural, and Minority-Serving Institutions.  In total, 244 public and private, nonprofit institutions are receiving resources from this final tranche of funds. 

Dear Colleagues:

Two weeks ago, we reported on the Biden Administration’s release of its long-awaited proposed amendments to the rules governing how colleges and universities handle sex discrimination on their campuses.

In general, the proposed regulations expand the scope of Title IX while streamlining certain procedural requirements and providing additional protections for victims of sex discrimination. The proposed rules, which differ from both the Obama-era guidance and the Trump Administration’s regulations, would remove some requirements that apply to colleges and universities while adding new ones in their place.

Dear Colleagues,

Due to the July 4 holiday, Washington Update is publishing a day early this week. I hope you are able to find time for some rest and relaxation over the next few days as the country celebrates and honors its independence. 

This is also the time when official Washington takes a break from its duties here in the nation’s capital. While the Senate has already started its recess, the House of Representatives will soon follow once it has completed its committee work this week.

In keeping with its goal of passing all appropriations bills before the beginning of the fiscal year on October 1, the House Committee on Appropriations is busy this week holding mark ups on several bills.  Of note for higher education is the FY 2023 Labor, Health and Human Services, Education, and Related Agencies Appropriations Subcommittee bill, which funds student aid. 

Dear Colleagues,

Sometimes there are days that take off in so many different directions that in the years ahead it will be hard to imagine the magnitude of all the things that transpired on the same day. Yesterday, June 23, was such a day and you were part of making it memorable.

On the 50th anniversary of the passage of Title IX, the Department of Education released it’s long-awaited proposed regulations to amend the rules governing how colleges and universities handle sex discrimination on their campuses.

On the 50th anniversary of the Pell Grant program, the House Labor, Health and Human Services, Education, and Related Agencies Appropriations Subcommittee wrote its FY 2023 spending bill and included a $500 increase in the maximum Pell Grant award.  If enacted, this increase would bring the maximum grant award to $7,395 and continue the steady steps toward doubling the maximum to $13,000 by 2029. 

The Department of Education released an updated regulatory agenda this week indicating that the agency plans to delay the publication of several significant regulations until 2023.

The Department of Education is inviting applications for new awards for the Hispanic-Serving Institutions (HSIs) Promoting Postbaccalaureate Opportunities for Hispanic Americans Programs (PPOHA). This program provides grants to eligible institutions of higher education to expand postbaccalaureate educational opportunities for Hispanic students and expand the postbaccalaureate academic offerings at HSIs. 

Dear Colleagues,

We are very excited to finally be on the brink of celebrating the 50^th anniversary of the Pell Grant next week on June 23. I hope you will engage with the online and social media activities taking place next week (see below for more details). Here is a resource page containing social media graphics and content to help spread the word and raise awareness about the impact the Pell Grant has had on your students, campus, and community.

The Department of Education hosted a listening session for several higher education associations, including NAICU, regarding potential revisions to the agency’s disability discrimination rules. 

The Senate Judiciary Subcommittee on Immigration, Citizenship, and Border Safety held a hearing this week focused on building the U.S. workforce by attracting and keeping the best and brightest international students from around the world, and addressing the barriers to opportunities for individuals already in the U.S., including DACA registrants.

Despite granting billions of dollars of debt relief to students who attended the now-defunct Corinthian Colleges, the Department of Education has determined that it lacks the legal authority to collect penalties from the former owners and executives of the for-profit institution.

Dear Colleagues: 

The summer months for Congress are similar to students cramming for finals. Congress is trying to get as much legislation written and passed as possible in a short period of time. Two important dates on the calendar to get bills passed are the July 4^th recess and the August summer break.

With that in mind, we are also expecting to have a correlating ramp-up in activity. Just some of the key issues we know will be at the forefront are:

• The Pell Grant’s 50^th Anniversary
• Advocacy work to fix the veteran programs’ 35% waiver and 85/15 problems
• Title IX
• Next steps on regulations emerging from negotiated rulemaking

We will keep you up-to-date on actions related to these and other issues affecting higher education with Action Alerts, updates here in future Washington Updates, and other communications. 

The House of Representatives passed a resolution deeming the total spending allocation for the federal government's annual appropriations at $1.6 trillion for fiscal year 2023.

Cardona and Senators Patt Murray (D-WA) and Roy Blunt (R-MO) all spoke of the importance of increasing the Pell Grant maximum award.

Case will determine whether division I student athletes are employees of the colleges they attend for purposes of the Fair Labor Standards Act.

With Congress gone for a Memorial Day break, this has been a quiet week on the policy front in Washington. However, we have been working on several longer-term projects, including determining next steps on addressing the concerns over the Department of Veterans Affairs (VA) reset of the 85/15 waiver and preparing for the 50^th Anniversary of the Pell Grant program on June 23, 2022.

Dear Colleagues,

The shooting that tragically took the lives of 19 young students and two of their teachers this week at Robb Elementary School in Uvalde, TX is yet another reminder of how precious every life is. I know how very hard each of you works to create a safe environment on your campus. These senseless acts of violence have disrupted all of what we hold as sacred. Universally, we believe that students should find in school a place that allows them to become life-long learners not a place to see their journeys needlessly cut short.

The House Committee on Education and Labor held a hearing with Secretary Cardona this week to learn more about the Department’s goals and the budget priorities of the Administration.  During his testimony, Secretary Cardona touched on a number of key higher education issues, including doubling the Pell Grant maximum, access and affordability, and the importance of supporting Historically Black Colleges and Universities (HBCUs), Tribally Controlled Colleges and Universities (TCCUs), and Minority-Serving Institutions (MSIs). 

The Department of Education announced that institutions with remaining Higher Education Emergency Relief Funds (HEERF) in their (a)(2) grants can use those resources for construction, renovation, and real property projects to “prevent, prepare for, and respond to coronavirus.” 

Several labor unions, including the National Education Association (NEA), are pushing for the Department of Labor (DOL) to eliminate the exemption for teaching professions when it proposes changes to the overtime rules, which is expected to occur this fall.  If successful, this would affect both K-12 educators and college and university faculty. Teachers, along with several other professions, have been exempt from overtime pay rules since 1967.      

During the first meeting of the President’s Board of Advisors on Historically Black Colleges and Universities (HBCUs), leaders discussed several important topics and concerns and agreed to an overall set of strategic priorities to guide their work. 

In 2017, the Office of Federal Student Aid (FSA) at the Department of Education embarked on an initiative known as the Next Generation Financial Services Environment (Next Gen) to restructure and reimagine student loan servicing. The goal of this initiative is to modernize the FSA’s technology, processes, and operations to improve student, parent, borrower, and institutional experiences and outcomes. 

Dear Colleague:

The Department of Education has invited NAICU and several other higher education associations to a listening session on June 13 to provide feedback on a series of questions related to the Department’s regulations governing section 504 of the Rehabilitation Act of 1973, the federal law that prohibits disability discrimination in federally funded education programs or activities (see our story in today’s Washington Update for more details). This effort is part of the agency’s plan to amend the existing rules.

The Department of Education has invited several higher education associations, including NAICU, to a listening session on June 13 to receive input regarding the Department’s disability discrimination regulations. 

The House Committee on Education and Labor held a mark-up this week on a series of education-related legislative proposals, including bills addressing campus mental health, substance abuse, and special education services.  The committee voted to advance all three bills, with the mental health and substance abuse bills passing by voice vote and the more controversial special education legislation passing in a party-line vote.

Dear Colleagues:

One of the myths about higher education that has persisted, most recently in an editorial by The Wall Street Journal, is the notion that increasing federal financial aid drives up the cost of college.  While this theory, also known as the Bennet hypothesis, has been debunked by many higher education economists and by federal studies conducted by three previous presidential administrations, it is a topic we are forced to continue addressing.  And, I know many of you have had to try and set the record straight on this issue with your elected officials as well. 

The Department of Education is expecting to award a total of six grants, with a maximum award of $350,000 for a year, to eligible institutions of higher education to assist them in improving and expanding their capacity to serve Native Americans and low-income students. Applications are due July 11, 2022.
 

Dear Colleagues,

Yesterday, I sent many of you an urgent alert because your institution is included on a list of colleges and universities the Department of Education has identified as not having submitted its Higher Education Emergency Relief Fund (HEERF) Annual Performance Report. If you did not receive this alert, your reporting should be up to date.

The Senate Finance Committee’s Subcommittee on Taxation and IRS Oversight held a hearing focusing on the current tax laws governing tax-exempt entities and the oversight and enforcement of those laws by the IRS.  The majority of the hearing dealt with whether or not the IRS exercises proper oversight of tax-exempt organizations that attempt to influence political activity, primarily 501(c)4 groups.

The Senate Committee on Banking, Housing, and Urban Affairs held a hearing to examine the impact student loan servicers are having on workers carrying student debt.  This was the second hearing regarding student loan debt the committee has held during this congress. 

The Department of Education announced that colleges and universities can apply for new grant awards for FY 2022 to create Centers of Excellence for Veteran Student Success (CEVSS). 

Dear Colleagues,

The problems with the new rules on 85/15 reporting on GI Bill benefits at colleges continue to mount this week. We have been notified that additional NAICU members have received letters from the Department of Veterans Affairs notifying them that some of their educational programs have been suspended from eligibility for veteran enrollment, which will cause havoc for student veterans. If your institution has received such a letter, please notify Stephanie Giesecke, NAICU’s senior director of budget and appropriations at Stephanie@naicu.edu. 

After technical difficulties scuttled its original plan, the Department of Veterans Affairs (VA) finally held its Education Service Office Hours this week for School Certifying Officials (SCOs). The office hour training sessions covered a variety of topics, including the 85/15 rule and the 35% waiver, and sought to clear up confusion and answer questions regarding definitions and other components of the two issues.

Secretary of Education Miguel Cardona testified before the House Appropriations Subcommittee on Labor-HHS-Education to make the case for the administration’s budget request for FY 2023. During this testimony, Cardona called on Congress to build on the $400 Pell Grant increase provided in the FY 2022 appropriations bill, and to double the maximum award by 2029, starting with a $1,775 increase for FY 2023.

The Second Chance Pell experimental site, which provides access to Pell Grants for incarcerated students, was expanded to include an additional 73 institutions, including 15 NAICU members. This experimental site began in 2015 under the Obama Administration, providing Pell Grants in up to 67 programs through postsecondary education initiatives in state and federal prisons. The program was expanded for the 2019-2020 academic year (AY) to allow up to 67 additional programs to participate and expanded once again for the 2022-2023 AY.  This week’s expansion brings the total number of colleges and universities participating to 200.

Student loan forgiveness was back in the national news this week as the Biden Administration continued its targeted approach to forgiving debt.  This week the Administration focused on providing relief (directed in some cases to individuals and in others to whole classes of borrowers) to those who had selected Income-Driven Repayment plans during the nearly 20 years the programs have been in existence.
 

The Department of Education announced that it is expanding student loan forgiveness through the Income-Driven Repayment (IDR) plan and Public Service Loan Forgiveness (PSLF).  The proposal would compensate borrowers who should have already received loan forgiveness.

The Student Aid Alliance (SAA) submitted its FY 2023 annual funding request for the federal student aid programs to the House and Senate Appropriations Committees this week.  Anchored by the request to double the Pell Grant maximum award to $13,000, the coalition also requests substantial increases for Supplemental Educational Opportunity Grants, Federal Work Study, TRIO, GEAR UP, Leveraging Educational Assistance Partnership state grants, and Graduate Assistance in Areas of National Need.

Higher education institutions can now apply to the Department of Education for funds through the Upward Bound (UB) Math and Science Program. A total of $66 million is allocated for this program and grants are for 5 years. Applications are due June 3, 2022.
 

In advance of releasing a proposed rule that would change the exemptions to the federal overtime pay requirements, the Department of Labor has scheduled five regional listening sessions for employers in May and June. 

Training webinars will cover updates on a on a variety of topics, including the 85/15 reporting, and will take place on April 20 and 21, 

Dear Colleagues:

I am writing you from Chicago where we have just concluded our spring Board of Directors and Committee meetings. It is the first time these committees have met in-person since 2019, and it was wonderful to see everyone and to be able to have face-to-face conversations about the many public policy challenges facing our sector.

The Department of Education announced that all open Higher Education Emergency Relief Fund (HEERF) grants with a balance of $1,000 or more will receive an automatic extension until June 30, 2023.  

The Senate Appropriations Committee announced its process for congressionally directed spending for the FY 2023 funding cycle. Like the House process for community projects, Chairman Patrick Leahy (D-VT) announced reforms and regulations for senators to follow when requesting funding for their states.

The Department of Education issued notices inviting applications for two separate grant awards for colleges and universities designated as Minority-Serving Institutions. 

Dear Colleague:

This week marked a significant milestone in our efforts to double the Pell Grant maximum. On Monday, President Biden released his budget for FY 2023, which allocates vital resources for higher education and our students. The highlight of the package is the president’s stated goal of doubling Pell by 2029.

President Biden’s $5.8 trillion FY 2023 budget, submitted to Congress this week, doubles the Pell Grant maximum award by 2029, and includes significant proposals for student aid and higher education funding.  The total budget includes both annual appropriations and all mandatory programs. 

This was a busy week for the Wage and Hour division of the Department of Labor (DOL).  In response to a request from the higher education community, representatives from the division held a listening session to hear their concerns in anticipation of a proposed rule on overtime pay threshold adjustments.  Also this week, the Senate rejected the nomination of David Weil to head the division.  

The House Committee on Appropriations announced guidance and deadlines for FY 2023 funding of community projects, with the database for Members of Congress to submit requests opening Monday, April 4. The deadline for requests to the Labor-HHS-Education Subcommittee is April 27, 2022.  The Senate is expected to have a similar process, but has not yet announced its deadlines.

Secretary of Education Miguel Cardona issued a call to action this week, asking governors, college presidents, and school districts to use existing COVID relief funds for education to address the nation’s teacher shortage. As a follow up to President Biden’s comment in the State of the Union address on the same topic, Cardona is asking education leaders to “increase the number of teacher candidates prepared to enter the profession as early as possible.”

The Department of Education is inviting institutions of higher education to apply for funds through the Alaska Native and Native Hawaiian-Serving Institutions (ANNH) Program. Institutions may use these grants to plan, develop, or implement activities that strengthen the institution.

Dear Colleagues:

I know the war in Ukraine still weighs heavily on your minds and those of your students, faculty, and campus community. The impacts of the war are wide-ranging, including directly affecting students and campus programs.

This week, NAICU participated in a listening session held by the Department of State’s Deputy Assistant Secretary for Academic Programs, Ethan Rosenzweig. The session was held to provide an opportunity for U.S. higher education associations to share thoughts and concerns with the State Department on issues related to the Russian invasion of Ukraine and the impact on our institutions’ international exchanges and academic collaboration with the regions. While all U.S. students who were on exchange or in other international study programs in Russia and Ukraine have safely returned to the U.S., the State Department continues to work to support both Russian and Ukrainian students studying in the U.S.

I remain hopeful for an end to the hostilities and pray for a peaceful resolution to the war.

The Institutional and Programmatic Eligibility negotiated rulemaking committee concluded its three-months of work last week having covered many issues critical to private, nonprofit higher education. Of the seven broad topics considered, each of which had several underlying issues to be negotiated, consensus was reached on just two, one of which, the ability to benefit, applies to private, nonprofit higher education.  

The Department of Education announced a new policy this week that would require certain companies that own private, nonprofit or for-profit colleges to be held liable for government losses related to the sudden closing of a college or engagement in fraud.  While colleges themselves have traditionally been liable for these costs, this new policy would also hold private firms that own the colleges responsible.  The new policy will take effect on July 1, 2022.

The Department of Veterans Affairs (VA) has pushed back the reporting deadline for the reset of the 35 percent waiver and the 85/15 rule regarding the use of GI Bill benefits for educational purposes to June 30, 2022.  This marks the third delay of implementation since the reset first rolled out in October of 2020. 

The Department of Education has announced more than $2 million for a new Undergraduate International Studies and Foreign Language (UISFL) grant. From the $2.18 million available, an estimated 27 awards will be made for a 12-month period, with grants ranging from $70,000 to $120,000, depending on the size and scope of the project. The deadline for applications is May 31, 2022.

Dear Colleague:

March madness isn’t just taking place on basketball courts around the country. It also happens to be an apt description of all the legislative, regulatory, and policy activities that took place this week in Washington. From the Pell Grant to negotiated-rulemaking and from issues affecting international students and veteran students, there were many topics we covered this week that will impact our campuses.

The House Veterans Affairs Committee (HVAC) held a hearing earlier this week to review draft legislation related to a variety of benefits provided for veterans, with a particular emphasis on the issues they face in education, employment, and housing. 

This week, the Senate Committee on Finance held a hearing examining charitable giving and trends in the nonprofit sector.  It was a welcome bipartisan discussion of the current charitable giving incentives in the tax code, the pandemic stimulus incentives that have largely expired, and what new incentives might be considered to spur additional giving.

Following Congress’ unanimous passage last week of a concurrent resolution that condemns threats of violence against Historically Black Colleges and Universities (HBCUs) and reaffirms support for HBCUs and their students, the House Oversight and Reform Committee held a bi-partisan hearing on the continuing bomb threats to HBCUs.  The committee heard emotional testimony from HBCU students and questioned federal agencies about the status of their ongoing investigations. 

Dear Colleagues,

This was an important legislative week for federal financial aid for our students and marks another milestone in our continuing effort to double the Pell Grant maximum.

As I write to you today, Congress has finally approved and sent to the president the $1.5 trillion FY 2022 appropriations package, which includes a $400 increase in the Pell Grant, bringing the maximum grant to $6,895 starting July 1. This the largest single-year increase in the Pell Grant maximum since 2009.

Almost six months into the fiscal year, Congress finally reached a bipartisan, bicameral agreement on FY 2022 spending, which both the House of Representatives and Senate approved this week.

The omnibus spending package under consideration in Congress now includes campus climate survey requirements that will affect colleges and universities. The survey requirements are part of the Violence Against Women Reauthorization (VAWA) Act of 2022, a bipartisan bill that was added to the omnibus package at the eleventh hour. 

The House of Representatives passed a concurrent resolution that condemns threats of violence against Historically Black Colleges and Universities (HBCUs) and reaffirms support for HBCUs and their students, by a bipartisan vote of 418-0.  The higher education community supported the resolution and called for its passage.  

The draft cohort default rates (CDRs) for FY 2019 were recently distributed to those institutions of higher education enrolled in the Electronic Cohort Default Rate (eCDR) notification process through the Student Aid Internet Gateway (SAIG). 

Dear Colleagues,

The events unfolding in Ukraine continue to dominate the political and policy discourse in Washington, DC and, in fact, around the world. I continue to hope and pray for a peaceful resolution. I know that for many of you, this conflict has had a direct impact on your campus, with students, faculty, and other members of your community affected.

In his first State of the Union address, President Biden put several higher education issues front and center on his domestic policy agenda.  Importantly, he called for increasing the maximum Pell Grant award and expanding existing institutional aid grants to Historically Black Colleges and Universities (HBCUs), Tribal Colleges and Universities (TCUs), and Minority-Serving Institutions (MSIs).

Just when Congress seemed to have final agreement on completing the FY 2022 spending bills, new emergency issues popped up making it more difficult to finalize a deal before the current continuing resolution (CR) expires at midnight next Friday, March 11. The attack on Ukraine and the push for additional COVID relief has thrown Congress into a scramble to meet the deadline.

The Department of Education has created an expanded reporting form for colleges and universities that received Higher Education Emergency Relief Funds (HEERF).  The expanded form, which the Department is seeking public comments on, would collect additional information about how institutions immediately used HEERF funds, served their students, and planned for the use of funds since the first awards were made in April, 2020. 

Last week, U.S. District Court Judge Carl J. Nichols struck down a ban on student loan collectors charging large fees to borrowers who default on their debt but quickly agree to repay. The policy, which has been supported by Democrats and Republicans, prohibited student loan guaranty agencies from charging collection fees to borrowers in cases where the borrower signs an agreement to repay their debt within 60 days after falling into default. 

The House of Representatives held a hearing this week to discuss the role of Hispanic-Serving Institutions and other Minority-Serving Institutions in providing higher education for all, and to determine how these institutions are using their resources to serve students.  Committee members also sought to determine what actions Congress might take to better help these institutions serve their students.  

The Federal Emergency Management Agency (FEMA) has once again extended full funding for COVID-19 emergency costs.  This move extends the period of time by three months, from April 1 to July 1, 2022.

In a move to encourage colleges and universities to work with local schools to improve teacher training, student achievement, and teacher recruitment and retention, the Department of Education announced the availability of dozens of Teacher Quality Partnership Grants. 

Dear Colleagues:

Our nation is on edge this week as we watch the geopolitical situation unfolding in the Ukraine. To the faculty, staff and students of Ukrainian descent on our campuses, I want to extend our hope for a peaceful resolution to the tensions that threaten their homeland and our international community.
 

The Federal Bureau of Investigation (FBI) and the Department of Homeland Security (DHS) held a conference call this week to update local and campus law enforcement on their investigations into recent bomb threats on Historically Black College and University (HBCU) campuses and faith-based institutions. 

The Office of Federal Student Aid (FSA) plans to seek proposals in spring 2022 to bring in multiple student loan servicers to administer more than 35 million student loan accounts. The newly dubbed Unified Servicing and Data Solution (USDS) is planned to improve FSA’s technical infrastructure and allow for a better student loan borrower experience. The new contracts are expected to go live in December 2023.

Institutions or consortia of institutions seeking to improve the capacity for teaching and learning foreign languages have been invited by the Department of Education to apply for FY 2022 awards for the Language Resource Center Program (LRC). The Education Department expects to award 16 grants of $130,000 to $197,000, for a total of $2.7 million.  Deadline for applications is April 25, 2022.
 

Campus-based government relations professionals are invited to join NAICU’s Government Relations Team for the next episode in our bi-monthly webinar series, The DC Series, on Friday, March 4, at 1:00 p.m. EST (REGISTER HERE).

Dear Colleagues,

What had started as a relatively quiet week in Washington, with the House in recess, was amped up last night as the Senate finally passed the continuing resolution (CR) to avoid a government shutdown. The Senate’s action keeps the government open through March 11, as attention now turns to the FY 2022 omnibus package. This week’s lead story provides more detail on the CR and next steps on the budget.

Last night the Senate passed the continuing resolution (CR), which the House passed last week, keeping the government open until March 11. While Senate consideration took longer than expected, passage ensures the government will remain open for several more weeks. 

Due to further processing of borrower defense to repayment claims by the Department of Education, nearly 16,000 student loan borrowers are projected to receive $415 million in total student loan forgiveness. Recipients of the loan forgiveness are student borrowers who attended DeVry University, Westwood College, Corinthian Colleges, the nursing program at ITT Technical Institute, the criminal justice programs at the Minnesota School of Business and Globe University, and Marinello Schools of Beauty. 

Today marks the culmination of an extraordinary week for NAICU. On Monday, we convened our 2022 Annual Meeting & Advocacy Day, our first in-person meeting in two years. What a remarkable meeting we had, with over 400 registrants, speakers and panelists from the Biden Administration and several Members of Congress and their staff who shared their insights about the future of higher education and the impact of private, nonprofit higher education nationally.

Congress is poised to pass a continuing resolution (CR) that will keep the government open through March 11, which will allow for the time needed to finalize the details of the FY 2022 spending bills. 

The Department of Education is once again including national comparison data in its recently-updated College Scorecard.  Adding this comparison data back to the Scorecard is notable because it has the potential to provide consumers with a misleading or incomplete impression of an institution’s value. 

Dear Colleagues:

I cannot begin my weekly thoughts without first mentioning the tragedy at Bridgewater College (VA), where two beloved campus security officials were senselessly killed, and the numerous threats this past week directed at our nation’s Historically Black Colleges and Universities and at least one faith-based institution. As we all continue to work through the various pressures of daily life augmented by the relentless pandemic, this week’s stories still have the capacity to stop us cold in our tracks.

The final $198 million in Higher Education Emergency Relief Funds (HEERF) from the American Rescue Plan (ARP) is now available to colleges and universities, the Department of Education announced this week. Deadline to apply for the funds is April 4, 2022. 

This morning, the House of Representatives passed the America COMPETES Act.  The bill would authorize more than $200 billion in research funds across multiple federal agencies, and would reauthorize Title VI International Education of the Higher Education Act.  At the same time, it also includes tighter scrutiny and restrictions on institutions that receive funding from foreign entities.

