Washington Update

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  • September 22
  • September 15
    • Introduction by Barbara K. Mistick

      Dear Colleagues,

      Both chambers of Congress were back in session this week, and everyone is back to school. This confluence of events is traditionally marked in Washington by the annual gathering of the entire education community (preschool through postsecondary education) at the annual Committee for Education Funding gala, which NAICU regularly sponsors. It was a lively event, honoring Senators Shelley Moore Capito (R-WV) and John Tester (D-MT) and Representatives Alma Adams (D-NC) and Jared Huffman (D-CA). NAICU was delighted to host several key congressional staff members at our table.

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    • NAICU Ramps Up Student Aid Advocacy

      This summer, the House proposed to eliminate funding for Federal Work-Study (FWS) and Supplemental Educational Opportunity Grants (SEOG) while protecting the Pell Grant maximum and the Senate proposed cutting FWS and SEOG each by $10 million while providing a $250 increase to the Pell Grant maximum.  

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  • September 8
    • Introduction by Barbara K. Mistick

      Dear Colleague,

      I hope you and your campus community celebrated a happy and safe Labor Day weekend. While the holiday marks the unofficial end of summer, it’s 100 degrees in Washington, DC and elsewhere. The Senate was back in session this week, but the House won’t return until next week. That said, there was still plenty of activity in the nation’s capital to mark the weekly return of Washington Update.

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    • White House Releases Long-Awaited Proposed Rule on Overtime Pay

      The Department of Labor’s (DOL) Wage and Hour Division announced its proposal to amend the Fair Labor Standards Act (FLSA), including the regulations governing the “white collar” exemption for executive, administrative, and professional employees.  While there are several important implications for higher education institutions, the key aspect of the proposal is an increase to the overtime pay threshold from the current amount of $35,568 to $55,068.  

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    • VA Risk-Based Surveys on the Rise

      More than 600 degree-granting institutions (public, private, nonprofit, and for-profit) have been targeted for risk-based surveys from the Department of Veterans Affairs (VA) as part of the  roughly 1,300 postsecondary institutions that have been reviewed over the last fiscal year. Of particular concern is that the proliferation of surveys seems to be triggered by the old definition used to calculate the 85/15 ratio, which is inapplicable since Congress passed a law to set a 35% waiver last year.  The House Committee on Veterans Affairs is expected to hold a hearing later in September to delve into the agency’s rationale for triggering so many surveys. 

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    • Guidance on Race and School Programming Released

      The Department of Education released new guidance reminding schools, including colleges and universities, of their legal obligations under Title VI of the Civil Rights Act regarding race, color, and national origin discrimination. The guidance, which specifically addresses school programing involving race, appears to be designed to address legal questions that have emerged amidst political battles over diversity, equity, and inclusion (DEI) initiatives, particularly in the aftermath of the Supreme Court’s affirmative action ruling.  

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    • Administration Finds that Ashford University Defrauded Students

      The Department of Education has forgiven $72 million in student loans through borrower defense to repayment (BDR) discharges for over 2,300 students who attended Ashford University, now the University of Arizona Global Campus.  Defrauded students will be notified later this month that their BDR application has been approved and their student loan payments will be refunded without further action from them.

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  • August 18
  • August 4
    • Introduction by Barbara K. Mistick

      Dear Colleagues,

      While Congress has left Washington for its summer recess, there are still several key issues we’re tracking as your senators and representatives head back home to their states and districts. Key among them are the cuts to the Supplemental Educational Opportunity Grants (SEOG) and Federal Work-Study (FWS).

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    • Scope of Senate Appropriations Bill Becomes Clear

      As details of last week’s Senate appropriations bills are made public, the concerns lawmakers have regarding higher education are more evident.  The top news for colleges and universities is that the Senate bill proposes $10 million funding cuts to both the Supplemental Educational Opportunity Grant (SEOG) and Federal Work-Study (FWS) programs.  While the actual proposed funding cut is minimal the signal it sends to negotiators is damaging, especially when juxtaposed against the House proposal to eliminate both programs.  

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    • NAICU Joins College Pricing Transparency Initiative

      College affordability has never been more important — and a key component of affordability is helping students understand how much they’re going to pay up-front.  However, the Government Accounting Office recently published a critical analysis of student aid offers and legislation has been introduced in Congress to establish a single federal form to govern all student federal financial aid offers. 

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    • House Looks at Cost and Value in Higher Education

      The House Subcommittee on Higher Education and Workforce Development held a hearing last week to look into the cost and value of higher education, ostensibly focused on how a market-based approach to accountability may lower tuition prices, eliminate low-value degree programs, and reduce student debt.