Dear Colleagues,

In just over a week, NAICU’s 2022 Annual Meeting and Advocacy Day will kick off here in Washington, DC for the first time in two years. Our theme this year, Coming Together with Purpose, captures the moment of time we’re living and working in. The simple act of coming together, I know, is exciting for many but still carries concerns for others. I am looking forward to seeing so many familiar faces and meeting new members. 

In the wake of an unfavorable Supreme Court ruling, the Occupational Health and Safety Administration (OSHA) has announced that it is withdrawing an emergency temporary standard (ETS) establishing a vaccine or testing mandate for large employers.

The Supreme Court will once again take up affirmative action in a case involving admissions at Harvard University. The move could give the new conservative majority on the Court a chance to overturn long-standing precedents on affirmative action that have narrowly permitted race-conscious admissions programs in higher education. 

The House of Representatives getting ready to take up legislation from multiple committees aimed at investing in research, innovation, manufacturing, and technology, while also ensuring the security of American innovation and protecting against adverse foreign influence.

As 2022 gets into full swing, this week saw significant activity at the agency level within the Biden Administration that will affect higher education, including at the Departments Education, Homeland Security, and State. 

The Department of Education announced a series of actions to continue to help students and institutions address the ongoing pandemic.  The Department issued new guidance on the expanded uses of existing Higher Education Emergency Relief Fund (HEERF) funds to address student basic needs that will help them stay in college. The agency also announced that it will award the remaining funds under HEERF to address ongoing needs related to coronavirus.

Today, the Departments of State and Homeland Security (DHS) announced a set of new agency policies designed to expand access to opportunities in the U.S. for international students and other immigrant and non-immigrant visitors with expertise in a variety of STEM fields.
 

The Consumer Financial Protection Bureau (CFPB) announced that it will begin investigating private student lending at colleges and universities for compliance with federal consumer protection laws. The investigation will examine the actions that institutions offering private student loans take against students, including withholding transcripts from students who owe debts and preventing students from enrolling in classes if they are late on their loan payments. 

On Monday, the nation will remember and honor the life and work of Rev. Martin Luther King, Jr. I hope you will find time this weekend to safely celebrate and mark this day of service with your campus community. Dr. King’s memory continues to serve as an example in how to lead, inspire, and make change.

The Supreme Court issued an injunction halting implementation of the Occupational Safety and Health Administration’s (OSHA’s) rule that established an emergency temporary standard (ETS) requiring large employers to impose a vaccine or testing mandate on their employees. As a result of the Court’s injunction, the OSHA rule will remain blocked from taking effect while the lower courts evaluate the legality of the mandate. 

The Institutional and Programmatic Eligibility Committee, a new negotiated rulemaking committee formed by the Department of Education to focus on institutional accountability, has announced the names of those who will serve as facilitators and negotiators. The following negotiators will represent the private, nonprofit sector of higher education when the committee begins its work on January 18: Kelli Hudson Perry, assistant vice president for finance and controller, Rensselaer Polytechnic Institute; and Emmanual A. Guillory, director of student and institutional aid policy, NAICU.

The Department of State recently issued a proposed rule that would increase fees for non-immigrant visas to offset the expense of the consular services required for their administration.  The proposed increases come after a study by the Bureau of Consular Affairs assessed the cost of providing these services. 

Happy New Year! I hope you were able to enjoy a respite, however brief, during the holiday season. I am writing to you from the Council of Independent Colleges’ annual Presidents Institute. It has been refreshing and energizing to see so many colleagues in person after such a long time. I am looking forward to seeing many of you next month in Washington, DC for NAICU’s Annual Meeting and Advocacy Day as well.

Details on the process an institution must follow to be designated as a Minority-Serving Institution (MSI) have been released by the Department of Education.  The Higher Education Act includes specific requirements that institutions must meet in order to be designated as an MSI.  

The Office of Federal Student Aid  released updated federal student aid data to reflect the end of the last federal fiscal quarter of 2021, which is September 30. These updated reports reflect the flexibilities applied to borrower accounts as prescribed in the CARES Act and extended by executive actions through May 1, 2022. 

Last year, the Department of Education announced modifications to the Public Service Loan Forgiveness (PSLF) program known as the “limited PSLF waiver” due to the national COVID-19 emergency. In an effort to provide clarity for all borrowers, the Department provided updated information regarding the expectations for Federal Family Education Loans (FFEL) and Perkins Loan program operators as they seek to support borrowers navigating the limited PSLF waiver. 

In order for institutions of higher education to qualify for discretionary grant programs, they are usually required to meet various priorities within the competitive grant competition. These priorities can change depending on the grant program.  
 

The Department of Education is accepting grant applications for three discretionary grant programs available to many NAICU members. Applications are due in the coming weeks. 

The end-of-year flurry of activity continued this week in Washington. Today’s Washington Update includes stories related to veteran students on campuses and the Department of Education’s negotiated rulemaking panel, which NAICU was very engaged in, that looked at issues related to affordability and student loans.
 

Having passed in the House last week, the Senate has now approved legislation that will benefit tens of thousands of veteran students on campuses nationwide.

The Affordability and Student Loans negotiated rulemaking committee session, which focused on a range of topics critical to both student loan borrowers and institutions, concluded its three-month work last week having reached consensus on four of the eight topics (listed below) that were being negotiated.

NAICU’s upcoming Annual Meeting and Advocacy Day, its first in-person meeting since the onset of the COVID-19 pandemic, will be the premier policy and advocacy event for private, nonprofit college and university presidents and other higher education leaders.

While the churning in Congress showed no signs of abating this week, progress was made on several important measures. Top among them was a convoluted agreement among Senate leaders that will allow the debt ceiling to be extended until after the 2022 midterm elections. That plan looks likely to pass, with only Democratic votes, before the December 15 deadline set by Treasury Secretary Janet Yellen.

After several months of tumultuous negotiations, the House has approved legislation clarifying that the prohibition against incentive compensation in the GI Bill does not apply to the recruitment of foreign students.  This change conforms the incentive compensation provisions of the GI Bill with those of the Higher Education Act.  The bill is now on its way to the Senate where it is expected to be considered next week. 

After months of disagreements over how to proceed on the annual National Defense Authorization Act (NDAA), Congress has at last negotiated a final bill that the House passed this week and sent to the Senate, which is expected to take it up very soon.  

A federal district court has issued a nationwide injunction temporarily blocking the vaccine mandate for federal contractors from going into effect. 

The Department of Education announced the creation of a new negotiated rulemaking committee to focus on institutional and programmatic eligibility. The Institutional and Programmatic Eligibility Committee, which will begin its work in January, is expected to cover the following issue topics: 90/10 rule that applies to proprietary institutions; Ability to benefit; Certification procedures for participation in Title IV, HEA programs; Change of ownership and change in control of institutions of higher education; Financial responsibility for participating institutions of higher education; Gainful employment; and Standards of administrative capability.

I hope you were able to enjoy a happy, healthy, and restful Thanksgiving holiday break. As campuses sprint toward the end of the year, so too is Congress, which has several vital bills pending that need to be addressed before year’s end.

The month between Thanksgiving and Christmas is always a busy time for Congress to wrap up unfinished business before the year ends. This year is no different, with three must-pass pieces of legislation still pending and the Build Back Better reconciliation bill unfinished. Adding to the chaos, all three bills and Build Back Better face roadblocks in the Senate.

In October 2020, the Department of Veterans Affairs (VA) increased oversight of colleges’ compliance with the 85/15 rule, which is intended to ensure that no more than 85% of a course of study (major) be made up of veteran students using VA benefits. At issue is the counting and reporting of students who use VA educational benefits to pay for tuition. 

For student aid and higher education, the CBO estimate also confirmed that the cost of the $550 increase in the Pell Grant maximum award is $12.3 billion over four years. The bill now goes to the Senate, which is expected to begin debate after Thanksgiving. You can read more about the bill and next steps in our lead story below

After months of Democratic intraparty turmoil, and an unexpected delay last night by the House Republican leader, who essentially filibustered the bill for eight hours, the House of Representatives passed the Build Back Better Reconciliation bill by a vote of 220-213. 

Responding to a ruling by the U.S. Court of Appeals for the Fifth Circuit, the Occupational Safety and Health Administration (OSHA) has suspended enforcement of its rule that established an emergency temporary standard (ETS) requiring large employers to impose a vaccine or testing mandate on their employees. 

In a hearing this week, two subcommittees of the House Committee on Education and Labor held a joint hearing to review the implementation of the COVID relief education funding over the last 18 months. The Subcommittee on Early Childhood, Elementary and Secondary Education and the Subcommittee on Higher Education and Workforce Investment heard from Cindy Marten, deputy secretary at the Department of Education, regarding the Elementary and Secondary School Emergency Relief funds, and James Kvaal, under secretary at the Department, regarding the Higher Education Emergency Relief funds (HEERF).

This week, as part of International Education Week, NAICU joined seven other higher education associations in formally calling for federal action to increase international student enrollment on U.S. college and university campuses.  The statement follows months of work among the higher education community on strategies for engaging Congress and the Biden Administration on ways to develop and implement a national strategy to return international student enrollment and exchanges to pre-COVID 19 numbers.

Members of Congress took a break this week to work in their home districts after passing the long-awaited bipartisan infrastructure package late last week. As we reported earlier this year, this bill, passed by the Senate this summer, includes several provisions important to colleges and universities and their students. Of particular note is the $65 billion included for broadband internet expansion across the country.

The Department of Education recently announced the availability of three new grant opportunities for colleges and universities to apply for to assist in a range of student-centered programs and initiatives. 

This week, as the pressure increased on the Democratic leadership to deliver on President Biden’s signature climate, social and infrastructure packages before Thanksgiving, Congress continued to wrestle with what to include in the Build Back Better reconciliation legislation.

The Occupational Safety and Health Administration (OSHA) has published its highly anticipated rule on vaccines for employers with 100 or more employees.  Published as an interim final rule, the directive establishes an emergency temporary standard (ETS) governing COVID-19 vaccination and testing requirements which will affect all large employers, including many colleges and universities. 

During the 2021 appropriations process, Congress created the Center of Educational Excellence for Black Teachers program to support one or more model centers of educational excellence at Historically Black Colleges and Universities (HBCUs).  These model centers would be focused on increasing the number of well-prepared Black teachers who teach in elementary and secondary schools.

The headline for private, nonprofit higher education in the President’s Build Back Better package is the $550 increase in the maximum Pell Grant, for the next four years, guaranteed on top of any regular funding increases. (Here is the statement I released yesterday.) It is a remarkable achievement to see the Pell Grant maximum increase by ten percent in a bill in which overall funding was cut in half and all higher education funding could have been lost. While we would have liked to see a larger increase, this show of support is a positive step toward our goal of doubling the Pell Grant maximum

The long-awaited Build Back America reconciliation agreement among Democrats kept a significant increase to the Pell Grant maximum and support for Historically Black Colleges and Universities (HBCUs), Tribal Colleges and Universities (TCUs), and Minority-Serving Institutions (MSIs) at the forefront of the final deal on higher education provisions.

In a recent hearing, the Senate Veterans Affairs Committee heard from agency officials and veterans’ advocates regarding education, training, and housing benefits for improving “success after service.” Ensuring veterans have access to the benefits they have earned and need to transition to post-service life is the key mission for the congressional committee and the Department of Veterans Affairs (VA). 

The Office of Federal Student Aid (FSA) released information to help borrowers transition back into repayment once the current student loan repayment pause ends on January 31, 2022. FSA recommends that borrowers update their contact information in their profile on their loan servicer’s website and in their StudentAid.gov profile.  It also recommends that borrowers research repayment plans that will best meet their goals, paying specific attention to the income-driven repayment plans. 

This week, new student aid quarterly data was released by the Office of Federal Student (FSA) covering the third quarter of 2021. While this data includes the standard information on the overall outstanding student loan debt, student loan debt delinquencies, and income-driven enrollment, it also includes new student loan servicer performance metrics and allocations that took effect on September 1, 2021. 

In an effort to exercise further oversight over the practices of the Office of Federal Student Aid (FSA), the Subcommittee on Higher Education and Workforce Investment of the House Committee on Education and Labor held a hearing examining FSA’s policies and priorities. The hearing offered the opportunity for Members of Congress to question FSA Chief Operating Officer Richard Cordray directly. 
 

Washington has been on pins and needles this week as Congressional Democrats appear to be inching closer to a deal on the “Build Back Better” reconciliation package. While nothing is in writing yet, the latest news is that Democrats are coalescing around a spending total between $1.75 trillion and $1.9 trillion, down from the original $3.5 trillion. Lowering total spending to that level means programs are being cut, modified, or eliminated.

The Senate released details of its FY 2022 appropriations bills this week, including the Labor-HHS-Education Appropriations bill, which funds student aid and includes a $400 increase in the Pell Grant maximum award, to $6,895, and increases for all other student aid programs.

The Department of Education issued a reminder about the upcoming October 28 deadline for interested Title IV-eligible postsecondary institutions to apply for participation in the Second Chance Pell experiment by submitting a letter of interest. 

Data released last month by the Department of Education show that private, nonprofit colleges and universities again had the lowest cohort default rate (CDR) of any higher education sector.  According to the Department, the FY 2018 national CDR was 7.3%, while the rate for the private, nonprofit sector was just 5.2%, a significant decrease from the previous year’s 6.7% CDR.  

Beginning early next year, the Department of Education will increase the oversight of a half-dozen federal student loan servicers.  Focused on protecting borrowers, the Office of Federal Student Aid (FSA) will be monitoring and assessing the Great Lakes, HESC/Edfinancial, MOHELA, Navient, Nelnet, and OSLA Servicing loan service providers. 

One of the nation’s top officials on policies affecting colleges and universities, James Kvaal, undersecretary at the Department of Education, will be a plenary speaker for NAICU’s 2022 Annual Meeting and Advocacy Day, February 6-9, 2022 in Washington, DC.  Registration for the Association’s first in-person annual meeting in two years is now open.

This week’s Washington Update includes a story on the Department of Education reestablishing an enforcement office to increase oversight of postsecondary institutions that participate in the federal student loan, grant, and work-study programs. While this is our only story this week, my letter includes several important updates.

The Office of Federal Student Aid (FSA) is reestablishing an Office of Enforcement to increase oversight of and enforcement actions against postsecondary institutions that participate in the federal student loan, grant, and work-study programs. The office will be led by Kristen Donoghue, and report directly to Richard Cordray, the FSA’s chief operating officer.  

The White House made two new resources regarding federal vaccine mandates available to the public this week. These documents provide additional information about the mandates but are otherwise consistent with President Biden’s COVID-19 action plan. More details about federal vaccine mandates are expected to follow in the coming weeks. 

This week marked the beginning of the Department of Education’s negotiated rulemaking session to assess modifying regulations pertaining to student aid programs. 

The Department of Education announced that, due to COVID-19, the Public Service Loan Forgiveness (PSLF) program’s requirements are temporarily being waived for those who are participating in the program. For a limited period of time, borrowers may receive credit for many past payments made on loans that would otherwise not qualify for PSLF. 

Historically Black Colleges and Universities (HBCUs) were the focus this week of the Subcommittee on Higher Education and Workforce Investment of the House Committee on Education and Labor.  The committee held a hearing focused on the long history and the continuing contributions of HBCUs to American society.  

The theme for NAICU’s 2022 Annual Meeting and Advocacy Day is Coming Together With Purpose, which is appropriate as this will be the association’s first in-person annual meeting in two years and will include speakers, topics, and sessions focused on the critical issues facing private, nonprofit higher education.  As the annual meeting approaches next February, the program, issues being covered, and speakers are coming together.

On the brink of a new fiscal year, Congress was able to pass a continuing resolution to avoid a government shutdown by mustering the bipartisan votes to keep the government open until December 3. However, the clock is still ticking on the debt limit, and Democrats have missed their nonbinding deadline for passing their priorities in infrastructure and social programs. 

Under new guidance released last week, federal contractors and subcontractors will be required to impose COVID-19 vaccine mandates and other safety protocols on their employees. This is the first of several steps expected to be unveiled in the coming weeks, including the much anticipated guidance for employers with more than 100 employees.

The National Labor Relations Board (NLRB) has issued a memo concluding that many student athletes at private nonprofit colleges and universities are entitled to protection under federal labor law.  The Board’s conclusion reinstates an Obama-era policy that had been reversed by the Trump Administration.

This week, the Department of Homeland Security (DHS) issued a notice of proposed rulemaking (NPRM) to preserve and fortify the Deferred Action for Childhood Arrivals (DACA) program.  The DACA program allows non-citizens who came to the U.S. as children to temporarily avoid deportation and obtain renewable work permits.  The proposal allows for a 60-day public comment period before DHS moves to finalize the rule.

The Department of Education began circulating draft proposals this week to amend a wide range of federal higher education policies through the negotiated rulemaking process that begins next week.  Among the policies being looked at are closed school discharges, borrower defense, public service loan forgiveness, and total and permanent disability discharge. 

The Subcommittee on Higher Education and Workforce Investment of the House Committee on Education and Labor held a hearing this week focused on improving the Closed School Discharge program, which provides relief to students when their school suddenly closes.

After passing the Senate earlier this year, the House passed S. 848, the Consider Teachers Act, by a bipartisan vote of 406-16. This bill aims to fix the Teacher Education Assistance for College and Higher Education (TEACH) Grant program, which supports teachers in underserved schools. The bill now goes to President Biden, where he is expected to sign it soon.

Currently in Washington, Congress and the White House are working on multiple fronts, from varying perspectives, to negotiate several pieces of budget legislation. While there are lots of competing priorities for new programs and new spending government-wide, the only two pieces of legislation that are “must pass” from an economic standpoint are avoiding both a government shutdown and default. How Congress and the White House come to a bipartisan agreement to achieve this will require a lot of negotiating over the next couple of weeks, which will have significant implications for funding and reconciliation legislation later this fall.

Rules governing educational programs under the Veteran’s Administration continue to change, creating a steady stream of chaos for institutions seeking to serve military veterans.

The Department of Education announced that it will be awarding more than 5,100 grants, totaling around $2.6 billion, to new and existing grantees.  The Fiscal Year 2021 grants, which will be awarded by September 30, 2021, are in addition to funding received due to COVID-19 and will include funding to students and institutions of higher education. 

The House Committee on Ways and Means approved a large package of health, trade, unemployment, green energy, and tax provisions as part of its budget reconciliation efforts this week.  

While the tax portion of the package includes several higher education provisions that are welcome by our sector, unfortunately, there is also a new Treasury Department research grant program that would only be available to public colleges.

New federal COVID-19 prevention measures announced by President Biden last week are likely to impact a majority of colleges and universities. Specifically, at least three components of Biden’s ambitious COVID-19 plan – a vaccine or testing mandate for large employers, paid time off for workers who get vaccinated, and a vaccine mandate for federal contractors – affect the higher education sector. 

This week, the Senate confirmed James Kvaal as the next Under Secretary of Education by a vote of 58-37. The Under Secretary serves as the top higher education post at the Department of Education and is responsible for coordinating policies, programs, and activities related to postsecondary education, career-technical education, adult education, federal student aid, and the White House Initiatives on Historically Black Colleges and Universities. The Under Secretary is also responsible for executing the Biden Administration’s higher education and student aid agenda.

As part of the FY 2022 budget reconciliation process, the House Committee on Education and Labor wrote its version of the “Build Back Better” legislation to meet the September 15 deadline for Committee reports outlined in the reconciliation plan approved by Congress.  The committee will resume consideration of amendments Friday afternoon, then the bill is expected to pass committee on a party line vote. 

There are several key dates coming up this fall that colleges and universities need to be aware of as it relates to civic engagement and participation.  The upcoming days are Constitution Day on September 17, and National Voter Registration Day on September 28.  Additionally, colleges in New Jersey and Virginia, which both have upcoming gubernatorial elections, have specific voter registration requirements they must meet related to those elections.  

In a periodic review of the Department of Education’s implementation of the three major coronavirus pandemic relief bills (CARES, CRRSAA and ARP), the Government Accountability Office (GAO) found that a small percentage of institutions received more funds than they were allocated. 

Last week NAICU joined an amicus brief in support of New York University (NYU) in a lawsuit seeking a refund of tuition and fees in connection with the university’s decision to move to remote learning in the wake of the COVID-19 pandemic. The brief focuses on the enormous costs and revenue losses that institutions faced at the beginning of the pandemic in order to counter the argument that colleges and universities experienced coronavirus-related financial windfalls. 

The House of Representatives returned this week during its August recess for a party-line vote in favor of S. Con. Res. 14, a procedural rule that deems the Senate version of the FY 2022 budget resolution passed and schedules consideration of the Infrastructure Investment and Jobs Act on or before September 27.

NAICU and other higher education associations worked together to submit official comments regarding the Department of Education’s recent request for public comment on proposed changes to the reporting requirements for Higher Education Emergency Relief Funds (HEERF). 
 

The Department of Education announced this week that it will halt enforcement of a provision in the Title IX sexual harassment regulations that prohibits the decision-maker in a Title IX hearing from relying on statements that are not subject to cross-examination.


 

Education Secretary Miguel Cardona announced a series of relief measures for student loan borrowers during the past week, easing the rules for students who are on active duty, students who are totally and permanently disabled, and students who have been defrauded by their schools.
 

Trump-era regulations governing freedom of speech and religion on college campuses are currently undergoing a review, the Department of Education announced this week.

The Biden Administration ordered FEMA to extend full funding for COVID-19 Emergency Costs until December 31, 2021. These funds allow entities, including colleges and universities, to be reimbursed for eligible emergency protective measures such as disinfecting of eligible public facilities and purchase and distribution of personal protective equipment. However, FEMA assistance cannot duplicate assistance provided by other federal agencies.  FEMA has produced a Fact Sheet listing examples of protective measures.
 

This week, Senate Democrats passed the FY 2022 budget resolution, which includes investments in social programs so large it is being compared to the New Deal.  

House and Senate Budget Committees conferred on the outline of the budget resolution to increase the chances of passage later this month.  In an unusual move, the House has announced it will return August 23 to vote on the budget resolution and other matters. 

The Department of Education announced the final extension of the student loan repayment pause, pushing the end date to January 31, 2022.  According to the Department, “this additional time and a definitive end date will allow borrowers to plan for the resumption of payments and reduce the risk of delinquency and defaults after restart.”

The Department of Education announced it is seeking nominations for a negotiated rulemaking committee session regarding the federal student aid programs authorized under Title IV of the Higher Education Act.  The Department is planning to establish a primary committee focusing on affordability and student loans and a subcommittee focusing on prison education programs. 
 

In a new legal interpretation released earlier this week, the Department of Education revised and clarified its position on the legality of state laws and regulations that govern various aspects of the servicing of federal student loans. 

Details of the Senate’s bipartisan $1 trillion infrastructure bill were released this week. The bill, which is primarily centered on traditional infrastructure needs such as roads, bridges, trains and transits, does include several programs of interest to higher education:  broadband expansion and extension of the broadband emergency benefit program for Pell Grant recipients.

The Second Chance Pell experiment has been extended for the 2022-23 award year the Department of Education announced recently. Currently 131 institutions are permitted to offer their prison education programs with the support of Pell Grant awards. The expansion will allow up to 200 colleges and universities to participate. 

Congress is following its typical July ramp up activity on funding before it leaves for August recess with both chambers taking actions that will affect how federal money is spent for a number of years ahead.  

This week the House passed a 7-bill “mini-bus” appropriations bill, which includes funding for the Department of Education, while members of the Senate finally seem to have agreed to a bipartisan $1 trillion framework for a physical infrastructure bill. 

In a ruling that largely upheld the Trump Administration’s Title IX regulations on sexual harassment, a federal judge singled out one provision as unlawful. 

The provision in question prohibits colleges and universities from relying on the statements of any witnesses who do not submit to cross-examination at the live hearing required by the regulations. The court noted that the procedural safeguards afforded to the accused student – the ability to influence when the hearing is scheduled, the right to avoid self-incrimination by refusing to testify, and the right to speak freely about the investigation to others – combined with an institution’s lack of authority to subpoena witnesses means that a college or university could be precluded from holding a hearing that was fair to the victim.

The Department of State has confirmed that continuing students do not need a new I-20 for entering the United States under the National Interest Exemption (NIE).  The Department also clarified that Students with valid F-1 or M-1 visas traveling to begin or continue an academic program (including Optional Practical Training or OPT) do not need to contact an embassy or consulate to seek an individual NIE to travel.  Students can enter the U.S. no more than 30 days before the start of their academic program.  

As the Department of Education seeks to fully account for and justify to Congress and the public that the $77 billion provided to students and institutions in coronavirus relief was well spent, it is considering expanded reporting requirements for colleges and universities.  However, the unexpected detail of the reporting expansion proposed could be a hefty compliance burden for institutions. 

This week, the Departments of Education and State issued a joint statement, the first such statement between the two agencies in twenty years, on the value of international education to our nation.  In addition to touting the benefits of research, the extraordinary document also describes American higher education as “among our most precious assets as a nation.”

The Subcommittee on Higher Education and Workforce Investment of the House Committee on Education and Labor held a hearing to examine the impact of the Pell Grant on providing access to higher education for low- and moderate-income students, student success, and how federal legislation can help keep the promise of the nearly 50-year-old program.  

The Subcommittee on Economic Policy of the Senate Committee on Banking, Housing, and Urban Affairs held its second hearing regarding the Public Service Loan Forgiveness Program (PSLF), following up on a previous hearing held in April. 

The primary focus of this week’s hearing was on PSLF and the current student loan repayment pause. In her opening statement, Subcommittee Chair Elizabeth Warren (D-MA) emphasized that President Biden should extend the student loan repayment pause until March of 2022, forgive $50,000 in student loan debt, and rebuild the student loan system.

A debate about student outcomes took center stage at this week’s virtual meeting of the National Advisory Committee on Institutional Quality and Integrity (NACIQI).

During review of Accrediting Commission of Career Schools and Colleges (ACCSC), a for-profit accreditor, no compliance issues were identified by Department of Education staff. However, NACIQI members hesitated to recommend renewal of the accreditor’s federal recognition because of concerns about poor outcomes for students – such as weak debt-to-earnings ratios and graduation rates – at the institutions that ACCSC has approved for accreditation. Ultimately, a divided NACIQI recommended that ACCSC’s recognition be renewed for a period of three years. 

A federal judge in Texas ruled last week that the Deferred Action for Childhood Arrivals (DACA) program established by President Obama is illegal and ordered the Biden Administration to stop approving new applications.  The DACA program allows non-citizens who came to the U.S. as children to temporarily avoid deportation and obtain renewable work permits.

As part of its comprehensive review of Title IX, the Department of Education issued new Title IX guidance on sexual harassment this week. The 67-page Q&A document is intended to clarify questions that have arisen with respect to the 2020 regulations and identify areas of flexibility for institutions of higher education.  The guidance is one of several developments that took place this week regarding Title IX. 

Legislation that would increase the annual tax-free education assistance amount that employers can provide to employees has been introduced in both the House of Representatives and Senate.  The bills would increase the annual amount of education assistance that employees can use for either tuition assistance or student loan repayment from $5,250 annually to $12,000.  The annual tax-free assistance amount, contained under Sec. 127 of the Internal Revenue Code, has not been increased in over 35 years.

The House Committee on Appropriations approved the FY 2022 Labor-HHS-Education Appropriations bill this week, providing substantial increases across all higher education programs. 

The bill meets or exceeds President Biden’s request for student aid funding. For the Pell Grant program, the bill includes $24.725 billion, a funding increase of $2.25 billion. This amount provides for an appropriated increase of $400 for the maximum grant, raising it to $6,845 for 2022-23, as requested in the president’s budget. The president’s American Families Plan proposes an additional $1,475 in mandatory funding to further increase the Pell Grant maximum to $8,370, which will require the passage of additional legislation. 

The Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing this week to consider three of President Biden’s nominees for posts at the Department of Education. 

The committee considered the nominations of Elizabeth “Lisa” Brown for General Counsel and Roberto Rodriguez for Assistant Secretary for Planning, Evaluation and Policy Development. However, the majority of the hearing focused on the controversial nomination of Catherine Lhamon for Assistant Secretary of the Office for Civil Rights. Lhamon, who previously served in the same position during the Obama Administration, has long been a lightning rod for criticism over the role she played in aggressively enforcing Obama-era Title IX policies on sexual assault policies. 

In the Coronavirus Relief and Response Supplemental Appropriations Act (CRRSAA) of December 2020, institutions that paid the endowment tax in 2019 had their Higher Education Emergency Relief Funds (HEERF) allocation limited to only half of their formulaic allocation.  Additionally, their use of funds were limited to student grants or to cover pandemic expenses related to the health and safety of the campus.  

The bill, however, also allowed these institutions to request a waiver from these limitations.

Earlier this week, the Department of Veterans Affairs detailed procedures for institutions to request a waiver if they are unable to comply with the new information provision requirements included in recently enacted veterans’ legislation. That bill, the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, was signed into law in January and goes into effect on August 1, 2021.  

The Department of Education announced that in light of the pandemic, the agency will temporarily relax federal student aid verification requirements. The Department’s move will ease the burden of verification, which disproportionately impacts low-income and minority students. 

The Department of Education announced it has approved a total of 1,800 borrower defense claims, totaling $55.6 million in student loan relief.  According to the agency, borrowers who attended the Court Reporting Institute (CRI), Marinello Schools of Beauty, and Westwood College received 100% loan discharges. 

The Department of Education released six proposed priorities and definitions that it plans to apply to future applications submitted under the agency’s discretionary grant programs. 

Today’s edition of Washington Update is an abbreviated version that provides updates on several key topics related to private, nonprofit higher education. Today’s issue focuses on broadband access, the Partnerships for Affordability and Student Success (PASS) Act, doubling the Pell Grant, and leadership changes at both the Education Department and on the NAICU Board of Directors.

This rule change would have placed burdensome limits on international student visas and interfered with long-standing “Duration of Study” provisions under current law.

Last month, the Department of Education announced a massive regulatory agenda, including plans to rewrite a broad set of regulations affecting federal student aid and institutional accountability.  Given the agenda’s ability to address gaps in postsecondary outcomes such as retention, completion, loan repayment, and student loan defaults, NAICU weighed in on the proposals during a public comment period.

The National Collegiate Athletic Association (NCAA) announced this week that the governing bodies of all three college divisions adopted a uniform interim policy suspending NCAA name, image and likeness rules for all current and incoming student-athletes in all sports effective July 1, 2021.
 

The opening statements from Subcommittee Chairman Bill Pascrell (D-NJ) and Ranking Member Bill Kelly (R-PA) stated their mutual concern for access to higher education, cost and student debt.  Rep. Pascrell stated support for the elimination of student loan debt, while Rep. Kelly opposed both free college and the elimination of loan debt by the federal government.

The two new categories are likely employment prospects and the ability to transfer credits. Approximately 18,000 borrower defense claims were approved under these two new categories and these borrowers will receive 100 percent loan discharges.

In a recent hearing, the Senate Committee on Health, Education, Labor and Pensions heard from representatives of institutions of higher education regarding their response to the coronavirus, plans for returning to campus, and how they used their emergency relief funds.  The hearing comes as quarterly reporting on Higher Education Emergency Relief Funds (HEERF) are due in just two weeks, on July 10.  It is expected that congressional oversight committees will continue to look at how institutions are using the emergency grants for students and institutions. 

In a highly anticipated decision, the Supreme Court ruled in favor of student athletes who challenged National Collegiate Athletic Association (NCAA) limits on providing education-related benefits to college athletes. The Court’s ruling in NCAA v. Alston unanimously upheld an appellate court’s finding that NCAA limits on education-related benefits violate federal antitrust law.

The Department of Education issued additional guidance this week to mark the 49th anniversary of Title IX and to provide supplemental information about harassment involving lesbian, gay, bisexual, transgender, and queer (LGBTQ+) students. The new guidance follows last week’s release of a notice interpreting Title IX to prohibit discrimination on the basis of sexual orientation and gender identity. 

In response to calls to double the Pell Grant maximum by President Biden and the higher education community, Congress has taken the first step toward achieving that goal by introducing the Pell Grant Preservation and Expansion Act of 2021. The bill includes a path to double the maximum Pell Grant over the next five years, as well as a number of significant changes to provided additional aid to exceptionally needy students.  
 

The House passed a resolution deeming the discretionary spending total for FY 2022 to be $1.5 trillion, the same amount as President Biden’s budget request for annual spending this year. A joint congressional budget resolution is usually the first step in the budget and appropriations process, but because of the need for pandemic relief and recovery legislation earlier this year, the budget process is off to a slow start. 

The Department of Education has issued guidance concluding that Title IX prohibits sexual orientation and gender identity discrimination. 

In the new guidance, the Department examines the Supreme Court’s decision in Bostock v. Clayton, which held that a federal employment discrimination law that prohibits sex discrimination extends to bar discrimination on the basis of sexual orientation and gender identity. Based on the Court’s reasoning in that case, the Department concluded that Title IX’s prohibition against sex discrimination likewise prohibits discrimination against LGBT students. 

The office of Federal Student Aid (FSA) announced that certain elements of the Free Application for Federal Student Aid (FAFSA) Simplification Act of 2020, which was expected to be fully implemented by July 1, 2023, will face a delay, pushing full implementation to as late as the 2024-2025academic year. 

In an unusual but not unprecedented move, the Supreme Court has asked for the Biden Administration’s view on whether the Justices should review an affirmative action case involving Harvard University. The move will give the Court an opportunity to better understand the Administration’s position on the issue, but it will also delay the Court’s decision about whether to accept the case. 

The Department of Education kicked off its comprehensive review of Title IX this week with a five-day hearing that included oral testimony about sexual harassment on campus from hundreds of students, parents, educators, and other advocates. 

The Department is also accepting written comments submitted before 5:00 p.m. EDT today. NAICU has submitted its own written comments  describing the impact of the 2020 sexual harassment regulations on private, nonprofit colleges and universities.  

After weeks of negotiations, the Senate passed the U. S. Innovation and Competition Act (formerly the Endless Frontier Act) authorizing $250 billion for research across multiple government agencies to support cutting edge scientific research and innovation to keep the United States globally competitive.  The bill also includes reauthorization of Title VI of the Higher Education Act on International Education. The undertone of the debate and bipartisan support for the final bill is to show that Congress can be tough on China.  

For colleges and universities, the bill balances a significant investment in federally funded research with restrictions to combat concerns about foreign influence in academia, whether from students, faculty or foreign entities. 

Just prior to the Memorial Day weekend, Congress approved the Training in High-demand Roles to Improve Veteran Employment (THRIVE) Act, which revises several provisions of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 signed into law in January.  

In an effort to help colleges navigate the next academic year, the Department of Education issued new resources to help overcome issues related to the COVID-19 pandemic as well as an analysis of the impact of the pandemic on vulnerable students.  The resources include a handbook on safely reopening colleges and a report on the disparate effects of the pandemic on America’s students, from early childhood to college.  

According to the Small Business Administration, as of May 21, the Paycheck Protection Program (PPP) has administered 5.2 million loans nationally to small businesses and non-profits, including eligible colleges and universities, and 3.3 million of these loans have been forgiven. In total, $279.4 billion of the funds have been forgiven out of $521.2 billion lent.

President Biden submitted his full FY 2022 budget to Congress before the Memorial Day recess with an historic increase proposed for the Pell Grant program. President Biden is proposing a $1,875 increase in the Pell Grant maximum for FY 2022, bringing the total to $8,370.

By combining the $400 increase from the “skinny budget” and the $,1400 increase from the American Families Plan, both realized in April, and topping it off with an additional $75 from his full budget, President Biden has taken a big step toward doubling the Pell Grant maximum. 

The Department of Education announced a sweeping regulatory process that will affect many aspects of federal student aid and institutional accountability.  Many of the issues identified to be tackled have been previously addressed in a back and forth cycle of regulatory rewrites that have spanned both the Obama and Trump administrations and the federal courts.  

The negotiated rulemaking committees being proposed by the Department are designed to develop draft regulations on the affordability of postsecondary education, institutional accountability and stability, and federal student loans. The Department is also inviting public input on how it can address, through its Title IV regulations, gaps in postsecondary outcomes such as retention, completion, loan repayment, and student loan default by race, ethnicity, gender, and other key student characteristics. 

A senior official at the Department of Education has terminated federal recognition of the Accrediting Council for Independent Colleges and Schools (ACICS), a for-profit accreditor with a troubled history. The termination is effective immediately, although ACICS may opt to appeal the decision to Secretary of Education Miguel Cardona. 

The Department of Education is inviting eligible colleges and universities to apply for funding in the Native American-Serving, Nontribal Institutions (NASNTI) program. This program is found in Title III, Part F, of the Higher Education Act and allows institutions to plan, develop, undertake, and carry out activities to improve and expand the capacity to serve the Native Americans on their campuses. The Department is making $4.7 million available in total funds to provide grants to eligible institutions. 

The Department of Education has opened registration for the upcoming public hearing on Title IX and released a notice containing additional details about the hearing process. The public hearing is the first step in the Department’s comprehensive review of the agency’s Title IX regulations, guidance, and related policies. 

The Department of Education issued notices inviting applications for several new awards for fiscal year (FY) 2021.  These include grant opportunities in the Asian American and Native American Pacific Islander-Serving Institutions (AANAPISI) program, the Predominantly Black Institution Competitive (PBI–C) Grant program, the Strengthening Institutions Program (SIP), and the Minority Science and Engineering Improvement Program (MSEIP).

Exactly two months after enactment of the American Rescue Plan Ac (ARP), the Department of Education issued allocation tables and detailed guidance for the use of Higher Education Emergency Relief Funds, known as “HEERF III.” This third and final tranche of emergency relief brings the total higher education assistance to fight the pandemic on campus to $76.55 billion.  

The Federal Communications Commission (FCC) has announced that Pell Grant students automatically qualify to participate in the new broadband subsidy program created under the Coronavirus Relief and Response Supplemental Appropriations (CRRSA) Act. The FCC is now accepting applications to the Emergency Broadband Benefits Program, which provides discounts for broadband services and certain devices to help low-income households, including students, stay connected during the COVID-19 pandemic. 

Despite the change in the political majority this session, the Senate continues its bipartisan work targeted at concerns about the influence of China and other foreign entities throughout American society. Senators are particularly concerned with foreign influence on research and innovation at American universities, especially those using federal funds. 

The Department of Education has announced that it will hold a public hearing on improving enforcement of Title IX. The multi-day hearing will be held virtually June 7-11, 2021.

The goal of the hearing is to solicit public feedback about the Department’s efforts to enforce Title IX, particularly with respect to campus sexual assault. The Department is also requesting comments on the agency’s role in addressing discrimination based on sexual orientation and gender identity. The hearing is also likely to inform the Department’s plans to rewrite the sexual harassment regulations issued by the Trump Administration. 

Secretary of Education Miguel Cardona testified at the House Labor-HHS-Education Appropriations Subcommittee hearing outlining the Biden Administration’s broad parameters for education priorities in FY 2022. Secretary Cardona’s comments reflected the “skinny budget” issued by President Biden last month. The full FY 2022 budget is expected to be released in late May, which will include detailed programmatic funding levels and policy proposals.  

The Department of Education announced that it is now accepting applications for the Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP). Institutions can apply for a partnership grant and states can apply for a state grant and must do so by the Department’s June 28, 2021 deadline.

The Department of Education announced that Richard Cordray has been named Chief Operating Officer of Federal Student Aid. In this role, Cordray will lead the office of Federal Student Aid. The office of Federal Student Aid manages all student aid programs, including all federal student loans, the Pell Grant program, and campus-based aid programs.

The Department of Education launched the Safer Schools and Campuses Best Practices Clearinghouse to provide educational institutions with advice and information about how to safely reopen for in-person learning. The Clearinghouse will be a place to share and highlight best practices and lessons learned for operating safely during and after the pandemic.
 

Marking 100 days in office, President Biden has released his American Families Plan, which calls for a $1,400 increase in the Pell Grant maximum, on top of the $400 increase already proposed in the skinny budget, for a total of $1,800 this year. 

Raising the maximum grant from $6,495 to $8,295 is presented as a first step toward doubling the grant to $13,000. At $85 billion, Biden’s plan touts the increases as part of a “comprehensive plan to double the Pell Grant maximum.” 

The Department of Homeland Security’s Student Exchange Visitor Program has extended its distance learning guidance to allow certain students to reenter the U.S. and continue their studies.  Students allowed to reenter under this guidance are those who are F-1 and M-1 student visa holders actively enrolled in U.S. colleges and universities as of March 9, 2020, and took courses online while outside the country. 

The Department of Education’s Federal Student Aid office announced this week that it has updated its summary-level Return of Title IV (R2T4) reporting functionality for institutional CARES Act reporting.  According to the announcement, the R2T4 Lump Sum Reporting page is now available on the Common Origination and Disbursement System website.  

As a result of this update, institutions can use the new R2T4 page to report summary-level totals of Title IV funds that were not returned due to increased flexibility under the CARES Act. 

This week, Congress held two different hearings that addressed various issues related to telehealth, including issues that may affect institutions of higher education. 

In particular, both hearings touched on the Temporary Reciprocity to Ensure Access to Treatment (TREAT) Act (H.R. 708/S. 168), a bipartisan bill that would provide temporary license reciprocity across state lines during the pandemic. NAICU, along with other members of the higher education community, is advocating for passage of the bill. 

This week, the Department of Education announced that institutions are now able to apply for funding in the Alaska Native and Native Hawaiian-Serving (ANNH) Institutions program in Title III, Part F, of the Higher Education Act. This program provides grant opportunities for colleges and universities to “improve and expand their capacity to serve Alaska Natives and Native Hawaiians on campus.”

College conversions from for-profit to nonprofit status were the subject of a full committee hearing this week by the House Committee on Education and Labor. The committee is concerned there is a lack of federal oversight of the conversion process and subsequent college operations.  

The Department of Education  has issued final regulations regarding the 10 percent portion of the formula related to endowment amounts at Historically Black Colleges and Universities (HBCUs), included in the Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA).

Two Congressional hearings held this week underscored the growing interest on Capitol Hill in both community colleges and their relationship to workforce training. 

Senator Bernie Sanders (I-VT) introduced the “College for All Act” this week, proposing the entire menu of higher education investments Democrats campaigned on in the 2020 election, but now including some private, nonprofit colleges and the endorsement of the effort to double Pell Grants. 

President Joe Biden submitted a “skinny budget” to Congress on April 9, which hints at a forth-coming plan to double the Pell Grant, anchored by a $400 increase in the maximum award for FY 2022.  

The Education Department announced this week a 90 day application period for Minority-Serving Institutions (MSIs) and institutions participating in the Strengthening Institutions Program (SIP) that did not receive funding under the Coronavirus Aid, Relief, and Economic Security Act (CARES), but were listed on the MSI/SIP allocation tables for the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) of 2021. 

Sen. Elizabeth Warren (D-MA) expressed a desire to see $50,000 of federal student loan debt forgiven while pressing the leaders of both Navient and the Pennsylvania Higher Education Assistance Agency (PHEAA) to do more to protect student loan borrowers at a Senate hearing this week.
 

This week, the Department of Education’s Office for Civil Rights (OCR) announced that it is launching a comprehensive review of the agency’s Title IX regulations, guidance, and related policies, particularly as they relate to campus sexual harassment and assault. Meanwhile, the Department of Justice (DOJ) released guidance concluding that Title IX prohibits sexual orientation and gender identity discrimination. 

Amidst widespread uncertainty about vaccine mandates and conflicting legal advice, several colleges have recently announced that they will require students to get vaccinated for COVID-19 before returning to campuses, while other institutions have chosen to encourage, but not mandate, the vaccine. 

The Senate Parliamentarian recently ruled that the Committee on the Budget can revise the FY 2021 budget resolution to create new reconciliation instructions, providing an additional fast track vehicle for legislation. This would seem to pave the way for expedited consideration of legislation such as President Biden’s American Jobs Plan and other COVID recovery legislation expected this spring.  

The Department of Education announced the forgiveness of $1.6 billion in outstanding loans for Historically Black Colleges and Universities (HBCUs) in the HBCU Capital Financing program. The loan forgiveness received by HBCUs was authorized in the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA). This action will provide debt relief to 45 HBCUs total – 13 public institutions and 32 private, nonprofit institutions. 

The White House released details on Wednesday of President Biden’s infrastructure proposal, a $2.25 trillion plan the President says will deliver jobs and opportunities to all Americans. The President is expected to reveal details of the second phase of his infrastructure proposal, which is likely to include a call for free community college, at a later date.  

The Internal Revenue Service issued guidance this week on how students and higher education institutions should report pandemic-related emergency financial aid grants.  The guidance indicates that while all pandemic-related emergency financial aid grants are not taxable, there are reporting requirements if grant amounts are used for tuition so the student and families can potentially claim credits and deductions.

This week, the Department of Education announced that it is extending the student loan relief provisions initiated in the CARES Act to borrowers who have defaulted on their loans in the Federal Family Education Loan (FFEL) program. These provisions include the pause of collections activity and zero percent interest and are extended to borrowers with privately-held FFEL loans. 

Borrowers who have received student loan discharges due to a total and permanent disability got needed relief this week from the Department of Education.  The Department announced it would no longer require these borrowers to submit earnings documentation for the duration of the COVID-19 emergency. This change will be made retroactive to March 13, 2020, the start of the COVID-19 national emergency. 

The Government Accountability Office (GAO) released a study this week examining the government’s tracking of federal COVID relief funding.  The report includes an overview of how the Department of Education tracks the use of funds in K-12, which has come under criticism for not spending its COVID relief funds quickly enough.

The report could increase pressure on the Department to track all education spending under the COVID relief bills sooner.  Currently, colleges and universities only report on their usage of funds through the filing of quarterly reports.  This study comes on the heels of the Department’s Office of Inspector General recommending earlier this month for an increase in monitoring and oversight of reporting and institutional compliance on the use of funds by colleges and universities.

In a statement, NAICU President Barbara Mistick said, “This call to double the Pell Grant is the single most important step Congress can take to make college more accessible for low-income and first generation students.”  

Unlike the CARES Act, this fund is not dedicated to small schools.  Rather, it is intended for institutions with a high percentage of graduate students and those with the greatest unmet needs related to coronavirus, including institutions that did not otherwise receive an allocation under CRRSAA.

Importantly for private, nonprofit colleges and universities, the guidance expanded flexibility related to lost revenue and expenses. 

Both the House of Representatives and Senate have now passed legislation that will extend the program by two months to May 31. 

The report found that 19 of the 100 institutions reviewed did not publicly report their quarterly report, six of which were private colleges.

Anchored by the call to double the Pell Grant maximum, the Alliance's funding request also includes significant increases for the campus-based aid programs, student support programs, and graduate education programs.

This week, U.S. District Judge Lorna Schofield ruled that the Trump Administration had illegally added the three-year deadline for when borrowers must apply for loan forgiveness citing that it was “not a logical outgrowth” of the Administration’s initial proposal.

Specifically, the hearing focused on the funding institutions received via the three COVID relief bills, how students have benefited from that funding, and what can be done to improve higher education moving forward. 

As President Biden signed into law the American Rescue Plan, the nation is marking the one year anniversary of pandemic-disrupted life, and is now eager to move towards “normalcy.”  After a year of providing emergency response for the national COVID-19 emergency, the next steps the Administration and Congress will take to achieve that goal will be action in support of recovery efforts. 

Fulfilling a promise made during his campaign, President Biden has signed an Executive Order (EO) directing the Secretary of Education to review the Trump Administration’s Title IX regulations on campus sexual assault. The EO also directs the Department of Education to consider “suspending, revising, or rescinding” the controversial rules, as well as other agency actions that may be inconsistent with the Biden Administration’s policies regarding sex discrimination. 

Late last month, the Department of Education quietly released the allocation amounts under the Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) for Tribal Colleges and Universities (TCUs), Minority-Serving Institutions (MSIs), and institutions participating in the Strengthening Institutions Program (SIP). 

The National Advisory Committee on Institutional Quality and Integrity (NACIQI) has recommended that the Department of Education terminate federal recognition of the Accrediting Council for Independent Colleges and Schools (ACICS), a for-profit accreditor with a troubled history. Given that the Biden Administration is expected to take a harder line against the for-profit higher education sector than its predecessor, it seems likely that the Department will uphold the NACIQI recommendation and terminate ACICS’s status as a federally recognized accreditor.

Looking to close the digital divide, which impacts so many rural and low-income families, the Federal Trade Commission has announced an Emergency Broadband Benefit Program that will provide $3.2 billion for discounts on internet service bills and computers for eligible households.  Families with a Pell Grant recipient are among the many households who automatically qualify for the benefit.  

The House Committee on Small Business held a hearing on the future of the Paycheck Protection Program (PPP), which is set to expire at the end of the month, and examined possible next steps for the initiative.  Specifically, the committee discussed the First and Second Draw loans and loan forgiveness.

The House passed the American Rescue Plan Act (H. R. 1319) last week, sending President Biden’s $1.9 trillion coronavirus relief package to the Senate for the next step in the reconciliation process. 