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    • House Focuses on Employee Retention Tax Credit Backlog

      Due to widespread delays, confusion over eligibility, and fraudulent claims that have plagued the Employee Retention tax Credit (ERC) since it was enacted last year, the House Ways and Means Oversight Subcommittee held a hearing on employers’ experiences with the program. 

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  • July 28
  • July 21
  • July 14
    • Introduction by Barbara K. Mistick

      Dear Colleagues,

      This morning, the House Appropriations Subcommittee on Labor-Health and Human Services-Education is marking up its FY 2024 funding bill, which is expected to keep the Pell Grant maximum level at $7,395, but eliminate funding for Supplemental Educational Opportunity Grants and Federal-Work Study. 

      If enacted, these cuts would be devastating to low-income students who rely on the campus-based partnership with the federal government for additional grant aid and a job during the school year to help pay for college.

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    • Legacy Admissions Under Attack

      Legacy admissions are facing renewed attacks – including a new legal complaint – in the wake of the Supreme Court’s decision to strike down race-conscious admissions programs at Harvard University and the University of North Carolina. 

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  • July 7
    • Introduction by Barbara K. Mistick

      Dear Colleagues:

      The implications from the landmark Supreme Court decisions issued late last week on race-conscious admissions and the Biden Administration’s student loan forgiveness plan continue to dominate the policy conversations in higher education this week.
       
      While I discussed the decision on race-conscious admissions in last week’s Washington Update, the decision on student loans was announced just hours after our message arrived in your inboxes.  As you know, the court ruled that the Biden Administration’s plan to use provisions of the HEROES Act to forgive student loan debt overstepped the Education Secretary’s authority.

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    • SCOTUS Halts Biden Loan Forgiveness Plan, President Announces Plan B

      In a 6-3 decision, the Supreme Court ruled on June 30 that the President did not have the authority under the Higher Education Relief Opportunities for Students (HEROES) Act of 2003 to provide the widespread loan forgiveness he proposed last August. The Justices ruled that the proposal was of too large a scale to meet the provisions of law.
       

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    • Supreme Court Guts College Affirmative Action Programs

      In a 6-3 decision on June 29, the Supreme Court handed down its ruling in Students for Fair Admissions v. President and Fellows of Harvard College, holding that race-conscious admissions programs at both Harvard University and the University of North Carolina violated the equal protection clause of the Constitution.
       

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  • June 30
    • Introduction by Barbara K. Mistick

      Dear Colleagues,

      ​Like many of you, we have been watching the Supreme Court closely anticipating its decisions on race-conscious admissions and President Biden’s student debt forgiveness proposal. 

      Yesterday, in a 6-3 decision divided along ideological lines, the court ended affirmative action in college admissions, striking down the programs at Harvard University and the University of North Carolina. Although the ruling does not impose an outright ban on race-conscious admissions at colleges and universities, the constitutional test it establishes, particularly its focus on a lack of a meaningful end point, will effectively end such programs, while leaving the door open for institutions of higher education to consider an applicant’s lived experiences, including those referencing race.

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    • Congress Focuses on Skills over Degrees

      At a hearing before the House Committee on Education and Labor, lawmakers continued to question the importance of a college degree, focusing instead on urging employers to embrace skills-based hiring.

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    • House Republicans Introduce Proposal to Simplify Student Loan Repayments

      Republicans in the House introduced the Federal Assistance to Initiate Repayment (FAIR) Act that would restructure student loan repayment options for borrowers and put new requirements on steps the Department of Education must take prior to this fall’s resumption of student loan repayments, such as a series of borrower notifications.  

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  • June 23
  • June 16
    • Introduction by Barbara K. Mistick

      Dear Colleagues,

      This week, the Congressional Independent Colleges Caucus (CICC) hosted the first in-person NAICU panel discussion between our member presidents and Capitol Hill staff since the beginning of the pandemic. The session, “What COVID Taught Us: Lessons from College Presidents,” attracted over 40 congressional staff, many of whom work for members of the House Committee Education and the Workforce.

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    • House Appropriators Significantly Cut Spending

      House Appropriations Committee Chair Kay Granger (R-TX) released her plans for the FY 2024 spending bills, which include a $60 billion cut to the Labor-HHS-Education subcommittee.  This nearly 30% reduction, which takes spending back to FY 2022 levels, would represent the deepest cut to any subcommittee budget.