Looking to make college more accessible to a greater number of students, NAICU is helping spearhead a national effort to promote doubling the maximum Pell Grant award from $6,495 to $13,000.  The campaign will seek to have the Pell Grant maximum doubled by the 50th anniversary of the program in June of 2022.

Last week, several Washington, DC-based higher education associations received guidance from the Department of Education on the use of CRRSAA HEERF II funds and clarification that students may use their emergency grant to pay for account balances before December 27, 2020, allowing them to continue their studies. 

This week, the U.S. Senate confirmed Dr. Miguel Cardona as the 12th Secretary of Education by a vote of 64 to 33. (Also see NAICU President Barbara Mistick’s statement on Secretary Cardona’s confirmation.) This vote concluded a month-long process from when the Senate Committee on Health, Education, Labor, and Pensions held its first congressional hearing regarding Cardona’s nomination.  As that process was unfolding, the Biden Administration was also busy filling other key education positions.  

Late Wednesday night, the House of Representatives passed the For the People Act, a sweeping voting rights bill that addresses voter access, election integrity and security, campaign finance, and ethics for the three branches of government. 

Last week, the Department of Education distributed its FY 2018 draft Cohort Default Rate (CDR) notification packages to institutions enrolled in the electronic CDR notification process through the Student Aid Internet Gateway. 

The Department of Education issued a notice in the Federal Register announcing the process institutions must follow to apply for a designation to be eligible to receive funding under Titles III and V of the Higher Education Act (HEA), known as “institutional aid.” 

The National Association of Student Financial Aid Administrators (NASFAA) has launched the Student Aid Reference Desk (Ref Desk), an online centralized “encyclopedia” of student aid-related regulations, legislation, research and other key resources. This new online tool, which compiles resources related to the administration of student aid programs, is targeted to advisors and college access professionals. 

The Department of Education announced that it would be enhancing entrance and exit counseling for student loan borrowers using information from the College Scorecard.  Currently, student loan borrowers are required to participate in entrance counseling before they are able to receive the first disbursement of their loan and exit counseling when they leave school or drop below half-time enrollment. 

The Department of Education announced this week that it is implementing provisions in H.R. 133, the Consolidated Appropriations Act of 2021, to temporarily expand the ability of students to benefit from the Supplemental Nutrition Assistance Program (SNAP). 

Students for Fair Admissions, an advocacy group that opposes affirmative action, has appealed a circuit court ruling that upheld Harvard University’s race-conscious admissions program. The legal challenge sets up a potential showdown on affirmative action at the Supreme Court. 

As the next step in the reconciliation process, the House Education and Labor Committee wrote its bill to authorize COVID relief funding for programs under its jurisdiction.  Unlike President Biden’s framework for the American Rescue Plan, which did not include all private, nonprofit colleges, the committee’s bill included the equitable treatment of all private, nonprofit colleges and universities and their students.  
 

As it begins a new session, the 117th Congress is in the process of making assignments to key congressional committees that oversee issues of importance to colleges and universities. Although not all of the key committees have announced a final list of members, the leadership of those committees appears to be set.

Congress is in the process of agreeing to a Joint Budget Resolution for Fiscal Year 2021 to facilitate the quick enactment of President Biden’s $1.9 trillion American Rescue Plan for COVID relief and economic recovery. The budget resolution activates the reconciliation process, which allows for fast track procedures in the Senate that limit debate and require a simple majority vote (50 votes instead of 60) for passage. 
 

The Senate Committee on Health, Education, Labor, and Pensions (HELP) held its first hearing of the 117th Congress to begin the confirmation process for Miguel Cardona to serve as the 12th Secretary of Education.  The Cardona hearing, the first official duty of newly-confirmed Chairwoman of the committee Patty Murray (D-WA), served as the first opportunity for senators to question Cardona about his education agenda and what his priorities will be as Secretary. 
 

The Department of Education recently issued a Dear Colleague letter to campus financial aid administrators encouraging them to use their professional judgement in determining eligibility for federal financial aid to help students who are in need due to the COVID-19 pandemic.
 

The Department of Justice (DOJ) has withdrawn a race discrimination lawsuit filed by the Trump Administration against Yale University.  The lawsuit was originally filed in October, shortly after the Trump Administration issued a finding alleging that the school’s race-conscious admissions program violated Title VI of the Civil Rights Act, which prohibits discrimination on the basis of race, color, or national origin in federally funded programs or activities. 
 

Career staff at the Department of Education have once again recommended that the agency terminate federal recognition of the Accrediting Council for Independent Colleges and Schools (ACICS), a for-profit accreditor with a troubled history.  Given that the Biden Administration is expected to take a harder line against the for-profit sector than its predecessor, it seems likely that the Department will ultimately terminate ACICS’s status as a federally recognized accreditor.
 

On his first day in office, President Biden announced his plan to immediately address a variety of issues, including the pandemic, climate change, racial inequity, student loan relief, the uncertain status of undocumented immigrants, and more.  Some of his plans will be advanced via Presidential Memorandums, while others will be implemented by Executive Order (EO).

A flurry of last-minute guidance issued during the final days of the Trump Administration may affect colleges and universities, including guidance related to accreditation for distance education, sexual orientation and gender identity discrimination, and the Clery Act. 

Two weeks after the bill was signed into law, the Department of Education issued the student and institutional allocations from the Coronavirus Relief and Response Supplemental Appropriations Act (CRRSAA), along with guidance on how to access and use the funds. The allocations show the portions required for use as student grants and the portions available for institutional relief, while the Frequently Asked Questions provide detailed background and guidance. 
 

The Department of Education has updated the College Scorecard by adding new data about student loan repayment to the consumer information tool for students and families.  The Department also announced that it will add program-level data about student loan repayment rates next week.
 

The IRS has issued final regulations implementing the excise tax on the compensation of certain private college employees.  This 21 percent excise tax hits the five highest-compensated employees at private, nonprofit colleges and universities whose salaries are over $1 million annually or who receive an excess parachute payment.  
 

The Coronavirus Relief and Response Supplemental Appropriations (CRRSA) Act and FY 2021 Omnibus Appropriations Act, signed into law on December 27, 2020, provides $900 billion in emergency federal assistance across all agencies to address the pandemic, and $1.4 trillion in annual spending for regular government programs.

In late December, a federal district court granted a nationwide preliminary injunction halting enforcement of President Trump’s recent Executive Order (EO) barring federal contractors from using “any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating.” 

As the 2020 year-end legislative scramble heads into its final weeks, Congress passed the Johnny Isakson and David P. Rowe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, which includes provisions from the “Protect the GI Bill” legislation and provides extensions of COVID-19 relief measures. President Trump is expected to sign the bill into law. 
 

The National Defense Authorization Act (NDAA), which specifies the annual budget and expenditures of the Department of Defense, includes language limiting defense funds to colleges and universities that host a Confucius Institute.  An institution, however, can be exempt from a penalty if it is granted a waiver by the Secretary of Defense. 
 

The Trump Administration has published final regulations clarifying the rights and obligations of faith-based organizations to participate in and receive aid under federal programs and activities. 
 

After passing in the House of Representatives earlier this month, the Senate has also passed the HBCU Propelling Agency Relationships Towards a New Era of Results for Students (PARTNERS) Act, which seeks to enhance the relationship of HBCUs with various federal agencies. 
 

The Supreme Court agreed to hear an appeal filed by the National Collegiate Athletic Association (NCAA) in response to a decision by the U.S. Court of Appeals for the Ninth Circuit holding that NCAA limits on player compensation violate antitrust laws.
 

While talks on a COVID relief bill continue to progress in Congress, the White House this week introduced its own relief package, adding another layer of uncertainty to the negotiations in Washington.  
 

The Department of Education announced it was extending student loan relief provisions included in the CARES Act until January 31, 2021.

A Department of Homeland Security (DHS) official said that existing guidance for international students studying at U.S. institutions will remain in place for the 2021 spring semester. The original guidance, announced in March, was issued as the pandemic was bearing down on the U.S.
 

The Department of Education announced the extension of modifications and waivers to current statutory and regulatory provisions granted to the higher education community in response to COVID-19. The length of the extra time is dependent upon the type of extensions mentioned in the guidance.  This announcement is a continuation of the guidance the Department announced earlier this year.  
 

A recent report on college completion from the National Student Clearinghouse shows that private, nonprofit four-year colleges and universities have the highest six-year completion rates among all higher education sectors. For students in the 2006-2014 entering cohort, the six-year completion rate at private, nonprofit four-year institutions stood at 76.7%, a slight increase over last year.

A recent survey conducted by NAICU shows the significant impact the COVID-19 pandemic is having on college and university campuses across the country.  The results of the survey, which sought information from a limited array of member institutions to gain a more precise understanding of the financial magnitude and impact of the crisis on our college campuses, also demonstrate the need for additional federal relief for students and institutions. 
 

After many years of failed attempts, Senator Lamar Alexander (R-TN) is making a last-ditch attempt to pass his student aid simplification bill, the FAFSA Simplification Act before he retires in early January.  This time, however, it seems that Democrats in both the House of Representatives and the Senate may be lending a sympathetic ear.  

After several weeks of stalled negotiations, serious talks have resumed between congressional leadership and White House negotiators to see whether a COVID relief funding package can be agreed to before the end of the year.  Congress is also working to avoid a government shutdown by seeking agreement on a FY 2021 omnibus spending bill.
 

For nearly a year, both the House and Senate Veterans Affairs Committees have been working on updating the “Protect the GI Bill Act,” and hope to include amendments in a year-end omnibus package addressing veterans’ health care and other issues. 
 

This week, the U.S. District Court for the Northern District in California decided that the interim final rules (IFRs) for the H-1B visa program issued by the Departments of Labor (DOL) and Homeland Security (DHS) in October are invalid. If upheld, the ruling would effectively render the DOL and DHS rules invalid nationwide.

The Department of Education recently released an updated version of the College Scorecard, adding program-level data on median earnings two years after students graduate to the consumer information tool for students and families.
 

The Department of Education published reporting requirements detailing how institutions must submit information about violations of new federal regulations addressing freedom of speech on college campuses. 
 

The Senate Banking Committee heard testimony this week from Treasury Secretary Steven Mnuchin and Federal Reserve Board Chairman Jerome Powell regarding the Trump Administration’s decision to wind down pandemic emergency lending programs authorized in the CARES Act.  The hearing comes as the lending programs are set to expire on December 31, 2020.
 

Chairman Roy Blunt (R-MO) includes no programmatic cuts to student aid funding in his Labor-HHS-Education Subcommittee bill, which also increases the Pell Grant maximum by $150, to $6,495, and level funds all other student aid programs.

In its ruling, the court rejected allegations that Harvard’s policy unlawfully discriminates against Asian Americans, finding instead that “…Harvard's limited use of race in its admissions process in order to achieve diversity … is consistent with the requirements of Supreme Court precedent.”

The amicus briefs will underscore the harm that the rules will impose on colleges and universities. 

NAICU's comments were co-signed by 285 member institutions and associations.
 

Report shows an 81% increase (between 2006-07 and 2017-18, and adjusting for inflation) in the average institutional grant aid provided by private, nonprofit colleges and universities per first-time, full-time undergraduate student.  

According to the request for information, federal contractors and subcontractors may voluntarily submit copies of training programs on diversity and inclusion for federal review. Those who do voluntarily submit information will not be subject to enforcement action for non-compliant materials so long as they promptly come into compliance. 

The Department of Veterans Affairs (VA) has recently increased oversight of how GI bill benefits are being used in higher edcuation, with a focus on institutional compliance with the 85/15 Rule. Under this rule, institutions must ensure, for each program of study, that no more than 85% of students enrolled in the progam are receiving GI bill benefits or any form of institutional support, defined as “supported students” by the VA.  

The agency’s investigation showed there is a “pervasive noncompliance and significant foreign connections and entanglements with American colleges and universities.” 

The case, which was brought by Know Your IX in conjunction with the American Civil Liberties Union and several other advocacy organizations, was dismissed based on the court’s ruling that the plaintiffs lacked the required standing to sue.

The Department of Education provided a series of new or updated resources to assist colleges and universities with the administration of the relief funds provided under the CARES Act, including a webinar on use of funds and reporting requirements, and updated materials and FAQs. 

The short guidance document that replaces the handbook makes clear that campuses now have greater flexibility with respect to compliance with Clery requirements.

As further indication of the Trump Administration’s concern about foreign influence on college campuses, Secretary of Education Betsy DeVos and Secretary of State Mike Pompeo sent a joint letter to all college presidents and higher education association leaders stressing the severity of possible security threats related to Confucius Institutes. 

The Department of Education announced that it updated the Return to Title IV (R2T4) portion of its COVID-19-related Frequently Asked Questions webpage.  

Regardless of the media and political frenzy surrounding the negotiations, it is still very important for Congress to hear about the specific challenges colleges are facing in light of the pandemic and for college leaders to continue reinforcing the vital need for additional federal assistance. 

The Department is also hosting a webinar to provide further information on the FAQs and the reporting requirements under the CARES Act.

The interim final rule would narrow the definition of a “specialty occupation" and increase the required wage rates employers would have to pay to hire foreign skilled workers.

Specific concerns raised include the possible chilling effect of the Order, its ambiguous and burdensome nature, and its effect on freedom of speech. 

Students can fill out the application online at www.fafsa.gov or via the myStudentAid mobile app.  The form is available until June 30, 2022.

The FISAP must be submitted no later than Nov. 2, 2020. 
 
 

National effort resulted in an estimated 1.5 million new or updated voter registrations, a single-year record.  

A month out from the elections, Congress made a last ditch effort to negotiate another round of coronavirus relief funds before going home to campaign. House Speaker Nancy Pelosi (D-CA) was in conversations throughout the week with Treasury Secretary Steve Mnuchin, the chief negotiator for the White House, while White House Chief of Staff Mark Meadows was in constant contact with Senate Majority Leader Mitch McConnell (R-KY).  

Under the guidance, the Department of Education clarifies the specific regulations that protect religious liberty, including rules that ensure that religious organizations are equally eligible to participate in the agency’s grant programs as secular organizations. 

The hearings focused on the frustrations and complexities parties are having implementing the program.

The agreement, which includes several education-related provisions, comes after a long week of negotiations between Congressional Democrats and Republicans and the Administration.

Among the actions taken was an announcement by the Education Department that it has opened an investigation of Princeton University in response to the university’s recent declaration of steps it is taking to “combat systemic racism” on campus.

Specifically, the agency is reviewing the time period of admission and extension of stay procedures for nonimmigrant academic students, exchange visitors, and other foreign representatives, known as the “Duration of Status.”  

The good news amid the roller coaster of whether or not a deal is imminent is that funding for higher education remains a top priority for all sides, with at least $30 billion for institutions and students on the table. 

NAICU will be doing an assessment of the new rules as well as continue its efforts to see the tax repealed.
 

The new file recently appeared on the Department’s website with corrected institutional scores but no explanation of the nature of the mistakes that led to the revised figures.

As in previous hearings, the witnesses this week again articulated the need to simplify the FAFSA to better ensure that students have access to federal student aid. 

Three of the four witnesses who testified would like Congress to write legislation to address name, image, and likeness nationally rather than have schools deal with a hodge podge of state legislation. 

The Department of Education has published final regulations that are designed to implement President Trump’s Executive Order addressing freedom of speech on college campuses, as well as to facilitate faith-based institutions’ eligibility to participate in various grant programs under the Higher Education Act.

The failed attempt to negotiate a relief deal in August left House Democrats holding their ground on a $2.2 trillion total for the next spending package, Senate Republicans holding their ground on a much smaller proposal, and the White House threatening executive action if Congress cannot come to an agreement.
 

According to the VA, veteran students who are taking courses and attending a residential college or university that has converted its instruction to an online only environment because of the coronavirus will continue to receive the full amount of their housing allowance.

These new restrictions are being imposed in response to the unreciprocated access being denied by China.  

The move by the department signals that the agency may be giving special consideration to capacity building for remote learning in any future grant competitions.

The new deadline for transmittal of applications for all institutions eligible for funding is September 30, 2020. 

The Department of Education has made three changes to the reporting requirements colleges and universities must follow if they received student emergency grants under the Higher Education Emergency Relief Funds from the CARES Act.
 

Although the guidance addresses discrimination in the context of high school athletics, it represents “a formal statement of OCR’s (the Office of Civil Rights) interpretation of Title IX” and is therefore applicable to colleges and universities.

The Trump Administration issued guidance on the payroll tax deferral option announced last month that postpones the time for employers to withhold and pay employee Social Security taxes.  The deferral generally applies to wages paid starting Sept. 1, 2020 through Dec. 31, 2020.

According to the Department of Education, the guidance documents that have been rescinded have either been superseded by current law or are no longer in effect. 

The Department of Education has issued a notice to colleges and universities to help campuses respond to President Trump’s recent announcement extending the deferment of student loan payments.  The department’s notice will suspend interest and payments on those loans until December 31 or until the payment period that includes the last day of the national emergency, whichever is later.  

The application for CARES Act funds to help institutions with exceptional unmet need due to the coronavirus is now available online. The deadline for filing the required intent to apply is September 10, while the final application deadline is October 20, 2020. 

The Department of Education has published final regulations that are intended to facilitate distance learning and educational innovation. The regulations are the result of months of negotiated rulemaking in which a broad array of higher education stakeholders debated a massive package of Title IV regulatory changes sought by the department.  
 

The Department of Education has informed a court that the agency is considering making modifications to its interim final rule regarding student eligibility for emergency grants under the CARES Act. The department’s announcement came shortly after the Trump Administration appealed an earlier court ruling that blocked the agency from enforcing its guidance and interim final rule regarding CARES Act eligibility with respect to students at California community colleges.

The Department of Education has issued a notice establishing a 30-day comment period regarding an update to the universal borrower defense to repayment form.  An updated universal form is necessary due to the changes made to the current process in the borrower defense final rule released last September. This 30-day comment period will allow for feedback from the public on a list of proposed elements to be included in the revised borrower defense application.

Since the reauthorization the Higher Education Act in 1998, postsecondary institutions have been required to make a good-faith effort to distribute voter registration forms to students prior to the registration deadlines for presidential and gubernatorial elections.  

In response to the Trump administration’s changes to U. S. Postal Service (USPS) operations, and the president’s comments regarding fraudulent voting-by-mail in the November elections, Congress is poised to come back to Washington this weekend to take action to support the postal service, and possibly consider additional coronavirus relief.

 

Institutions particularly hard hit by the coronavirus pandemic are eligible to apply for $28 million in additional FIPSE funds provided under the CARES Act, the Department of Education has announced. 

Because of a series of mistakes in the 2017-18 Financial Responsibility Standards (FRS) composite scores posted on the Department of Education’s website,  the file has been pulled from public view as the Education Department attempts to find the source of the problem. 

In the wake of the Supreme Court’s ruling that lesbian, gay, bisexual and transgender (LGBT) individuals are protected under a federal employment discrimination law, a federal district court has temporarily blocked an Idaho state law that prohibits transgender female students from participating on sports teams that match their gender identity.

In a letter sent to higher education leaders this week, Keith Krach, undersecretary for economic growth, energy and the environment at the Department of State, warned of the ongoing threat from the Chinese Communist Party (CCP) to the U.S., and colleges and universities in particular. The letter is intended to be shared with the members of college and university governing boards.
 

NAICU is launching its 2020 Your Vote, Your Voice, National Campus Voter Registration Project with the webinar Voter Registration & Civic Engagement 2020 on Tuesday, August 25, 2020 at 1:00 p.m. EDT.

 

The longer it takes congressional leadership to finalize a deal with the White House, the more entrenched each side will get into their political positions. 

Starting today, colleges and universities must adhere to the new Title IX regulations governing campus sexual harassment and assault after several attempts to block the rules in court failed.

The finding by the Department of Justice is the result of one of several investigations the agency has conducted into affirmative action programs at elite institutions of higher education.

Specifically, the Eleventh Circuit held that gender identity bias is a form of sex discrimination prohibited by Title IX.

The notice is not targeted at Confucius Institutes at individual colleges and universities across the country, but at the parent organization.  

House Speaker Nancy Pelosi (D-CA), Senate Minority Leader Charles Schumer (D-NY), Secretary of Treasury Steven Mnuchin and White House Chief of Staff Mark Meadows, the lead negotiators for Congress and the White House, have been in regular contact in recent days.  However, reports indicate that they are “trillions of dollars apart” on how much should be provided in this relief package.

The legislation, which is designed to allow employers to offer a temporary higher annual benefit to employees who are both working and continuing their education during the pandemic, would increase the annual amount of the benefit from $5,250, to $12,000 for two years. 
 

The announcement comes on the heels of President Trump’s request to the Treasury Department last month via Twitter to look into the tax-exempt status of colleges and universities.

Ranking Minority leaders of three House Committees – Education, Oversight, and Judiciary – sent a letter to six colleges and universities requesting five years’ worth of information on foreign gifts the institutions received, specifically gifts from China, Qatar, Saudi Arabia, Iran, and Russia.  
 

Senate Republicans introduced a series of bills that collectively make up their proposals for the next coronavirus response package.  The measures were made public after a week’s delay due to intra-party disagreements on the elements that should be included in the bills. The proposals follow comprehensive bills proposed by House and Senate Democrats and mark the start of intense negotiations on a final package. Now that there are markers from the House and Senate, negotiators can begin to work out a deal before the August recess, scheduled to begin August 7.

The Washington Post is reporting that the White House is considering supporting a coronavirus relief package that does not include a liability shield for health providers, businesses, and schools. According to the report, the Trump Administration continues to favor inclusion of liability protections in the final package, but is willing to drop them in order to secure a deal.

The Department of Homeland Security’s Immigration and Customs Enforcement (ICE) division has issued updated FAQs on international students studying at U.S. colleges and universities in differing academic platforms for the fall 2020 semester. The FAQs follow a series of directives levied by the Trump Administration since the onset of the pandemic and seek to clarify confusion arising from the rescission of ICE guidance that would have prevented international students from remaining in the U.S. if their classes were held exclusively online.

As the clock ticks down to the August 14 implementation deadline for the new Title IX sexual harassment regulations, institutions of higher education are engaged in last-minute efforts to finalize sweeping changes to their campus sexual harassment and assault policies. Simultaneously, last-ditch attempts to block implementation of the regulations via litigation are also continuing to move forward. 

The Department of Homeland Security (DHS) announced this week that it will not process new applications for the Deferred Action for Childhood Arrivals (DACA) program until a thorough program review can be conducted.  DHS also stated that it will limit renewals of current DACA recipients’ status to one year.  

The Department of Education issued a request for comments on the Higher Education Emergency Relief Fund (HEERF) data collection process that institutions are required to fulfill as part of their annual reporting requirement under the CARES Act.  Posted in the Federal Register on July 29, the Department is asking stakeholders to review the form and instructions and provide answers to specific questions and overall feedback on the process in general.  The 60-day comment period closes September 28, 2020. 

With the clock ticking towards the August congressional recess, Senate Republicans worked diligently this week to craft stimulus legislation, dubbed “CARES 2.0,” but fell short of introducing legislation in the face of continued disagreements with the White House. 
 

As the August 1 deadline approaches for institutional applications for all Higher Education Emergency Relief Funds (HEERF) under the CARES Act, the Department of Education has recently posted updates to its website, and directly reached out to institutions to ensure they apply. 

The House of Representatives has approved an amendment to the National Defense Authorization Act (NDAA) that would require the Department of Homeland Security (DHS) to issue visas to international students attending U.S. institutions of higher education exclusively offering remote instruction in the coming academic year. 

The Federal Reserve announced this week that nonprofit organizations, including colleges and universities, are now eligible for the Main Street Lending Program (MSLP).  

The NCAA Sport Science Institute released a set of guidelines specifically to address health concerns and safety measures as they relate to sports that require close contact between athletes.

NAICU has launched a study to assess the impact of independent colleges and universities, and demonstrate how these institutions are major contributors to the vitality of local communities, states, regions and the nation. 

The Republican majority is working on a follow up to the CARES Act that will provide federal funding to address myriad societal needs due to the coronavirus. 

The government’s decision to revoke the controversial guidance came during a hearing in a lawsuit that was filed last week by Harvard University and the Massachusetts Institute of Technology. 

The House Committee on Appropriations earlier approved the Labor-HHS-Education Subcommittee bill which includes a $150 increase in the Pell Grant maximum, to $6,495, and increases in the other student aid programs, 

Attorneys general from 22 states and the District of Columbia have filed a lawsuit challenging the Trump Administration’s regulations on borrower defenses to repayment. The lawsuit claims that the Department of Education violated the Administrative Procedure Act (APA) when it developed the new rules 

The tool was developed to help students turn financial aid offers into step-by-step plans to pay for college. 

This week, the Department of Homeland Security (DHS) issued new guidance prohibiting international students from staying in the United States if they are enrolled in an American college or university that implements an online-only platform for instruction or if the student is enrolled in online courses only even while living on campus in a hybrid model. The following day, DHS also issued a series of FAQs related to the guidance.  
 

The House of Representatives and Senate have passed, and sent to President Trump for his signature, a bill reversing the ruling by the Department of Labor (DOL) that would have made non-profits that self-insure for unemployment benefits fully responsible for the reimbursement cost of those benefits before applying to their state for later reimbursement.

While the first quarterly report on the use of CARES Act funds is due July 10, the Department of Education’s electronic portal for posting such reports is not yet active.  As a result, institutions are expected to report information on a publicly available portion of their websites. 

As states have reopened this summer, pressure has increased for schools and colleges to also reopen in the fall.  In response, Congress and the Trump Administration have held a series of meetings and hearings during the past two weeks with public health officials, education officials, college presidents, parents, teachers and pediatricians to discuss the best practices for reopening schools.  Additionally, the Knight Commission on Intercollegiate Athletics released a set of guidelines focused on restarting college athletics. 

The House of Representative’s Labor-HHS-Education Subcommittee marked up its FY2021 spending bill, providing increases for all the student aid programs, anchored by a $150 increase in the Pell Grant award maximum, to $6,495. 

Despite the disruption caused by the coronavirus pandemic, the Department of Education continues to pursue a jam-packed regulatory agenda affecting higher education.

In an effort to jumpstart the negotiations on the next coronavirus supplemental funding bill, Senator Patty Murray (D-WA) introduced the Coronavirus Child Care and Education Relief Act (CCCER), to provide additional funding for child care facilities, K-12 schools, and colleges.

The National Association of College and University Business Officers (NACUBO) issued updated guidance on how auditors may account for loans received via the Paycheck Protection Program (PPP).  

NAICU signed on to an amicus brief filed in support of 17 states and the District of Columbia in a case challenging the new regulations. This week, NAICU joined a similar amicus brief filed in support of New York, which is also suing to block the Title IX regulations. 

The Supreme Court has issued two recent rulings that may provide important protections for religious institutions of higher education. One case addresses the ability of state governments to restrict religious schools from participating in state-aided education programs, while the second case dealt with the scope of the ministerial exception that protects religious employers from job discrimination lawsuits. 

Last month, the Census Bureau sent a letter to college and university presidents seeking assistance in getting an accurate count of students living on- and off-campus.  To date, the agency has only received data from slightly more than half of student housing facilities, and is once again asking colleges and universities for help providing a more complete count of its students.

The August 1 deadline applies to all portions of the funding, including grants to students, institutions, Minority-Serving Institutions, the Strengthening Institutions Program, and the Fund for the Improvement of Postsecondary Education (FIPSE).

NAICU is among 25 higher education associations to join the brief, which focuses exclusively on seeking an injunction to delay the regulations’ August 14 implementation date.  

The order affects the issuance of new visas to individuals intending to enter the U.S. and those seeking renewal who may have left for the summer and will now be unable to return.  The order does not impact current visa holders already in the country. 

The proposed rules adopt changes to how unrelated business income (UBI) is reported to the IRS. The comments include suggestions on classifying activities, allocating expenses, and reporting investments. 
 

The Department of Educatio's new portal, which is ready for institutions to use to log foreign gifts from the first part of 2020 in time for the July 31 reporting deadline, replaces the eAPP electronic application process implemented in 2004. 
 

The Supreme Court has ruled against President Trump’s rescission of the Deferred Action for Childhood Arrivals (DACA) program, citing the rescission as “arbitrary and capricious” and lacking a legal basis.  The 5-4 decision found the Department of Homeland Security failed to comply with the procedural requirement of considering hardships DACA participants might face if the program was rescinded. This ruling allows the DACA program to remain in place for now.

The Federal Reserve unveiled plans to offer loans to small- and mid-sized nonprofit organizations as part of its Main Street Lending Program which was established to help employers during the pandemic.

The Department of Education this week issued an interim final rule regarding student eligibility for CARES Act emergency grants.  The rule makes guidance issued by the department an enforceable regulation effective June 17.
 

The Department of Education issued a new set of ten Frequently Asked Questions related to the Higher Education Emergency Relief Fund (HEERF) in the CARES Act.

With recent increased concern about foreign influence on college campuses from Congress and the Trump Administration, both have taken a closer look at how institutions are interacting with foreign entities. 
 

Title VII of the Civil Rights Act – which prohibits, among other things, employment discrimination on the basis of sex – protects lesbian, gay, bisexual, and transgender (LGBT) individuals against bias in the workplace, according to a ruling this week from the Supreme Court. 

NAICU has learned that Census 2020 administrators are concerned about a lower than normal response from college towns, likely due to COVID-19.  In response, Census 2020 administrators have sent a letter to college and university presidents thanking them for their help in getting an accurate count of students, and then giving notice that Census 2020 will be asking for the administrative records of all students living off campus.

When the new Interim Final Rule is published in the Federal Register, it will clearly eliminate international and DACA students from receiving CARES emergency grants.

NAICU, along with forty-two independent college state associations and NAICU Secretariat members, urged the Small Business Administration to exclude all student workers in the employee count for eligibility in the Paycheck Protection Program.  

As a result of the decision, religiously affiliated nonprofit colleges and universities that hold themselves out as religious institutions are exempt from the agency’s jurisdiction over faculty. 

The MOE provision in the CARES Act requires states that receive federal funding under the Education Stabilization Fund to continue to provide state funding for elementary, secondary, and postsecondary education. 

The guidance relates to all Office of Postsecondary Education competitive grant programs, with a particular focus on TRIO, GEAR UP and GAANN.  

Excise tax only applies to nonprofit private and some 501(c)3 public employers.  

Nominations for one of the eight directly-elected regional seats on the Board should be sumbitted by Tuesday, June 30.
 

With many questions surrounding how colleges and universities can safely open, the Senate Committee on Health, Education, Labor and Pensions held a hearing with college presidents and leading health officials to discuss approaches in handling the fall 2020 semester.

Following passage in the U.S. House of Representatives last week, the Senate took quick action in passing the Paycheck Protection Program (PPP) Flexibility Act of 2020, which was signed into law by President Trump on June 5.

 

In a decision that could significantly expand procedural requirements for students accused of sexual misconduct at private colleges and universities, the U.S. Court of Appeals for the Third Circuit ruled that an institution’s contractual promise of “fair” treatment for such students must include a live hearing and an opportunity for cross-examination. The case is highly significant because it marks the first time that a federal appellate court has required private, nonprofit institutions to provide such procedures.

 

The Senate Committee on Banking, Housing, and Urban Affairs this week held a hearing to discuss the implementation status of the Federal Reserve lending programs. These programs are of particular interest to private colleges and advocacy efforts are underway by NAICU and others that would allow colleges and universities to be eligible to participate. While lending programs were the initial focus of the hearing, attention later shifted to the next stimulus bill that might emerge in the Senate, and the additional needs of state and local governments.
 

Despite the more than $3 trillion provided in emergency federal funding to address the coronavirus, Congress still needs to pass the FY 2021 appropriations bills before September 30.
 

The Department of Education posted two unusual updates on its higher education CARES Act guidance webpage that indicate changes in direction on the bill’s implementation.  The first was an update to the formula allocation and methodology for the Fund for the Improvement of Post-Secondary Education (FIPSE) grants and the second dealt with guidance on eligibility for the student emergency funds.

With a show of wide bipartisan support, the U.S. House of Representatives passed the Paycheck Protection Program (PPP) Flexibility Act of 2020 to make adjustments to the Small Business Administration’s (SBA) lending program for businesses and nonprofits with 500 or fewer employees that is part of the CARES Act.  


 

Today's NAICU Washington covers the following issues:

• Message from NAICU President Barbara K. Mistick on the HEROES Act
• CDC Issues Guiding Principles to Open Campuses
• Higher Education Community Weighs in on Optional Practical Training
• Administration Officials Testify on Economic Response to the Pandemic
• NAICU Joins Brief Supporting Harvard in Admissions Case
• Colleges and Universities Eligible for Worker Safety and Health Training Grants

In an effort to continue addressing the COVID-19 health and economic crisis, House Democrats released  the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act earlier this week. The $3 trillion relief package would provide $37 billion for higher education.  Of that total, private, nonprofit colleges and universities would receive $7 billion and $27 billion would go to public colleges.  This is roughly the same proportion as the sector shared under the CARES Act.

The Department of Education has issued guidance advising institutions of higher education how to comply with federal civil rights law during the coronavirus pandemic. The guidance primarily focuses on compliance with Title IX and with the disability laws such as the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

The Senate Judiciary Committee held a hearing earlier this week to examine liability concerns arising as a result of the COVID-19 pandemic. Although the hearing primarily focused on liability for traditional businesses, the higher education perspective was also represented.

In a hearing held by the Senate Committee on Health, Education, Labor and Pensions, senators and public health officials all emphasized the importance of access to testing as a key benchmark for students to go back to school in the fall.

Stating that “American colleges and universities are facing unprecedented challenges as a result of the COVID-19 pandemic,” U.S. Representatives Daniel Lipinski (D-IL) and Susan Brooks (R-IN) delivered a bipartisan letter to the House Leadership requesting support of $47 billion in higher education funding to respond to the coronavirus emergency. The letter, signed by 100 representatives, also states that colleges and universities will be “essential to a strong recovery,” and that this level of funding is needed to ensure “that as we emerge from our current health crisis, our lower- and middle-income students will not be left behind.”

Last week, the Department of Education released its long-awaited final regulations governing Title IX and sexual harassment, including sexual assault. The new regulations are expected to radically transform how colleges and universities handle sexual misconduct cases by imposing strict new procedural requirements that institutions must follow when addressing such complaints. The implementation deadline for new regulations is August 14, 2020.

While the Department of Education has not finalized the reporting portal for CARES Act funds, the clock is ticking towards the first deadline for reporting on those funds allocated to institutions. To meet the requirement in law to report regularly on the use of funds, the department issued guidance on the temporary reporting requirements that institutions must follow and that instructs institutions to make information public on an easily accessible portion of their websites.
 

In response to Sen. Charles Grassely’s March letter to all institutions of higher education with Confucius Institutes, the FBI held a webinar with institutional leaders to emphasize that while Confucius Institutes serve as language and cultural programs they are also an arm of the Chinese government.  As a result, the FBI considers the Institutes to be subtle agents of propaganda.

The Department of Education has released the long-anticipated final Title IX regulations on campus sexual assault.  Despite NAICU’s request that Secretary Betsy DeVos delay publication and implementation of the regulations until the COVID-19 crisis has passed, the effective date of the new rules is August 14, 2020.
 
 

The higher education community sent a letter to Rep. Lloyd Doggett (D-TX) thanking him for taking the lead on introducing the American Opportunity Student Tax Relief Act of 2020.  The legislation would expand certain student and family higher education tax benefits, both during the COVID-19 crisis and beyond. Rep. Brian Fitzpatrick (R-PA) is the lead Republican on the bill.

The National Council for State Authorization Reciprocity Agreements (NC-SARA) Board voted unanimously during its recent spring 2020 meeting to continue its use of federal financial composite scores as a measure to evaluate institutional eligibility for SARA membership.

The Department of Labor (DOL) issued guidance this week on how states can implement a new federal law (Section 2103 of the CARES Act) intended to help minimize nonprofits’ liability for unemployment insurance (UI) claims related to COVID-19.

Education Secretary Betsy DeVos announced that a new cohort of 67 institutions will participate in the Second Chance Pell program.  

This week the National Collegiate Athletic Association (NCAA) moved closer to allowing college athletes to cash in on their name, image and likeness (NIL). 

The Federal Reserve has published initial guidance outlining the parameters of the planned $2.3 trillion Main Street Lending Program.

Today's NAICU Washington covers the following issues:
Paycheck Protection Program
Clarity Sought on Main Street Lending Program Eligibility
President Issues Executive Order on Immigration
SCOTUS Grants Motion in DACA Case
Taxability of Student Emergency Grants
Court Approves Settlement Between DOJ and NACAC
Principles on Managing and Evaluating Credit
In the News
Editor’s Note: Changes Coming to Washington Update
 

Today's NAICU Washington covers the following issues:

• Department of Education to Release FAQs on CARES Act Funding
• $3B in Emergency Education Block Grants for Governors Available
• Higher Ed Associations Seek Tax Relief on Emergency Grant Aid
• Update on Sect. 117 Related to Foreign Gifts and Contracts
• Higher Ed Community Sends Joint Letter in Support of Veterans’ Education Benefits
• IPEDS Changes to the 2019-2020 Data Collection
• NAICU Webinars
• NAICU COVID-19 Resource Pages
• CNN Covers Impact of COVID-19 on Colleges and Universities
• Editor’s Note: Changes Coming to Washington Update

Today's NAICU Washington covers the following issues:

• Title IX Regulations Looming
• College Scorecard Updated
• New Financial Responsibility Standards Reporting Requirements Published
• NC-SARA Update
• Guidance Sought on International Students
• Private, Nonprofit Colleges & Universities may be Eligible for FEMA Funds
• Association Partnerships
• NAICU COVID-19 Resource Pages
• Editor’s Note: Changes Coming to Washington Update

Today's NAICU Washington covers the following issues:

• SBA Paycheck Protection Program
• NC-SARA Update
• Financial Responsibility Standards
• Proposed Rules on Distance Learning and Innovation Published
• NAICU COVID-19 Resource Page

Today’s edition of Washington Update is again an abbreviated version that provides updates on several key topics related to the COVID-19 pandemic and higher education. Today’s issue focuses on the $2 trillion emergency relief package, the CARES Act, to help in response to the COVID-19 national pandemic.  Today, the U.S. House of Representatives passed the measure, which also passed unanimously in the Senate on Wednesday, and is expected to be signed by the president.  

Today’s edition of Washington Update is an abbreviated version that provides brief updates on several key topics related to the COVID-19 pandemic and higher education. This issue also provides access to tools and resources that have been developed to help institutions through this unprecedented national emergency.

The general message to colleges and universities is to carefully document all actions and report as required.  

The comments focused on the reporting of anonymous donors and the definition of “institution,” which corresponds to which related entities must report foreign gifts.

The guidance is to remind colleges and universities of their obligation to safeguard the information of federal student aid applicants and recipients. 

Congress passed legislation terminating the Trump Administration’s borrower defenses to repayment rule; the president, however, is expected to veto the legislation.

The institutions were identified for their erroneous, deceptive, or misleading practices related to advertising, sales, or student enrollment practices.

The Department of Education’s proposed regulations require private institutions to certify that they have complied with their free expression policies as a material condition for receiving federal education or research grants

The announcement comes several months after the Department of Education published final regulations that removed restrictions on the geographic areas that regional accreditors may serve.
 

The Alliance’s proposal seeks to bring federal funding for Supplemental Educational Opportunity Grants, Federal Work-Study, TRIO, and GEAR UP back to their inflation-adjusted highest funding levels from before the 2008 recession.  

Sandy Baum provided an array of data to help higher education leaders discuss debt with students, parents, policy makers, and the media.

Budget request includes freezing the maximum Pell Grant award, eliminating Supplemental Educational Opportunity Grants, and slashing Federal Work Study.  

After considering over 40 public comments, the Department, among other changes, confirmed that the threshhold for reporting foreign gifts would be $250,000.

The so-called “Parking Tax” was repealed retroactively, so nonprofits who paid any amount since it was enacted are entitled to a refund.

A divided Court of Appeals for the District of Columbia Circuit ruled that Duquesne University, a Catholic institution in Pittsburgh, is not subject to the jurisdiction of the National Labor Relations Board. 

Letter of inquiry cites concern about reports of the business practices that online program management companies use, “which appear to undermine the best interests of students.” 

The center will provide technical assistance to help educational institutions comply with federal civil rights laws. 

In the midst of a divisive impeachment trial, the key higher education staff for Senators Lamar Alexander (R-TN) and Patty Murray (D-WA) are once again working in earnest on a bi-partisan HEA bill. 

After a vetoing the Michigan Tuition Grant, Governor finally signed a new budget deal restoring 100 percent of the funding and increasing the individual grant by $400 per student over the previous year. 

The rules are designed to implement President Trump’s Executive Order addressing freedom of speech on college campuses, as well as to facilitate faith-based institutions’ eligibility to participate in various grant programs under the Higher Education Act. 

Based on the Congressional schedule and election-year campaigning, a heavy legislative and regulatory push is expected between now and July.

Due to the delay, it is unlikely the new information collection system will be ready for implementation on January 31 as originally planned.

NAICU’s comments support the NLRB’s position that such individuals are primarily students, not employees, for purposes of the Act.
 

According to the new rule, workers who earn less than $35,568 annually are now eligible for overtime pay.  

By striking the Trump Administration’s rule, Democrats hope to return to the more borrower-friendly rules published near the end of the Obama Administration.

Grants would go torward tools, resources, and programs to help institutions “expand educational opportunities for, and improve the academic attainment of, Hispanic students.” 

The meeting will celebrate the unique role private, nonprofit colleges and universities play in educating the next generation of Americans while exploring the myriad issues before our students, institutions and policymakers.

The repeal of the Parking Tax will be in effect retroactively to January 1, 2018. Amounts paid in 2018 will be refundable and amounts being scheduled for payment for 2019 will not be due.

The maximum Pell Grant award was increased by $150 to $6,345.  Supplemental Educational Opportunity Grants, Federal Work Study, TRIO and GEAR UP budgets were also increased.  

The Department of Education's request for emergency clearance for expedited implementation from the Office of Management and Budget is being met with concern and skepticism from the higher education community and represents a new round in the sparring that has taken place all fall between the Department and the college community.
 

Fairness for All Act would protect religious freedom and prohibit discrimination against lesbian, gay, bisexual, and transgender individuals. 

Although the executive order is intended to encourage the Department of Education to pursue more robust enforcement of anti-Semitic conduct, it does not represent a dramatic policy shift.

The DOJ investigation focused on several provisions in NACAC’s code of ethics that it alleges to be an unlawful restriction on competition in violation of federal antitrust laws. Under the terms of a proposed consent decree, NACAC has agreed to delete these provisions from its code of ethics and refrain from establishing or enforcing similar conditions in the future.

Now that the FUTURE Act has been dispatched, Congress may pivot back to negotiations on a comprehensive HEA reauthorization. 

The cost estimate shows the CAA increases mandatory (entitlement) spending by $332 billion over 10 years and increases the authorization appropriated (annual) funding by $150 billion over five years.

The Student Aid Alliance was created in 1994 as the Alliance to Save Student Aid when $20 billion in student aid cuts were proposed to help balance the federal budget.

The Department of Education has published proposed rules that would both facilitate faith-based institutions’ access to the Title IV programs and revise the TEACH Grant Program.

An allocation deal seems to have been struck that will allow final spending decisions to be made before December 20.  The White House has been part of the negotiations and it appears the president will sign the final spending bills.

The proposed methodology would rely on recently published program-level earnings data from the College Scorecard to compare the earnings of borrowers who have successfully filed a debt relief claim to the earnings of borrowers in unaffected programs.

The Trump Administration recently announced that it plans to issue two new proposed regulations that would impact institutions of higher education. The first is designed to implement President Trump’s executive order addressing freedom of speech on college campuses, as well as to make several changes to rules affecting religious institutions. The second would amend current regulations governing the Family Educational Rights and Privacy Act (FERPA).

The Department of Education is planning to announce two new Experimental Sites Initiatives to allow institutions of higher education to receive waivers for their participation in experiments related to student borrowing and repayment.

The White House is seeking feedback on what federal agencies can do to maximize the quality and effectiveness of the American research environment.

Agreement gives House and Senate appropriators four more weeks to work out differences on the final FY 2020 spending bills.

This is the first time that program-level earnings information by institution has been published by the federal government.
 

The final decision is not expected until late spring or early summer next year, falling squarely in the middle of election season.
 

The increased oversight is to ensure the dollars are being spent appropriately and veteran students are getting a good education. 

The meeting is intended to be the first step in establishing a new information security compliance framework in collaboration with colleges and universities.

Census takers are expected to visit students living on college campuses during the month of April.  

The Committee hopes to bring the College Affordability Act for consideration by the full House of Representatives by the end of the year. 

Democrats in the Senate continue to apply pressure to Sen. Lamar Alexander (R-TN) to allow the passage of legislation to extend an annual $255 million funding stream to Historically Black Colleges and Universities. 

Like the proposed rules, the final regulations hew closely to the consensus agreement reached during negotiated rulemaking. 

Participants discussed improving the safety, integrity, productivity, and security in the nation’s research environments. 

UPDATE (November 8, 2019): The FBI produced several resources for universities, research institutions, and businesses that provide an overview of the risks partners face from China and the steps that can be taken to protect from counterintelligence threats.

The House Education and Labor Committee is slated to begin the mark-up of its HEA rewrite on October 29.   Chairman Scott has indicated that he wants to bring the bill to the full House before the end of the year.  

One legislative proposal includes a significant increase in the amount of assistance employers can provide, while another expands the benefit to allow employees to use the assistance for tuition or student loan repayment.
 

The Pell Plus Act would establish a partnership with colleges and universities to provide a Pell Grant bonus to low-income students in their third and fourth years who are on a path to on-time completion. 

The action taken byt the State Department would require Chinese government officials to notify the Department prior to visiting any U.S. college or university campus.  
 
 

Colleges are encouraged to develop relationships with FBI field offices so both entities can work together to protect academic assets while promoting academic freedom.

Yaffe & Company is seeking participation from presidents of independent colleges and universities for its annual executive compensation survey, which will remain open until January 10, 2020.

With the October 1 start to the 2020 fiscal year looming, Congress is working to finalize spending bills and keep the government open.
 

Currently, Senate Democrats are not responding positively to the proposal, and still seek a comprehensive reauthorization of HEA. It is rumored that House Democrats will be releasing their own version of HEA reauthorization legislation soon.
 

Colleges and universities will have to be in compliance by January 1, 2020.

Borrowers at independent colleges and universities have the lowest default rate of 6.6 percent, down from the previous year’s rate of 7.1 percent.

The National Labor Relations Board has issued a proposed rule that would deny students employed at private universities the right to unionize under the authority of the National Labor Relations Act.  

The decision to reimburse colleges and universities will likely result in hundreds of millions of dollars in reimbursements to colleges and universities that participated in the Perkins Loan program. 

Despite the bipartisan budget deal agreed to before the August recess, Senate appropriators were unable to continue their comity as they began mark ups of the largest spending bills this week. As a result, the markup was cancelled until further notice.

As proposed, the guidelines would result in an increased compliance burden on colleges that receive such gifts. 

The final regulations are scheduled to be implemented on July 1, 2020, and are unlikely to have a significant impact on private, nonprofit colleges and universities. 

A DOJ investigation has focused on several provisions in the National Association for College Admission Counseling's code of ethics that it believes constitute unlawful restrictions of competition in violation of federal antitrust laws.

The workshop, November 13-15 in Washington, DC, is directed to college and university counsel with responsibility for institutional compliance programs and issues.  Campus administrators such as compliance officers, risk managers, and others with significant responsibility for college and university compliance will also benefit from the program.

Colleges and universities located in Kentucky, Louisiana and Mississippi are required to distribute voter registration forms this fall in advance of gubernatorial elections in each state under regulations prescribed in the 1998 Higher Education Act. 

The Department granted conditional approval to plan that will allow thousands of students who live in California and attend online nonprofit colleges and universities to regain eligibility for federal aid.
 

The deal paves the way for Congress to pass annual spending bills when it returns in September.  

Several pieces of legislation have been introduced in Congress to provide the necessary student support and campus resources needed to help address these issues.

As a result, students who are located in California and who attend online nonprofit institutions of higher education located in other states will not be eligible for federal student aid.

The deal would suspend the debt ceiling and raise the annual spending caps for FY 2020 and FY 2021. Without this deal, the federal government would default on the publicly held debt in early September, and appropriated programs would face $75 billion in cuts across defense and nondefense programs in FY 2020.  

Because the new law is both unprecedented, in that it taxes one sector of the charitable and higher education communities, and it contains numerous undefined terms, it is nearly impossible for the affected institutions to assess its specific impact without further guidance.
 

The full repeal will be implemented on July 1, 2020.

The Court’s agreement to hear the case could put additional pressure on both parties in Congress to come to the table to negotiate a permanent solution for Dreamers.    
 

The bill, which includes significant increases in the federal student aid programs, provides over $1 trillion to fund most of the government for FY 2020. The White House has threatened to veto the bill because it technically triggers sequestration cuts with the funding levels above the current statutory limits.  

The House Ways and Means Committee passed the Economic Mobility Act, which includes language that repeals the new "parking tax" on nonprofit employers mandated in the Tax Cuts and Jobs Act of 2017.  The committee also voted to extend the tuition reduction through 2020.
 

In accordance with the recent addition of program-level debt data to the College Scorecard, colleges and universities are reminded to confirm the accuracy of program-level data reported to NSLDS by July 10, 2019.

Continuing its push for accreditation reform, the Trump Administration has published proposed regulations on accreditation and revised its handbook on the federal recognition process.

The Department of Education announced a new Experimental Sites Initiative to allow institutions participating in Federal Work-Study more flexibility to use that program to collaborate with industry partners. 

The House Committee on Education and Labor hearing, part of a coordinated legislative effort to lay the groundwork for HEA reauthorization, focused on the role of innovation in improving student outcomes and advancing equity.  
 

After months of wrangling, President Trump finally signed a disaster aid bill to assist recovery efforts in areas affected by wildfires, hurricanes and flooding. 

In his letter, NAICU President David Warren argues that the overwhelming majority of college borrowers have manageable student-loan debt and the value of a college degree remains strong.

Legislation would repeal the tax rates assigned to student scholarship and grant amounts used for room and board that were part of the 2017 tax reform overhaul.

The Education Department released preliminary data on student loan debt, by field of study, which is now included on the College Scorecard site. 

While the comments generally support the salary adjustment from the current level of $23,660 to $35,308, they also suggested changes to the proposed overtime rule that would help colleges and universities more easily implement any future adjustments.  

Title IV eligible institutions have been invited to participate in an expansion of the Second Chance Pell program, which targets incarcerated individuals. In the notice inviting applications, the Education Department requested institutions to submit letters of interest by September 17, 2019. Criteria for participation in Second Chance Pell can be found in the original 2015 notice.

Three hearings were recently held in the House of Representatives and one in the Senate.

The Trump Administration had hoped to revise the Obama regulations before they went into effect, but missed a publication deadline that was needed in order to override the original rule.  A federal court ruled that because the Department had missed the deadline, the Obama rules would have to go into effect until new ones are written.

VA has self-imposed a December 31, 2019 deadline to rectify the payment issues.

While the spending package includes substantial increases for student aid programs, it is likely these spending levels will be the high water mark for student aid this year. There is a long road ahead before enactment, as the House bill is only the first step in the multi-step appropriations process.

As Congress continues its quest to reauthorize the Higher Education Act, it is very possible that reforming financial aid award letters could be an area of bipartisan agreement.

After four months of deliberations, negotiators agreed on a broad array of regulatory changes to accreditation, distance learning, TEACH grants, Title IV eligibility of faith-based institutions, and more.  

The bipartisan hearing primarily focused on educational institutions’ legal obligations under Title IX, the federal law that prohibits sex discrimination in education.

The hearing focused primarily on the “accountability triad” and how the states, Congress, and the accrediting community can better work together to protect students and taxpayers from bad actor institutions of higher education. 

President Trump signed a much anticipated Executive Order (EO) on March 21 to ensure institutions of higher education that receive federal research or education grants promote freedom of speech. 
 

The House Committee on Education and Labor held its first higher education-related hearing of the 116^th Congress on March 13^th, titled: The Cost of College: Student Centered Reforms to Bring Higher Education Within Reach. The panel was the first in a series of five announced hearings, covering a variety of topics related to a renewed effort to reauthorize the Higher Education Act.

The threshold for overtime pay would increase from $455 to $679 per week ($35,308 annually) under a new Notice of Proposed Rulemaking (NPRM) published March 22 by the U.S. Department of Labor (DOL).  The DOL projects this adjustment will make more than one million additional U.S. workers eligible for overtime pay.

President Trump’s FY2020 budget proposes drastic cuts to the federal student aid programs, including: $207 billion from the student loan programs over 10 years and $1.8 billion in FY2020 appropriated funding for student aid.  It also includes a $2 billion rescission from the Pell Grant surplus. The FY2020 budget, submitted to Congress on March 11, mirrors the Trump Administration budgets from the last two years, which have been rejected by Congress, in favor of bipartisan support for funding student aid.

New guidance outlining plans to implement elements of the Obama-era borrower defenses to repayment regulations was recently issued by the Education Department.
 

Reauthorization of the Higher Education Act is kicking into gear as members in both the House and Senate are pledging bi-partisan cooperation.

The Department of Education's negotiated rulemaking committee has voted to add a fourth session to their deliberations in order to have sufficient time to address the multiple changes proposed by the Department.

President Trump announced his intention to issue an Executive Order prohibiting institutions of higher education from receiving federal research funding if they fail to protect freedom of speech.  Trump made his announcement in a public speech, but did not provide any details about the specific content or timing of his proposal. 

 

The Senate Permanent Subcommittee on Investigations released a report regarding the alleged impact that China's Confucius Institutes is having on US education.

In a letter to the Department of Education, the higher education community, including NAICU, reaffirms the responsibilities of colleges and universities to respond to allegations of sexual harassment, including assault; notes where the higher education community believes the proposed rule would help institutions better fulfill those responsibilities; and identifies and describes areas where changes in the rule are needed to achieve these objectives

In a federal negotiated rulemaking panel held in mid-January 2019, the Department, taking a rare step, revealed that instead of finalizing the currently proposed regulations it will, instead, issue a completely new NPRM. 

While the initial days of negotiations focused primarily on procedural protocols and laying the groundwork for future negotiations, some common policy themes emerged. 

The Department released new details about its plans for the upcoming negotiated rulemaking dedicated to revising regulations related to the Title IV student financial aid programs. NAICU’s Jody Feder has been selected to serve as a representative of the private, nonprofit sector on the distance education and educational innovation subcommittee.

After years of confusion, the Education Department has agreed to reimburse teachers whose TEACH grants were inadvertently turned into loans.

While a House bill included the repeal of the "parking tax," the Senate passed a stopgap funding bill without including tax provisions. However, repealing the tax remains a bipartisan priority.

Congress is requiring the VA to fix the problem by March 2019, and report to Congress on what happened and how the problem was solved by December 2019. 

This will be Giesecke's second tenure as CEF president; she previously served in the role in 2006.

The new rules appear to offer some additional flexibility and reduced liability for institutions of higher education, while also preserving supportive services for survivors of sexual assault and adding numerous procedural protections for accused students. 

Colleges and universities hoping the postponement will provide the Department with the time it needs to finalize a mechanism to repay institutions for unreimbursed Perkins Loan cancellations.

At issue is the updated GI Bill, enacted in 2017, that changes the calculation for the housing allowance to reflect where the student takes classes, rather than where the student lives. 
 

The Department of Education is moving forward in soliciting nominations for its negotiated rulemaking committee to revise regulations related to the Title IV student financial aid programs. 

The immediate futures of the Borrower Defenses to Repayment and Gainful Employment regulations are in doubt after the Department of Education revealed that it will likely miss a key publication deadline.

The latest update removes national comparison data that had the potential to provide consumers with a misleading or incomplete impression of an institution’s value, and includes new earnings information.

Last year’s Tax Cuts and Jobs Act included language that allows families to use Sec. 529 savings for both higher education and K-12 private school expenses.  

The app features much of the functionality of the web-based FAFSA application, including usage of the IRS data retrieval tool. 

If Betsy DeVos accepts the recommendation, the Department’s approval would provide a temporary reprieve for the Accrediting Council for Independent Colleges and Schools and the institutions it accredits.

Register today to join senior higher education leaders in Washington, DC February 3-6, 2019.

As the clock was ticking down to the beginning of the fiscal year on October 1, Congress finalized a combined Defense-Labor-HHS-Education-Continuing Resolution spending bill, which the President Trump signed on September 28.  Signifincant funding for student aid programs, including a $100 increase in the Pell Grant, were included in the bill.
 

The court is weighing what pieces of the Obama-era regulations will be implemented and has given the Trump Administration until October 12 to appeal the decision.  

In response to what it views as colleges and universities undermining freedom of expression on campuses, Congress continues to hold hearings on free speech and First Amendment rights.

The updates were intended to have schools report enrollment in classes by ZIP code of where the class takes place, so veteran students could receive the appropriate benefit amount based on the local cost of living. The VA has indicated the problem will be solved soon.

Five sessions to be held in locations around the country.

Two rulings, coming less than a month apart, support both fully restarting the DACA program, and questioning whether the program is ultimately even legal.

The proposed regulations are expected to provide additional flexibility for colleges and universities that handle allegations of sexual assault, as well as new protections for students accused of misconduct.

Testimony emphasized policy priorities regarding accreditation, deregulation, financial responsibility standards, and fraud and abuse in the for-profit sector. 

New legislation would now require students to annually participate in counseling as a prerequisite for receiving their next installment of federal student loans. 

Federal recognition for the Accrediting Council for Independent Colleges and Schools has been temporarily restored pending a decision from the Department of Education.

Bill raises the Pell Grant maximum to $6,195.

Department of Education also proposed using the College Scorecard as a mechanism to publish earnings data for every program (i.e. major) at every college and university in the nation.

King would bring a combination of higher education and government experience to the position. 
 

The Title IV student financial aid programs are the subject of a new negotiated rulemaking committee planned by the Education Department. 

The Education Department has released new proposed regulations on borrower defenses to repayment.

The Accreditation Council is soliciting comments on proposed revisions to its recognition policy and procedures 

Campuses can find help with voter registration, education and get-out-the-vote activities at Washington Higher Education Secretariat's Your Vote, Your Voice campaign. 

Constitution Day is an opportunity for college campuses to conduct civic education programs.

House and Senate action would have significant impact on student aid funding.

Two separate bills that would have addressed the immigration status of DACA and Dreamers populations were voted down.

The delay means that nonprofit colleges and universities offering Title IV-eligible certificate programs will not need to publicly disclose debt-to-earnings or employment rates on their website or in promotional materials for the 2017-18 academic year. 

According to the Administration, the new agency would better meet the education and skills development needs of Americans, while eliminating duplicative programs and centralizing access.

Kenneth Marcus, who held the same position during the George W. Bush Administration, will replace Candice Jackson as the head of the office. Prior to his confirmation, Marcus was the president and general counsel of the Louis D. Brandeis Center for Human Rights Under Law.

Rep. Virginia Foxx (R-VA) is pushing the House leadership to schedule a vote later this month. 

Under the expanded program, borrowers enrolled in the Graduated Repayment Plan, Extended Repayment Plan, Consolidated Standard Repayment Plan, and Consolidated Graduated Repayment Plan will now qualify for loan forgiveness if they have met the monthly payment and public service employment criteria. The $350 million program will serve borrowers on a first-come, first-served basis and expire when the funds have been exhausted.

The delay is being sought to allow the Department of Education time to conduct negotiated rulemaking to revise the regulations. 

Upcoming webinar offered to help colleges determine the updates they may need to make to ensure their websites and online programs are more accessible to students with disabilities.

A series of meetings and conversations between House and Senate leadership and the White House indicate that if congressional action isn’t completed over the summer, Congress will likely be unable to address DACA prior to the November elections.

Topics included reducing the regulatory burden in accreditation and oversight of for-profit institutions looking to convert to non-profit entities. 

Representatives debated whether institutions of higher education are suppressing freedom of speech on campus. 

The Department of Education must resume full debt relief for students affected by the sudden closure of the Corinthian Colleges.

Dr. Mitchell (Mick) Zais, former Newberry College President, was confirmed by a 50-48 vote split across party lines.

The package proposes $15 billion in cuts only to past years’ unobligated funds.

While no formal timetable has yet been established, it is possible the PROSPER Act could be considered as early as June.

Timing of the bill is uncertain.  It has been indicated that work will continue on the bill through the month of May.  There is no current indication that the Senate is working on similar legislation, however, or if it plans to ultimately consider the House bill.

The Department is seeking to issue new or amended regulations affecting innovative postsecondary programs, religious schools, accreditation, state authorization, and state authorization of distance education.  

In the coming weeks, there are two webinars that will highlight sustainability efforts taking place at private, nonprofit colleges and universities

The Secretary has submitted to OMB a new proposed rule that would postpone implementation of the regulations beyond July 1, 2018, when the rules are currently scheduled to go into effect.

The rule appears to apply to colleges and universities that have E.U. residents enrolled in distance education programs, students studying abroad in E.U. countries, or applicants from within E.U. countries.

NACIQI’s decision appears to come in response to five Democratic Senators who wrote a letter to NACIQI urging it “to address at its upcoming meeting the recent troubling pattern of for-profit institutions converting to, or attempting to convert to, non-profit entities in order to avoid regulatory scrutiny.”

The temporary restoration comes in the wake of a federal court ruling that granted a partial victory to the accreditor in its dispute with the Department over its accreditation status. 

The new policy appears to be aimed at a limited number of individuals who repeatedly file complaints against multiple colleges and universities.

The Pell Grant maximum, SEOG, Federal Work Study, TRIO and GEAR UP, among others, saw significant increases in funding for FY 2018.

The Department of Education now has the authority to author regulations on its own without being bound by the consensus of the negotiating panel. Through a Notice of Proposed Rulemaking, the public will have an opportunity to offer comments on the draft regulations in the coming months. 

The Department of Education will reallocate an additional $22.9 million in unexpended funds to assist students at colleges and universities located in regions declared by President Trump to be major disaster areas after hurricanes Harvey, Irma, and Maria.

Both chambers are preparing to act quickly to move reauthorization forward in the coming weeks. 

For higher education, the deal targets an additional $4 billion over two years to be spent on “college affordability,” and an additional $2 billion for National Institutes of Health research.  

Failire to produce bipartisan legislation in the Senate that would protect DACA registrants leaves the fate of the program hanging in the balance.

Legislation would include bond advance refunding, which was eliminated in the recent tax bill.

Overall, the Administration’s proposal cuts $203 billion over 10 years from the student loan programs, and $1.6 billion in federal student aid in FY 2019.  

With no consensus, the Department of Education has full authority to write proposed rules regulating borrower defeneses to repayment, and may soon enjoy the same authority on gainful employment. 

The database now contains information about all civil rights complaints, not just sexual assault, and lists colleges and universities that have “pending cases under investigation.” 

According to media accounts, there could be a consolidation of more than six major offices in the Department of Education.

Attendees at NAICU’s 2018 Annual Meeting tweeted about many of the daily events.  Here is a recap of tweets and photos that tell part of the story of this year’s Annual Meeting.

In the final bill, all of the student and family benefits were retained, as were key charitable giving incentives and private activity bonds. However, the new endowment tax and the elimination of bond advance refunding were adopted.

The current funding bill expires at midnight on Friday, December 22.

The legislation is expected to be considered by the full House in early 2018 and could pass quickly; timetable for the Senate is uncertain.

$81 billion relief package introduced in the House of Representatives.

Regulations that required Internet providers to treat all web traffic equally have been repealed and replaced.

The meeting will also tackle other national higher education issues important to private college campuses and students.

While the House bill eliminated almost all of the current student and family benefits, the Senate bill does not.  In addition, the Senate bill would not eliminate Private Activity Bonds.  Unfortunately, the Senate bill proposes a similar excise tax on private college endowments as the House version.

Committee mark up for the bill could be as soon as December 12.

The roll-back of net neutrality rules is likely to have a negative affect on colleges and universities, which rely on a free and open Internet to fulfill their educational and research missions. 

Certain U.S. colleges and universities, with operations in the European Union, may be subject to a new data protection regulation.

Action on tax reform expected in both the House and Senate week of November 13.

Many issues to address in very little time.

Financial responsibility standards, borrower defense to repayment, and gainful employment to be discussed in panels.

Examples of higher education documents that were removed include guidance related to now-closed invitations for Experimental Site Initiatives or historical occurrences such as natural disasters.

Committee examined the prevalence and severity of anti-Semitic incidents at colleges and universities.

Lawsuits are part of a larger trend in which Members of Congress and the Trump Administration have condemned colleges and universities, including private institutions, for how they have handled high-profile free speech conflicts on campus. 

Net price to attend a private, nonprofit college or university is lower today than it was ten years ago.

Two nationally-known speakers set to address attendees; details of Congressional Independent Colleges Caucus reception announced.

National effort looks to find a solution for undocumented immigrants that entered the United States as children and wish to stay here to work, attend college, or serve in the military

Department sought feedback on higher education regulations that may be appropriate for repeal, replacement, or modification.

If enacted, the new accounting rules will make the student loan programs look like they cost more to the federal government than they currently do. 

Absent congressional action, no Perkins Loans disbursements are permitted after June 30, 2018.

The enforcement sweep is targeting scammers who are making false promises to borrowers, and have charged illegal upfront fees of nearly $100 million.

Components include a new Outcome Measures survey and the addition of Pell Grant and Stafford Loan recipients to the Graduation Rates survey.

Meeting to be held February 4-7, 2018 in Washington, DC.

Outcome of budget reconciliation process could have a profound impact on higher education.

Critical student aid resource blocked in the Senate.

The restoration of the IRS DRT allows students to once again use the online tool to fill out the Free Application for Federal Student Aid (FAFSA). 

Resource now allows students to create their own customzied comparison groups of colleges and universities. 

Legislation requires the Department of Education to reallocate excess liquid capital collections to institutions affected by the storms, and waives certain institutional eligibility requirements. 

Plan proposes to keep benefits that encourage "work, higher education, and retirement savings."

Comments focus on how the overtime rule could be updated to work effectively for colleges and universities and their employees. 

Private, nonprofit colleges and universities again had the lowest default rates. 

Issues such as Title IX and Clery Act compliance, labor law, and immigration will be covered.

Interim guidance provides additional flexibility to institutions and protections for students accused of sexual misconduct.

GAO report sheds light on the flaws and deficiencies of the federal financial responsibility standards.

Legislation would extend the Perkins Loan program, set to expire on September 30, 2017, by two years.

Most of the guidance focuses on how institutions can properly comply with existing federal student aid requirements, and the flexibility offered to those institutions.

NAICU has joined with 29 other higher education associations in an amicus curie brief to the Supreme Court in the case challenging the Trump Administration's "travel ban" executive order.

The National Student Legal Defense Network plans to work with state attorneys general and consumer advocacy groups to pursue legal action to prevent the Trump Administration from overturning consumer protection rules and regulations.

University reprimanded for failure to meet certain eligibility requirements to participate in the federal student aid programs and could have to repay over $700 million.

Secretary Betsy DeVos announced that the Department of Education plans to replace its current Title IX guidance on campus sexual assault with new regulations developed through the notice-and-comment rulemaking process.

The Senate Appropriations Committee approved a $100 increase in the Pell Grant maximum for the 2018-19 award year, taking it to $6,020.

Following Hurricane Harvey, Congress and the White House approved emergency funding and a deal to avoid a government shutdown.

Citing the proposed salary increase as too high, a federal judge in Texas has struck down the Obama overtime rule that would hvae more than doubled the salary threshold for overtime pay. 

The Trump Administration has rescinded the Deferred Action of Childhood Arrivals program in the midst of legal challenges questioning its constitutionality.

Democrats on the House Education and the Workforce and Judiciary Committees convened to discuss race discrimination on college campuses. 

Colleges and universities receive guidance from the Department of Education on regulatory flexibility and campus administration following Hurricane Harvey.

Responding to input from NAICU, among others, the Department has created a subcommittee to make recommendations to modify the financial responsibility ratios.

The comment period for input on suggesting regulations that may be appropriate for repeal, replacement, or modification has been extended to September 20.

New Jersey and Virginia colleges are required to conduct voter registration drives this fall in advance of gubernatorial elections on November 7.

Colleges and universities receiving federal funds are reminded about planning an educational program on September 17, the anniversary of the signing of the United States Constitution.

Public comments sought on the overtime regulations set forth under the Obama Administration.

Brief states that bankruptcy trustees cannot reclaim tuition payments made by parents for their children.

State leaders are threatening to sue the Trump Administration if it does not rescind the DACA program.

Decision is important for colleges and universities that rely on international faculty, staff, and researchers.

Comments emphasize that institutions of higher education rely on a free and open Internet to fulfill their educational and research missions, including providing Internet services to underserved populations.

Student aid funding at risk as two House committees take very different paths on funding.

House committee votes to expand educational benefits to veterans and their families.

The Department of Ed solicited feedback on its plans to renegotiate the Gainful Employment and Borrower Defense regulations. In testimony, NAICU states opposition to using the faulty financial responsibility standards as a proxy for financial stability.

Potential changes could rescind the 2011 and 2014 Title IX sexual assault guidance.

Hearing comes in the wake of several high-profile cases of students protesting against speakers invited to college campuses. 

Bills target both illegal immigrants and cities that do not comply with immigration law.

The Trump Administration's modified travel ban went in to effect on June 29, and states that affected travelers must have a “bona fide” relationship with a person or entity in the U.S. in order to travel to America. 

The Department of Education issued a request for applications for the Title VI International Research and Studies program.

The Department of Homeland Security announced that the Deferred Action for Childhood Arrivals program established during the Obama Administration will remain in place for the time being. 

Legislation allows a student to receive Pell Grant funds for up to 150 percent of the student’s Pell Grant Scheduled Award for an award year, beginning in the 2017-18 academic year.

Regulatory Reform Task Force seeks to streamline and eliminate overly burdensome regulations. 

The Department of Education announced it will renegotiate the Gainful Employment and Borrower Defense regulations.

Thomas Moore Colleges sets inaugural conference on higher education compliance issues for July 18, 2017.

Department of Education cuts come from trimming or eliminating 30 programs.

Administration’s proposed FY 2018 budget would cut education spending by $9 billion.

The House Subcommittee on Higher Education and the Workforce hearing focused on how to collect data to make colleges and universities more accountable.

Rates on federally-issued Direct Loans to increase by 69 basis points.

An estimated 200 undergrads set to take part in the election, scheduled to take place between June 2-8.

Year-Round Pell reinstated while other core student aid programs were level-funded or received increases.

Plan would retain the charitable giving deduction, it’s assumed all other benefits would be eliminated – including the higher education tax benefits that help students and families save for college, pay tuition, and repay student loans.

The House passed a bill allowing private sector employers to offer the option of comp time or overtime to non-exempt employees who work over 40 hours per week. 

The U.S. Citizenship and Immigration Services agency announced it was suspending expedited processing of all H-1B visas as part of a continuing effort to curb “fraud and abuse.” 

Two recent actions highlight issues in academic labor-employer relations.

Institutions currently accredited by ACICS have about 13 months to seek a new accreditor.

NAICU is partnering with a coalition of organizations to support federal funding for student aid programs. The group sent an open letter to Congress on April 5 urging Congress to support these programs.

Proposed budget includes approximately $6 billion in cuts to student aid programs.

Regulations will never take effect, and similar regulations will be prohibited from future publication.

More than 560 institutions sign letter to President Trump asking to protect DACA students.

A federal judge ruled that Northwest Christian University's firing of a pregnant and unmarried faculty member was illegal discrimination.

Held April 21-22, conferred is expected to bring together higher education leaders to discuss social mobility.

As Congress looks toward possible tax reform options, many higher education benefits could be at risk.

Institutions are given more time to comply with two Gainful Employment requirements.

Online data retrieval tool temporarily taken down “to protect the security of the data.”

Scores determine financial responsibility necessary for institutions to participate in the Title IV programs.

Ruling upholds Graduate Assistants’ vote to unionize.

Resolution is expected to be signed by President Trump soon.

Order bans new visas from 6 countries for 90 days and suspends the refugee program.

House subcommittee holds hearing on "Restoring Balance and Fairness" to the NLRB.

Congress takes swift action on deregulation, including a move to block implementation of teacher preparation regulations.

Federal judge upholds Department of Education’s decision to deny for-profit accreditor’s federal recognition. The case will now move to a trial.

The newly-formed 115th Congress recently held its first higher education hearing of the new Congress.

The House Education and Workforce Subcommittee on Workforce Protections held a hearing to address federal wage and hour issues in the current economy and focused on the Obama Administration’s proposed Rule on Overtime Pay.

The Department of Defense plans to increase institutional oversight of schools participating in the Military Tuition Assistance program.

NAICU, along with two dozen Members of Congress, helps launch the Congressional Independent Colleges Caucus.

Homeland Security Secretary issues memorandum implementing President's executive order on immigration; DACA individuals and Dreamers receive exemption.

The Obama Administration published "due process" procedures for colleges facing borrower defense to loan repayment claims.

Secretary of Education nominee Betsy DeVos faced an unusually contentious confirmation hearing in the Senate HELP Committee.

The Education Department announced on January 19 that many of the loan repayment rates on the College Scorecard were over-stated.

The Education Department released final regulations regarding the state authorization of distance education programs.

Bipartisan legislation to protect Deferred Action for Childhood Arrivals students from deportation for three years has been introduced in Congress.

NAICU has joined with CUPA-HR to sponsor a free webinar on issues relating to graduate student unionization. 

114th Congress adjourns after passing continuing resolution to fund the federal government through April 28, 2017.

Following the November elections, preparations for the start of the 115th Congress in January 2017 continue to move forward with the leadership roster nearly complete.

With the future of the Overtime Rule uncertain, colleges should weigh their options carefully.

Final regulations have been published on how students who have been defrauded by institutions of higher education can have their loans forgiven.

For-profit accreditor ACICS denied appeal of decision terminating federal recognition.

Education Department issues guidance on teacher prep regulations “strongly encouraging” the use of value added metrics and student learning outcomes.

With a new Administration and a new Congress convening in January, it is important for NAICU members to join together to discuss current and emerging public policy questions during the 2017 NAICU Annual Meeting & Advocacy Day.

The Department of Education released its teacher preparation regulations which maintain the flawed construct of rating programs based on federally defined criteria for the purposes of TEACH Grant eligibility.

Due to the earlier availability of the FAFSA, the Department of Education has moved up the release of its Pell payment and disbursement schedules for the 2017-18 award year.

The Department of Veterans Affairs is suspending the publication of graduation rates of veterans who received benefits under the Post-9/11 GI Bill as the rates were not accurate indicators of success.

The Department of Education announced $71 million in new and non-competing continuation grants under the Fulbright-Hays Act.

Congress passed a continuing resolution two days before the end of the fiscal year in order to avoid a government shutdown.

The Internal Revenue Service has proposed changes to the Form 1098-T that will require separate tracking and reporting of information by colleges and universities.

The House Ways and Means Oversight Subcommittee held its second hearing in less than a year on college and university endowments.

The overall student loan cohort default rate dropped from 11.8 percent to 11.3 percent.

The NLRB ruled that graduate student teaching assistants and undergraduate students employed by their college are employees eligible to form or join unions.

NAICU joined the 5 other presidential higher education associations to jointly submit comments to the Department of Education on the proposed state authorization of distance education regulations.

Public comment on proposed regulations concerning the state authorization of distance education programs and foreign branch campuses are due to the Education Department by August 24, 2016.  The proposed regulations, announced July 25, seem to be less complicated and prescriptive than the last proposal discussed during a 2014 negotiated rulemaking session on this topic.

Proposed new rules outlining borrower defenses to loan repayment obligations of students defrauded by colleges resulted in a flood of more than 10,000 comments into the Education Department by August 1.  The Education Department issued the Notice of Proposed Rule-Making (NPRM) on borrower defenses in mid-June, following inconclusive negotiated rule-making sessions conducted last spring.

While the 2017-18 Free Application for Federal Student Aid (FAFSA) will be available on October 1, 2016, Department of Education Under Secretary Ted Mitchell has urged institutions not to move priority institutional financial aid deadlines forward while also encouraging institutions to process financial aid awards, if only estimates, as soon as possible. 

Colleges and universities receiving federal funds are required to annually conduct an educational program related to the United States Constitution on September 17.

While Congress is in recess (July 18-Sept. 6), the Department of Education may still act on several proposed or pending regulations.

The Pell Grant, TRIO, and GEAR UP programs all increased, while SEOG and Federal Work Study were level-funded.

The Department of Education's action on Borrower Defense may prove problematic for many institutions.

Hillary Clinton and the National Democratic Party highlight their priorities for higher education.

The Department of Education extended the deadline for institutions to submit corrections to the lists of students who had completed gainful employment programs. 

The handbook serves as a compilation of guidelines and incorporates scenarios, examples, and issues discussed by multiple stakeholders involved in campus safety compliance and enforcement.  

Contradictory advice leads to confusion in timing of aid awards.

A provision that would reinstate the year-round Pell Grant was included in the education funding bill approved by the Senate Appropriations Committee.

The Department of Education provided an unofficial preview of the forthcoming Borrower Defense to Repayment rule, which will be released on June 16.

The Department of Education posted an announcement providing important information on the process for the calculation and release of Gainful Employment Debt-to-Earning rates.

The IRS has recognized that foreign students were being improperly denied income tax refunds for their income earned and reported on tax Form 1042-S. The IRS is now taking steps to resolve this issue for all affected students.

College and university leaders are being asked to eliminate unnecessary barriers for those with a criminal record.

The Department of Justice is soliciting additional comments on the 2010 Notice of Proposed Rulemaking regarding nondiscrimination on the basis of disability and accessibility of web information.

The final rule on overtime pay was announced on May 17, and increases the amount employees can earn and be considered for an exemption from overtime pay to $47,476.

The Department of Education provided clarity on two issues related to differentiated accreditation.

The maximum tuition and fees paid by the Post-9/11 GI Bill will increase by 4.2 percent for 2016-17. 

Interest rates for PLUS loans, Stafford undergraduate loans and Stafford graduate loans will drop by .53% for the 2016-17 academic year.

On April 22, NAICU submitted comments to the Department of Education on the supplemental notice of proposed rulemaking regarding teacher preparation.

The Departments of Education and Justice jointly issued guidance regarding transgender students.

On May 9, Education Secretary John King issued a letter to colleges and universities urging them to reconsider questions about applicants' criminal histories.

On May 11, a Regional Director for the NLRB denied a request by Marywood University faculty to form a union as it was upheld that the faculty played a managerial role in the operation of the school.

The U.S. Department of Education invited 44 postsecondary institutions across 23 states to participate in an experiment to allow high school students to use Pell Grants for college-credit courses.

Your Vote, Your Voice is set to launch at the end of May to help educate and register voters.

The Department of Education signaled its renewed effort to move forward on the controversial teacher preparation regulations that were proposed in 2014. The proposed regulations clarify state reporting responsibilities as well as TEACH Grant eligibility.

The Department of Education is soliciting public comment on a draft letter it intends to send to all federally recognized accrediting agencies clarifying terminology used by accreditors.

The NLRB ruled that Columbia College Chicago violated federal labor law when it did not negotiate with its adjunct faculty union before reducing the credit hours assigned to several courses.

The U.S. Department of Labor sent its final rule on overtime pay to the White House Office of Management and Budget for review and approval. There is currently no information on the content of the final rule, or when it will go into effect.

On March 15, the U. S. Senate confirmed John King as the next Secretary of Education.

The negotiators on borrower defenses failed to reach consensus on proposed regulations during the final negotiated rule-making sessions. The Department of Education is now free to write a Notice of Proposed Rule-Making as it sees fit.

The American Council on Education recently updated its memorandum on political campaign activities to presidents, providing compliance guidelines for 501 (c)(3) tax-exempt institutions.

The Jandris Center at the University of Minnesota is offering $2,500 awards for research focusing on innovation, leadership, and change in the small, private college sector.

NAICU is seeking comments on several unresolved issues relating to borrower defenses which were raised during a recent negotiated rule-making session.

Acting Secretary of Education John King testified before congressional education committees in both the U.S. Senate and House of Representatives the week of February 22. The Senate committee appears likely to vote in favor of his nomination for Secretary.

The House Ways and Means Oversight Subcommittee held a hearing titled “Protecting the Free Exchange of Ideas on College Campuses,” on March 2, to examine if tax-exempt colleges and universities are suppressing the free exchange of ideas on campus.

Fifty-six private colleges and universities with endowments over $1 billion receive inquiry from Congressional Subcommittee.

President Obama released the administration’s FY 2017 Budget Request on February 9, which for higher education, builds on the themes of access, success, affordability, and completion that have driven his higher education policy directions.

President Obama’s budget includes several proposals that would significantly impact decision-making for students and families, as well as prospective donors to colleges and universities. 

As part of the his budget proposal, President Obama announced plans to establish an Enforcement Office at the Department of Education to provide increased vigilance and quicker action in fighting fraud in the student aid programs.

In early February, the Department of Education publicly released a series of reforms aimed at further strengthening the accreditation process. The changes build off the previously outlined mandates released in November 2015.  

The U.S. Department of Education is moving forward on a plan to create a centralized database to collect complaints and feedback from students and borrowers.

In his final State of the Union address, President Obama highlighted three priorities in higher education that his administration will continue to focus on in his last year in office: making community college free for responsible students; making student loans more affordable; and simplifying the financial aid process to improve college choice.

The Department of Education recently held the first of three sessions of negotiated rule-making which focused on the borrower defense to repayment of student loans. The first session reviewed and brain-stormed the set of issues presented by the Department. Language developed from these discussions will be provided at the next neg-reg session, February 17-19.

On January 7, the Internal Revenue Service announced that it withdrew its much-maligned proposal for an alternative way of substantiating charitable donations.

There is a provision in the tax portion of the Omnibus law that has a potentially problematic change for 1098-T reporting for colleges and universities. 

In January, the Council for Higher Education Accreditation and a group of national accreditors filed a legal brief seeking to submit an amicus brief in support of the Accrediting Council for Independent Colleges and Schools in its upcoming case against the Consumer Financial Protection Bureau.

A regional office of the NRLB recently ruled in favor of Carroll College and against its faculty's attempt to unionize. The decision represents the first time, the NLRB standards from the Pacific Lutheran decision have been applied.

The U.S. Department of Education’s Office of Postsecondary Education announced its upcoming 2016 grant competitions. The department also put out a call for peer reviewers to read and evaluate its entries.

The Service Year Alliance recently announced their second Service Year + Higher Ed Innovation Challenge. The challenge is to innovate and create new opportunities for students to have a “service year,” akin to Peace Corps or AmeriCorps, connected to academic credit.

Congress and the White House passed the $1.1 trillion omnibus tax and spending bill. Of note, the Charitable IRA Rollover and American Opportunity Tax Credit were both made permanent. There were also no cuts to student aid programs.

On December 17, Congress passed legislation extending the Perkins Loan program through September 30, 2017. The program had previously expired on October 1, 2015. NAICU appreciates the bipartisan commitment to extending the Perkins Loan program, however, NAICU does not endorse the final legislation.

NAICU has joined ACE and four other higher education associations in an amicus brief to the National Labor Relations Board concerning recent efforts to unionize graduate assistants at The New School.

President Obama signed into law the Every Student Succeeds Act on December 10. It is the first reauthorization of the nation's major K-12 education law since NCLB.

The Department of Education revealed a package of proposals to make college accreditation a more transparent and accountable process. The proposals include five executive actions to be taken immediately and four legislative actions which Congress will be asked to make.

NAICU joined many other higher education associations and nonprofits in signing comments drafted by the National Council of Nonprofits, stating our concern with the Treasury Department and IRS's proposed regulation to permit nonprofits to collect taxpayer identification information from donors.

The Department of Education continues to provide notices to institutions about regulatory requirements that must be met for Gainful Employment programs. Two new notices: Announcement 70: Transitional Certification and Announcement 71: Reviewing and Correcting GE Completers Lists were recently published. The regulations and myriad updates are provided together through “Information for Aid Professionals” (IFAP).

The National Association of College and University Business Officers completed an analysis of recent cash management rules. Their analysis is broken down in two parts: institutional management of Title IV funds, and relationships between institutions and third-party servicers.

The Revised Pay As You Earn (REPAYE) Repayment Plan was made available this week with new Department of Education resources.

Two-year budget deal expected to be a win for student aid programs.

A group of 54 senators is calling for immediate consideration of legislation to extend the Perkins Loan program for one year.

The Department of Education published two sets of regulations to ensure students have better access to their student aid funds, and that all students have access to a new income based repayment plan.

The Department of Education announced it will test the idea of giving Pell Grants to high school students who are dually enrolled in college.

NAICU joined 37 other higher education organizations in an amicus brief submitted to the U.S. Supreme Court in the case of Fisher v. University of Texas.

The NLRB will reconsider its 2004 decision which ruled graduate teaching assistants are primarily students and not employees.

The Higher Education Act will celebrate its 50th anniversary on November 8. Since it was signed in to law, more than 53 million bachelor's degrees and 24 million associate's degrees have been awarded.

Leveraging Senate procedural rules, HELP Committee Chairman Lamar Alexander (R-TN) blocked legislation, which had bi-partisan support, to reauthorize the Perkins Loan program beyond its October 1, 2015 sunset date.

Teacher preparation regulations from the Department of Education were originally expected to be published by November 1 and to go in to effect on July 1, 2016. Now the Department has indicated the regulations will not be published by the November 1 deadline and as a result, the earliest the regulations could potentially go in to effect is July 1, 2017.

Congress passed a continuing resolution which will keep the government running at current funding levels until December 11, 2015.

The House Ways and Means Oversight subcommittee held a hearing to explore whether federal tax benefits and other subsidies contribute to rising tuition, the role endowments play in college costs, as well as executive compensation and campus amenities.

The Department of Education clarified earlier answers on whether, and how often, data included in institutional profiles will be updated.

Congress did not include funding for the Advisory Committee on Student Financial Assistance in the recently passed Continuing Resolution that kept the government from closing. However, they did extend authorization for the National Advisory Committee on Institutional Quality and Integrity which advises the Secretary on accreditation.

The Senate Committee on Homeland Security & Governmental Affairs, which has no higher education jurisdiction, held a hearing focused on student achievement and outcomes.

A recent congressional hearing explored Income Share Agreements as a potential alternative for students to finance their higher education.

For the third consecutive year, overall student loan cohort default rates have dropped, according to the Department of Education. Private 4-year schools had the lowest rates compared to public and proprietary schools.

Absent congressional action, the Higher Education Act will expire on September 30; three key programs with sunset dates in jeopardy.

New College Scorecard aimed at helping in the college selection process launched by the Department of Education.

President announced on September 14, that the federal government will use “prior, prior” year income data to determine federal financial aid eligibility.

During a recent House Subcommittee on Higher Education hearing about “Preventing and Responding to Sexual Assault on College Campuses,” committee members heard in-depth testimony highlighting the complexities of addressing sexual assault on college campuses.

While supportive of an increase in the minimum salary thresholds and periodic updates to the federal labor standards, the higher education community expressed concern that the “proposed minimum salary threshold is simply too high,” in a 25-page comment letter to the U.S. Department of Labor.

How will your campus observe Constitution Day this year?

Colleges in Kentucky, Louisiana and Mississippi are required to distribute voter registration forms to their students this fall in advance of their November gubernatorial elections.

NAICU's 2016 Annual Meeting is scheduled for January 31-February 3, 2016 in Washington, DC.  Circle the date on your calendar and register today on the NAICU website.

The Senate plans to adjourn August 7 (the House recessed July 31) with big budget deadlines looming in the fall that will impact many core issues, including student aid funding. Congress reconvenes September 8. 

Combatting sexual assault was the focus of a recent Senate Health, Education, Labor, and Pensions Committee hearing.

The National Advisory Committee on Institutional Quality and Integrity accepted a staff report from the Department of Education recommending that the Accreditation Commission for Education in Nursing’s status as a federally-recognized programmatic accreditor be stripped for not being "separate and independent" from the National League of Nursing trade association.

The Department of Education announced a pilot program to enable certain incarcerated Americans to receive Pell Grants in order to pursue postsecondary education.

There are two bipartisan efforts underway in Congress to help save the Perkins Loan program, which is set to expire September 30.

Congress has approved legislation to extend the current anti-trust exemption provided to institutions that practice need-blind admissions.

Education Secretary outlines higher education priorities, and offers comments on college affordability during speech at the University of Maryland-Baltimore County.

In a recent hearing on reauthorization, the Senate HELP committee focused on "Exploring Barriers and Opportunities within Innovation" and ways institutions can innovate in how they offer courses to students.

Earlier this month, the Department of Education reminded colleges of the impending July 31, 2015 deadline for gainful employment programs.

Vonda Dickson has been named Director for Finance and Administration at NAICU, replacing Linda Allison, who is retiring after nearly 13 years with the association. Dickson, who joined NAICU in June, comes to the association after sixteen years as Senior Vice President of Finance and Administration/CFO for the District of Columbia Hospital Association.

The U.S. Department of Education announced that it no longer plans to develop a federal postsecondary institutional ratings system. Instead, the Education Department will implement a “consumer-facing tool” designed to help students, families, and school counselors identify and select colleges.

Increase to Pell Grant maximum award survives, but SEOG and Federal Work Study programs cut by the Senate Appropriations Committee.

The Department of Labor’s Wage and Hour Division announced its proposal to amend the Fair Labor Standards Act, including the regulations governing the “white collar” exemption for executive, administrative, and professional employees. While the proposed rule will mean higher salaries for exempt employees, nothing goes into effect immediately, and there will be a comment period, as well as expected legal challenges before anything becomes final.

Progress on the controversial rewrite of the Elementary and Secondary Education Act is slowing down summer work on the Higher Education Act reauthorization.

The U.S. District Court for the District of Columbia, in a recent decision, upheld the Department of Education’s gainful employment rule, denying a suit filed by the Association of Private Sector Colleges and Universities, which sought to label any employment after college as gainful.

The U.S. Supreme Court has agreed to review again the use of race in college admissions.

A trade bill approved by President Obama includes language easing IRS penalties on 1098-T reporting. The penalties affected many institutions for failing to provide adequate student tax identifiers like Taxpayer Identification Numbers or Social Security Numbers.

Electronically-filed Form 990s to be made available to the public by the IRS.

New proposed cash management rules issued by the Education Department are the subject of comment letters from the higher education community, which NAICU helped to develop and has endorsed.

Sen. Thomas Carper (D-DE) introduced a bill to count payments from military and veteran education programs toward the limit on federal revenues that for-profit higher education institutions are allowed to receive under the 90/10 rule.

The House Labor-HHS-Education Appropriations Subcommittee wrote its bill June 17, with $3.7 billion less than last year to work with, it made federal student aid funding a priority amongst competing worthy programs. It also included language prohibiting the Department of Education from implementing regulations that overreach into academic freedom.

On June 19, the U.S. Department of Education published a Dear Colleague letter reminding institutions about the impending July 1 implementation date for the state authorization regulations.

In a series of June announcements, the Department of Education provided additional information and updates on gainful employment, the loan repayment campaign, and enforcement of the statutory prohibition on payment of incentive compensation by postsecondary institutions.

On June 8, the Department of Education announced it will provide relief for many students left holding student loan debt when Corinthian College abruptly closed last year.

The Department of Education published a Questions and Answers document concerning the wind-down of the Federal Perkins Loan program.

Congress is considering pushing colleges to have skin in the game on student loan defaults.

The Education Department’s second try at writing a Gainful Employment regulation survived a legal challenge from the New York Association of Proprietary Colleges in a judicial decision handed down by the U.S. District Court in New York on May 27, 2015.

The Department of Education issued long-awaited guidance on changes made by the Consolidated and Further Continuing Appropriations Act of 2015 to Title IV eligibility for certain students who are not high school graduates.

The Education Department has issued proposed new rules regarding refunds of Title IV funds to students and the use of debit and prepaid cards.

Banned since 1994, efforts are underway in Washington to restore Pell Grant eligibility to incarcerated students.

NAICU seeks to compile a list of any additions or modifications that would make the Department of Education's long awaited "compliance calendar" more complete.

After several years of delay, the Department of Education appears set to implement state authorization regulations effective on July 1, 2015. The provisions that will be implemented are those requiring an institution to be authorized by the state in which it has its main location, or in which it has an additional physical location offering at least half of an educational program.

In April, NAICU submitted responses to three white papers released by Senator Lamar Alexander (R-TN) on accreditation, institutional risk sharing, and data transparency and consumer information. In responding, NAICU highlighted risks and opportunities within each white paper.

The Department of Education recently sent letters to all college presidents and Title IX Coordinators explaining the roles and responsibilities of their institutions in prohibiting sex discrimination in educational programs and activities. Along with the letters, the Department issued an updated Title IX Resource Guide providing further detail on the role and authority of Title IX Coordinators. 

The House Budget Committee filed their FY 2016 budget resolution calling for extensive cuts to student aid.

On April 30, the House Subcommittee on Higher Education and Workforce Training held a hearing focused on improving college access and completion for low-income and first-generation students.

The Senate Health, Education, Labor and Pensions Committee held a hearing focused on the role of consumer information in college choice as it continues to work towards reauthorization of the Higher Education Act.

The federal regulatory negotiating panel assigned to review President Obama’s new income-driven repayment plan came to a last-minute compromise on the loan-forgiveness proposal of the repayment plan that allowed the team to reach an agreement on proposed regulations.

The U.S. Department of Education announced that it will award up to $60 million to innovative colleges and universities through a second round of grants in the First in the World program. According to the Department, the program seeks to spur the development of innovations that improve educational outcomes, and make higher education more affordable for students.

In an effort to increase student mobility between Mexico and the United States, the University of Guadalajara is offering 15 full scholarships for its summer study abroad program. The scholarships cover the costs of the month-long program and room and board. Students would only need to pay for their airfare and health insurance.

The recently passed FY 2016 Congressional budget resolution intends to freeze the Pell maximum and eliminate $90 billion in mandatory funding from Pell. The budget resolution passed both the House and Senate and will now go to a budget conference committee to work out the differences between each version and then pass a final resolution.

Senator Lamar Alexander (R-TN) released three white papers for public comment on March 23. The topics, as well as the papers’ contents, give more insight into the key issues he wishes to address in HEA reauthorization. Taken as a whole, the papers indicate that Sen. Alexander is seeking a new way to approach institutional accountability that balances deregulation with some sort of financial “skin in the game” for colleges.

In March, the Senate Finance Committee solicited comments and proposals for specific areas of tax reform from interested groups and individuals. NAICU submitted a proposal which supports the current structure of tax benefits for students and families that help them save for college, pay tuition, and repay student loans.

A top official at the U.S. Department of Education recently hinted that the Administration is considering creating two separate institutional ratings systems for colleges and universities. One system would be consumer-focused for use by students and families in helping choose a college, while the second would be for use by researchers and policymakers.

A recent hearing held by the House Higher Education and Workforce Training Subcommittee covered several topics that are likely to be debated during reauthorization of the Higher Education Act, including year-round Pell, FAFSA simplification, deregulation, and measuring the success of graduates.

The Department of Education is considering how it might implement Pay As Your Earn 2. Generally, nonfederal negotiators support expansion of income-driven repayment, but are concerned with a few of the conditions. They are also worried about confusion due to the other options borrowers already have.

The Federal Emergency Management Agency is making available to NAICU members the ability to participate in a virtual training program to help colleges and universities in emergency preparedness and response planning.

The Aspiring to the Presidency executive leadership symposium will be held at St. Anselm College in Manchester, NH on June 24-26. The three-day program is designed to help mid- and senior-level college and university administrators explore a career path to a college presidency.

NAICU welcomed new staff members this winter. Tim Powers started as the Director of Accountability and Regulatory Affairs in January, and Jason Ramirez began as the Director of Research and Policy Analysis in March.

The 114th Congress started on January 6 with Republicans in control of both the House and Senate. As a result, colleges can expect to see a lot of activity on issues that will directly affect them.

Findings from the Senate Task Force on Federal Regulation of Higher Education were released on February 12. The report looks at the ever-increasing burden of federal regulations as well as the structural break-downs in the regulatory process.

The Pell Grant maximum for the 2015-16 award year will be $5,775, not $5,830 as previously reported. The reduced amount is due to a lower than expected rate of inflation, not because of any Congressional action.

The Department of Education has established the parameters that colleges and universities must follow to “wind-down” their Federal Perkins Loan disbursements, and defined the conditions in which schools may continue to make certain student loans.

Realigning tax priorities and the proposal for free community college highlighted the higher education portion of President Obama's State of the Union Address.

The release of the president’s budget on February 2 kicked off the FY 2016 budget and appropriations process for the year. For education, the budget includes $3.6 billion more than last year, and proposes some new ideas for student aid, including Pay As You Earn, and FAFSA simplification as well as changes to Pell Grants and Campus-based aid.

NAICU responds to proposed federal rating system for colleges and universities. In its comments to the Department of Education, NAICU expressed support for providing as much consumer information as needed for students and families to make an informed decision on where to attend college. Yet NAICU also strongly voiced its position that the federal government should in no way substitute a federal rating for an individual’s judgment about what is important and valuable in an educational experience.

On January 30, NAICU submitted comments to the Department of Education on the proposed regulations for teacher preparation programs. NAICU’s comments reflect its concerns about federal over-reach into state and institutional responsibilities to prepare, certify, and license teachers for our nation’s K-12 schools.

On February 4, the House Ways and Means Committee approved seven bills that would make permanent several temporary charitable tax benefits, including the IRA charitable rollover. The IRA rollover last expired at the end of 2014, after only being renewed briefly at the end of the year. Making this benefit permanent is a top NAICU tax priority.

On February 3, the Department of Education posted the first in a series of announcements providing operational information about changes to the Direct PLUS Loan adverse credit history provisions contained in the October 23, 2014 final regulations.

The Department of Education recently issued guidance to clarify the reporting responsibilities institutions have when using outside servicers. The Department delineated which activities performed by a third-party servicer fall under the reporting requirements.

The association representing for-profit institutions filed a motion for summary judgment in its November 2014 suit challenging the Department of Education’s gainful employment regulations.

Get a recap of the 2015 NAICU Annual Meeting through photos and the tweets sent by meeting attendees.

The 114th Congress adjourned sine die on Tuesday, December 16. Additionally, President Obama signed the “CRomnibus” spending package that covered several areas of interest to NAICU members, including funding for the key Federal student aid programs.

The House and Senate approved an extension of expired tax benefits before adjourning for the year. Included in the benefits are the IRA Charitable Rollover and the above-the-line Tuition Deduction benefits, however these will expire on December 31, 2014.

The Department of Education issued a Notice of Proposed Rule Making (NPRM) to provide increased Title II accountability for all teacher preparation programs and to link program quality to Title IV TEACH Grant eligibility. Comments on the proposed regulations are due February 2, 2015. Included in the regulations is an additional request for comments (due Jan. 2, 2015) to the Office of Management and Budget (OMB) on the cost and burden of implementing teacher preparation regulations.

The White House held their 2nd Summit on College Opportunity on December 4. The summit focused on 4 areas: College Completion Collaboration, K-16 Collaboration, K-12/Postsecondary Counseling and Advising, and STEM Degree Production.

Since its establishment in August 2013, State Authorization Reciprocity Agreement (SARA) officials have continued to promote membership in the agreement and to refine its operations and requirements. SARA's use of the Department of Education’s financial responsibility composite scores to assess the financial soundness of private institutions continues to be a concern.

Addressing sexual assault on campus continues to be a high-profile issue for campus officials, policy makers, and the media. Most recently, the November 19 Rolling Stone article regarding the University of Virginia and its attendant controversy has generated even more intense interest in identifying fair and effective means of addressing the issue. Several recent events underscore just how complex that task is for policy makers, institutions, law enforcement, and students and families.

The Department of Education has again published a final gainful employment rule and has again been sued by the Association of Private Sector Colleges and Universities (APSCU).

The National Advisory Committee on Institutional Quality and Integrity (NACIQI) held its semi-annual meeting on December 11. The committee had a relatively light agenda in terms of accreditation agency reviews, in that its scheduled review of the Council for the Accreditation of Educator Preparation (CAEP) was delayed until next spring.

The Department of Education published guidance to address questions regarding incarcerated students and their eligibility for Federal financial aid. The clarification reiterates earlier guidance on the definition of “incarcerated,” provides distinctions on eligibility of individuals at various types of correctional facilities, and defines the differences between eligibility for Pell Grants and for Title IV student loans.

The Department of Education has issued final regulations implementing changes made by the Violence Against Women Act (VAWA) to the Clery campus safety provisions of the Higher Education Act.

Helping more students prepare for and graduate from college is the focus of a second White House higher education summit on College Opportunity set for December 4, 2014.

In a letter to the Department of Education, NAICU President David Warren expressed support for a newly revised definition of "adverse credit history." The new definition is estimated to make an additional 370,000 individuals eligible for PLUS loans.

The Department of Education released the institutional student loan cohort default rates in September. The overall private nonprofit sector rates dropped from 8.2 to 7.2 percent. The rate for 4-year private nonprofit colleges declined from 8 to 7 percent (the FY 2009 percentage for nonprofits was 7.5 percent).

Earlier this month, Culture of Respect, a nonprofit established to help colleges and universities strengthen their prevention efforts related to sexual assault on campus, launched with the introduction of a new website: CultureofRespect.org.

Hold the dates February 1-4, 2015 on your calendar for the 2015 NAICU Annual Meeting in Washington, DC.

As Congress adjourns to go home for the midterm election cycle, it passed a continuing resolution to avoid a government shutdown. The continuing resolution funds programs at FY 2014 levels, and runs from September 30, the last day of FY 2014, until December 11, the last day the House is scheduled to be in session.

This summer, NAICU, both individually and with others in the higher education community, responded to requests for feedback from Senate education committee Chairman Tom Harkin (D-IA) on a number of pressing issues related to the reauthorization of the Higher Education Act.

NAICU briefed the Advisory Committee on Student Financial Assistance on both the support and concerns the Association and its members have with the possibility of a federal rating metric.

The Knight Commission on Intercollegiate Athletics, co-chaired by NAICU member president R. Gerald Turner of Southern Methodist University, met in Washington D.C. on September 8 to hear practitioners and experts share policy updates on new health and safety initiatives for student-athletes. 

Federal law requires colleges and universities to distribute voter registration forms to all of their on-campus degree or certificate-seeking students. Your Vote, Your Voice 2014 is a web-based resource to help campuses engage their students, faculty and staff in the election process.

September 17 is Constitution Day, how will your campus observe this historic event?

Hold the dates February 1-4, 2015 on your calendar for the 2015 NAICU Annual Meeting in Washington, DC.

The Department of Education is seeking comments on recommended changes to eligibility standards for PLUS Loans by September 8. The proposed regulations, published on August 8, would update the criteria for determining if a potential PLUS Loan parent or student borrower has an “adverse credit history” that prevents the applicant from getting the loan. The quick turn-around enables the Department to publish final regulations by November 1, 2014, so that they can take effect by July 1, 2015.

The fall Congressional calendar is set to include several issues critical to higher education, including annual funding bills for student aid and work on the rewrite of the Higher Education Act.  Prior to adjourning for its summer recess, the House did vote to make permanent the IRA charitable rollover and the American Opportunity Tax Credit, although Senate action is less clear.

The "Campus Accountability and Safety Act" was introduced in the U.S. Senate on July 30 by a bipartisan group of 10 senators and has a growing list of consponsors.  The act aims to make changes to the Higher Education Act, Title IX and the Violence Against Women Act and will require colleges to act more aggressively in identifying, preventing, and addressing sexual misconduct on their campuses.

The House of Representatives recently approved several bills dealing with higher education tax policy and the Higher Education Act. While action is unlikely in the Senate, the bills offer a glimpse of how future tax and HEA proposals may take shape.

The Secretary of Education has invited institutions that participate in Title IV programs to apply to participate in a new Experimental Sites Initiative (ESI). Letters of application must be received by the Department of Education no later than September 29, 2014. Institutions chosen for the sites will be expected to provide significant information about their experiments, including, in some cases, control groups of students.

The House Committee on Education and the Workforce approved three bills today intended to serve as building blocks towards the comprehensive reauthorization of the Higher Education Act (HEA).  Despite a September 30 expiration date, work on a comprehensive HEA bill is unlikely to be completed before Congress adjourns this fall.

The Department of Defense has informed institutions in the Tuition Assistance (TA) program of an update to the previous Memorandum of Understanding issued in May 2014.  Institutions wishing to participate in the TA program after September 5, 2014, must sign a certification statement—even if they have already signed the revised Memorandum of Understanding (MOU) published in May of this year.

The findings of the campus sexual violence survey, released by Senator Claire McCaskill on July 9, assess how institutions report, investigate, and adjudicate sexual violence. Overall, the findings are critical of every aspect of how campuses are handling sexual assaults on campus.

NAICU has joined ACE and three other higher education associations in an amicus brief to the National Labor Relations Board on the question of whether student-athletes (in this case, football players) are eligible to form a union and bargain collectively about the terms of their participation in their sport. The brief argues that, as a matter of both law and fact, these athletes are students and not employees, and therefore not subject to the National Labor Relations Act.

While there’s no appetite in Congress for a government shutdown, the bipartisan congressional appropriators’ attempt at regular order for passing the FY 2015 spending bills has stalled.  Completion of the spending bills, including student aid funding, will most likely be delayed until a post-election lame duck session.

NAICU joined ten other higher education and library associations this week in a statement of net neutrality principles as the Federal Communications Commission (FCC) prepares to reconsider the issue.

Former Colby College President William D. “Bro” Adams was confirmed Wednesday by the United States Senate as the 10th chairman of the National Endowment for the Humanities (NEH). Adams is expected to begin as chairman in the coming days.

As part of the Obama Administration’s effort to promote college affordability, the Treasury Department posted a fact sheet on its website in mid-June to help taxpayers claim college benefits, particularly Pell Grant recipients eligible for the American Opportunity Tax Credit (AOTC).

Legislation making the American Opportunity Tax Credit permanent was passed this week by the House Ways and Means Committee. The legislation was revised significantly following advocacy efforts by the NAICU membership.

Preliminary ideas for rewriting the Higher Education Act are starting to emerge from both the House and Senate Education Committees. Here is an initial overview of the plans released this week by Congressional leaders.

Implementation of state authorization regulations, which require an institution to be authorized to operate in the state in which it is located, have been delayed for another year by the Department of Education.

NAICU advocates for a strong and independent accreditation system in testimony before NACIQI.

Comment period opens for Department of Education’s new regulations on sexual assaults on campus. Deadline is July 21, 2014.

A Senate hearing, a roundtable discussion, and the recent publishing of new regulations illustrate Washington’s focus on changing how campuses handle sexual assaults on campus.

The Senate Finance Committee examined student debt through the lens of the tax code at a hearing this week. Senators and witnesses discussed many ideas to ensure federal tax dollars “spent” on higher education through the tax code were being used effectively.

Some higher education decisions could be slowed following the Supreme Court’s ruling this week on the president’s authority to make recess appointments. More than 400 recent NLRB cases must be reviewed and reissued.

As part of the Obama Administration’s effort to promote college affordability, the Treasury Department posted a fact sheet on its website in mid-June to help taxpayers claim college benefits, particularly Pell Grant recipients eligible for the American Opportunity Tax Credit (AOTC).

The Senate Labor-HHS-Education Appropriations Subcommittee FY 2015 spending bill provides increases for all student aid programs over last year’s levels. Despite a flat allocation, and two new major obligations, Senators made increases in student aid a top funding priority.

As the election year gears up, Democrats are once again putting the terms and conditions of student loans front and center with action coming from both the White House and the Senate. With control of the Senate, but not the House, legislative action is uncertain, but the White House is using its executive authority to ease the cost for borrowers with significant debt burden.

Representatives Bob Goodlatte (R-VA) and Michael Capuano (D-MA) joined together and introduced a resolution opposing President Obama’s plan to rate colleges and universities.

Senator Claire McCaskill (D-MO) held the first two of three campus sexual assault roundtables. The roundtables have included survivors, administrators, law enforcement, and advocates, and focused on the Clery Act, Campus SaVE, and Title IX.

During its second meeting, the Task Force on Government Regulation of Higher Education discussed regulatory requirements in the areas of student financial aid, campus security, data collection, disclosures, and accreditation and identified a number of specific requirements that are particularly problematic for institutions.

A new report from the National Center for Education Statistics, in partnership with the Bureau of Justice Statistics, on school crime and safety across the entire U.S. education system found that, in higher education, overall campus crime is down; however, drug violations and forcible crimes have increased.

The Federal Appeals Court in New York ruled that the HathiTrust Digital Library’s effort to provide a digital archive of books and other materials from libraries all over the world does not violate copyright law.

According to the Department of Education, the release of President Obama’s college rating proposal will be pushed back to this fall, with implementation in place for the 2015-2016 school year. In a blog posted to the Department’s website, D eputy Undersecretary Jamienne Studley confirmed their commitment to developing the rating tool.

The Program Integrity and Improvement Negotiated Rulemaking Committee reached agreements on several key issues but failed to achieve consensus on proposed regulations dealing with state authorization of distance education programs and with cash management programs. The committee reached “tentative” agreement on PLUS Loans, state authorization of the foreign locations of U.S. institutions, clock to credit hour conversion, and retaking coursework.

The IRS has decided to rewrite draft regulations on what political activity nonprofit organizations can participate in under their 501(c)(4) status.

The U. S. Department of Education announced in the Federal Register that $35 million will be available for Teacher Quality Partnership Grants focused on STEM educator preparation. An estimated 20 grants will be awarded between $1 and $2 million each. There is a 100% match expected from the partnership.

Decreasing sexual assaults on campus will remain a top issue during the near term. Institutions can expect additional regulatory requirements regarding campus policies dealing with sexual violence and Title IX enforcement.

Institutions whose students receive assistance from the Department of Defense’s Tuition Assistance program will need to sign a new Memorandum of Understanding after July 14 in order to continue participating in the program.

As a result of the recent NLRB ruling in the Northwestern University case, the House Education and the Workforce Committee held a hearing examining the consequences of unionizing student athletes. Several NAICU members testified during the hearing which covered a diverse array of positions on this complex issue.

Interest rates on new federal student loans are set to increase for the 2014-15 school year. Students can expect to pay an additional $5 for every $1,000 in loans. 

The Senate Health, Education, Labor and Pensions Committee held a hearing about completion and retention rates of low-income and minority students. Innovative efforts to help the students were also addressed during the hearing.

House Subcommittee explored the effectiveness of initiatives focused on promoting educational attainment among veterans. Witnesses offered a positive assessment of the post 9/11 GI Bill.

The Department of Education announced on May 13 that it would not reimburse colleges which provided loan forgiveness for Perkins Loan borrowers who completed public service jobs.

The Department of Education announced that $75 million will be available for the developmental stage of “First in the World” (FITW) grants for innovations at colleges and universities that result in more students graduating from college by 2020, especially low-income, traditionally under-represented, and minority students. The Department is providing technical assistance and webinars to help campuses apply.

Violence Against Women Act leads to proposed regulatory changes to crime reporting, disciplinary hearings and efforts to educate students about sexual assault prevention.

Tough new teacher preparation standards from the Council for the Accreditation of Educator Preparation (CAEP) demand a strategic approach from campuses. Congress holds hearings on teacher preparation programs while new federal regulations remain stalled.

Education Department proposes new regulations requiring each state to authorize by name all institutions offering distance education services to state residents.

New rules for determining PLUS Loan limits and policies for using debit cards to issue refunds to students provoke lively discussion at rulemaking session.

Gainful employment programs targeted again by Education Department regulation proposal seeking to provide new structure for program approvals and monitoring.

On the two year anniversary of the executive order establishing the “Principles of Excellence” for institutions enrolling service members and veterans, the Obama administration continues to make steady progress in implementing initiatives regarding program integrity, consumer information, and complaint resolution issues.

The House approved a budget blueprint on April 10 along party lines, but the nonbinding resolution is not expected to be taken up by the Senate.

Senate HELP Committee hearing explores the issues surrounding the $1.2 trillion in student loan debt in preparation of reauthorization of the Higher Education Act.

Got a particular federal regulation or legal requirement you’d like to see revised or eliminated? The Task Force on Government Regulation of Higher Education wants to hear about it.

The president’s FY 2015 budget request to Congress proposes $29 billion to fully fund the scheduled $100 increase in the Pell Grant maximum and level funds the other student aid programs. The budget also proposes reform programs to implement the College Value and Affordability agenda he has been advocating for since August, including a proposal to provide $10 million for his controversial college rating metric. NAICU expects to see education funding bills sometime in the summer.

Rep. Dave Camp (R-MI) introduced legislation that would overhaul the current Internal Revenue Code by lowering tax rates and eliminating popular tax breaks. The bill would also create a new excise tax on excess endowment funds at private colleges and universities only – not public colleges. While the bill is not expected to be considered in the House or Senate this year, it does reflect Rep. Camp’s commitment to introducing fundamental reform measures during his tenure as Ways and Means Chairman.

Shortly after the first negotiated rulemaking session dealing with the changes made to campus safety requirements by the Violence Against Women Act (VAWA), President Obama announced the formation of a White House Task Force to Protect Students from Sexual Assault. NAICU has joined the American Council on Education and several other higher education associations in submitting written comments to the Task Force, which is scheduled to release its final recommendations in mid- to late-April.

The Department of Education is reminding institutions that the 2010 program integrity regulations require states to have student complaint processes covering all institutions. Issuance of this letter signals that the Department is preparing to enforce this portion of the regulation.

Financial responsibility scores for private (nonprofit and for-profit) institutions released by the Department of Education.

House and Senate Budget Committee Chairmen Rep. Paul Ryan (R-WI) and Sen. Patty Murray (D-WA) have released reports outlining their approaches to this year’s budget process.

The Program Integrity and Improvement Negotiated Rulemaking Committee has convened. The first session of this round of negotiations provided an overview of the half-dozen diverse issues for which additional regulations are to be developed. These include state authorization for distance education programs and for the foreign locations of U.S. institutions, PLUS loan eligibility, debit card restrictions, the clock to credit hour conversion formula, and aid for repeated course work.

NAICU worked with the American Council on Education to submit comments to the IRS on the question of whether proposed limitations on the political activity of 501 (c)(4) nonprofit organizations should also be applied to 501 (c)(3) organizations, such as private nonprofit colleges and universities. The comments focused on the role colleges and universities play in civic education, democratic participation and political discourse, and how that role could be stifled if the proposed regulations were applied to 501 (c)(3) organizations.

The Student Achievement Measure (SAM), launched last year, continues to accept college and university registrations. To date, the initiative, which is working to identify more comprehensive ways to measure student progress and completion, has more than 400 colleges and universities participating and recently announced the support of several higher education organizations.

The Obama Administration is continuing its efforts to develop a college ratings system, including providing two recent public opportunities to garner feedback from colleges and universities, and others within higher education. Recent activities have focused on the metric or metrics that might be used in such a system and how the components of any rating might be weighted. NAICU was among the 125 organizations and individuals that submitted comments to the Department of Education. In its comments, NAICU suggested that a single rating metric would be harmful to U.S. higher education and that consumers would be better served by having a sufficient range of both quantitative and qualitative information to allow them to find their “best-fit” institution.

Earlier this month, the IRS provided guidance for colleges and universities on defining the workload for adjunct faculty and student employees for purposes of health insurance coverage under the Affordable Care Act (ACA). While the information will help colleges account for workload hours, it is less clear that the guidance will answer all questions on when adjuncts are required to have health insurance under the ACA. The IRS rules clarify ways to tally hours on tasks such as lecture preparation, teaching, grading assignments, as well as office hours. They also indicate that other acceptable accounting methods may be developed by institutions, and that additional guidance may be announced in the future.

The Task Force on Government Regulation of Higher Education kicked off its work at a February 12 meeting held at the American Council on Education (ACE) headquarters in Washington, DC. The group, which includes six NAICU members, is charged with: (1) making specific recommendations regarding ways in which requirements administered by the Department of Education might be streamlined or eliminated; (2) quantifying the impact of all federal regulatory requirements impacting colleges; and (3) recommending ways in which the costs and benefits of future regulatory activity can be accurately assessed.

The National Labor Relations Board (NLRB) has issued a notice and invitation for briefs to respond to a series of questions relating to unionization of college faculty. The specific case before the board involves an effort to unionize non-tenure track faculty at Pacific Lutheran University.

On January 30, the Department of Justice (DOJ) issued a Notice of Proposed Rulemaking to amend its Americans with Disabilities Act (ADA) regulations to incorporate the statutory changes in the ADA Amendments Act of 2008. The DOJ is proposing to add new sections to its Title II and Title III ADA regulations to provide more detailed definitions of “disability” and to make consistent changes in other sections of the regulations. Institutions have until March 31, 2014, to submit comments.

The Higher Education Associations Sustainability Consortium (HEASC), of which NAICU is a member, is hosting a webinar, DOE + Campus Microgrids, on February 19, 2014, from 2:00 p.m. - 3:30 p.m. Eastern, in conjunction with the Department of Energy. HEASC is an informal network of higher education associations committed to advancing sustainability within their membership and within the higher education system overall.

More than 400 private, nonprofit college and university leaders gathered in Washington, DC, for the 2014 NAICU Annual Meeting and Advocacy Day. Find out more about the speakers, sessions, and annual award winners.

See what participants at the 2014 NAICU Annual Meeting were Tweeting … the big issues, the key statistics, the news you can use, and photos from Advocacy Day and more.

With strong bipartisan support, Congress sent a $1.1 trillion omnibus spending package to the president for signature on Thursday, January 16. The measure restores sequestration cuts for all student aid programs, and funds Pell Grants for its scheduled increase to $5,730. The president has pledged to sign the bill.

The White House Summit on College Opportunity created buzz at the highest levels in Washington and beyond January 16, as more than 140 college presidents, philanthropists and business leaders were asked to an exclusive White House conversation featuring the President and First Lady.  The focus of the meeting was how to increase college attainment among low-income students, while acquiring and promoting commitments for new programmatic efforts from colleges and others groups.

The first of three scheduled negotiated rulemaking sessions dealing with the changes made to the Clery Act campus safety requirements by the Violence Against Women Act (VAWA) was held on January 13-14. Negotiators expressed a strong interest in bringing clarity and consistency to regulations governing campus safety issues.

Consumer Financial Protection Bureau steps up its role in overseeing student loans.

After additional negotiations, representatives of consumer advocate groups and for-profit schools were unable to reach agreement on gainful employment regulations.

Having already passed the U.S. House, the Bipartisan Budget Act of 2013 is set to be taken up and approved by the Senate. The deal restores some of the sequestration cuts from last year, and avoids government shutdown politics in early January. .

Department of Education provided guidance in a Dear Colleague Letter on how the Supreme Court’s recent ruling in United States v. Windsor overturning the Defense of Marriage Act (DOMA) will be considered in determining federal student financial aid.

After more than 20 years, the U.S. Agency for International Development announced it is ending its contractual funding arrangement for HED by September 30, 2015.

Both supporters and opponents of the new health care law continue to press for colleges and universities to weigh in on the Affordable Care Act. Previously, the White House and Department of Health and Human Services asked for help from the higher education community on enrolling students in the state exchanges. Now, the House Education and Workforce Committee is seeking its own feedback from colleges and universities on the impacts of the new law.

Accreditation was the focus of two important committees in December. In the Senate, the HELP Committee held a hearing on accreditation while, simultaneously, the National Advisory Committee on Institutional Quality and Integrity was hearing testimony about an institution’s accreditation being withdrawn.

A Department of Education rulemaking panel convened to consider new proposals regarding eligibility of college-based career-training programs to participate in the federal student aid programs was unable to reach consensus last week. A further session is likely in December.

Student aid related topics will be the focus of an  Program Improvement and Integrity negotiated rulemaking committee planned for February 2014, according to an Education Deparmtent notice in the Federal Register on November 20.

A Congressional conference committee on the FY 2014 federal budget has made little movement forward on setting the top line spending amount, replacing the sequester, or deciding what role entitlement changes will play in a final agreement, despite conducting two public meetings since its creation in the October 17 deal to reopen the government.

NAICU members continue to offer the Obama Administration feedback on the President's call to make higher education more affordable for the middle class through a number of initiatives including a new national rating system for colleges and universities.

On October 30, Reps. Diane Black (R-TN) and Danny Davis (D-IL) introduced the Student and Family Tax Simplification Act which would make the American Opportunity Tax Credit (AOTC) permanent (it is currently set to expire at the end of 2017), but also eliminate the Hope and Lifetime Learning credits and the tuition deduction without allowing a benefit beyond the first four years of college. While any significant movement on tax reform measures is unlikely this year, NAICU continues to advocate for modifications that would prevent any current students or families from losing their tax benefits.

On September 20, NAICU provided a summary and preliminary guidance for institutions who have received penalty notices from the IRS for failing to provide adequate student tax identifiers like Taxpayer Identification Numbers or Social Security Numbers. We want to clarify that the regulations implementing the higher education tax credits do contain language requiring this information to be furnished by the student or family to the institution. In our alert, we inadvertently said that students cannot be required to provide the information.

The Department of Education has announced its plans to establish a negotiated rulemaking committee to develop regulations dealing with the changes made by the Violence Against Women Reauthorization Act (VAWA) to the campus safety and security reporting requirements of the Higher Education Act.

While the government shut down has not resulted in much disruption on college campuses – yet, the looming debt crisis could have a serious impact on funds for student loans. A majority of Pell Grant and student loan funds were drawn down by institutions in August and September, and the Department of Education deemed the student aid programs as essential in its contingency plan.

NAICU joined ACE, NACUBO, and several other higher education associations in submitting comments about proposed revisions in the Memorandum of Understanding (MOU) governing the Department of Defense’s Tuition Assistance (TA) program that called for an alternate approach consistent with the Title IV requirement, while being simpler both for servicemembers to understand and for institutions to implement.