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    • Senate Republicans Introduce College Cost Package

      A package of bills aimed at tackling college costs and providing an alternative to President Biden’s student loan forgiveness proposals were introduced this week by a group of Senate Republicans, led by Senator Bill Cassidy (R-LA), ranking member of the Senate Committee on Health, Education, Labor and Pensions. The package is titled “Lowering Education Debt and Cost.”
       

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    • IRS Ends Tax Break for Certain College Sports Booster Groups

      In a memo from the Internal Revenue Service’s Office of Chief Counsel, the agency announced that it will no longer allow Name, Image and Likeness (NIL) collectives to be organized as charities.  While these collectives can continue to be organized for their intended purpose, donations to them will now be subject to taxation.  

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  • June 9
    • Introduction by Barbara K. Mistick

      Dear Colleagues:

      NAICU’s government relations team continues to review and analyze the hundreds of pages of new regulatory proposals from the Department of Education to assess its potential impact on higher education. To provide added input and additional clarification, we hosted a webinar earlier this week with Deputy Under Secretary Ben Miller and Deputy Under Secretary and Chief Economist Jordan Matsudaira to help us gain a better understanding of the Department’s expectations.

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  • June 2
  • May 25
  • May 19
    • Introduction by Barbara K. Mistick

      Dear Colleagues,

      Well, today is the day we have been expecting since the Department of Education’s negotiated rulemaking sessions began in the fall of 2021. Today, the Department officially released its massive new regulatory package in the Federal Register and is only providing a 30-day comment period. 

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    • Department Releases Massive New Regulatory Package

      The Department of Education released a massive set of proposed rules that will impact every program at every institution of higher education through consumer disclosures or by measuring program outcomes.  The proposed regulations address such topics as Gainful Employment (GE), consumer information on the financial value of programs, career services at institutions, financial aid information, teach out plans for colleges at risk of closure, financial responsibility standards, and ability to benefit among other subjects.  

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    • Cardona Faces Divisive Education Committee

      Secretary of Education Miguel Cardona made another appearance on Capitol Hill this week, testifying before the House Education and the Workforce Committee in support of the president’s FY 2024 budget request, and to answer oversight questions.

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    • Third-Party Servicer Guidance Formally Withdrawn

      In an announcement made last month in a post on the Department of Education’s Homeroom blog, Under Secretary of Education James Kvaal wrote that the agency was rescinding its guidance on third-party servicers.  Earlier this week, the Department made this move official by formally withdrawing its third-party servicer guidance through a Dear Colleague Letter (DCL).  

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  • May 12
    • Introduction by Barbara K. Mistick

      Dear Colleagues,

      Yesterday marked the official end to the Covid 19 pandemic national emergency. By NAICU’s unofficial count, this declaration came in the 165th week of the pandemic. It has been so satisfying to see how you have survived and persevered during Covid and continued your missions to serve your students and communities. While the emergency may be declared over, we know the impact will continue to be felt for some time. It has been your hard work, and that of your campus community, that has allowed us to persist through this unprecedented crisis.

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    • House Education Committee Votes to Repeal Student Loan Forgiveness

      The House Education and the Workforce Committee introduced legislation that would repeal the Biden Administration’s action to cancel up to $20,000 in individual student loan debt.  The measure would also immediately reinstate the repayment of student loans by borrowers, which has been paused since the onset of the pandemic, and which is currently set to restart September 1. The bill was approved on a party-line vote but is unlikely to pass the Democratically-controlled Senate or be signed by the president.

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    • House and Senate Bills Seek Permanent SNAP Expansion

      With the public health emergency ending this week, and the temporary expansion for college student SNAP eligibility ending in June, congressional champions introduced legislation to permanently address low-income student hunger with the Enhance Access to SNAP or “EATS” Act.  The bill simplifies eligibility for Supplemental Nutrition Assistance Program (SNAP) for low-income college students by eliminating the college student exemptions. 

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    • More Improvements Made to Public Service Loan Forgiveness Program

      The Department of Education announced improvements to the Public Service Loan Forgiveness Help Tool, which borrowers use to apply for the program. The improved tool is part of the Department’s extensive efforts to fix a public service loan forgiveness program that was so broken that most borrowers who performed their required ten years of service had their loan forgiveness applications denied. The improved tool should make it easier for borrowers to apply and qualify for loan forgiveness for public service.  

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    • Last Chance to Comment on Reporting of Foreign Gifts

      The Department of Education issued the final Information Collection Request (ICR) regarding the reporting of foreign gifts to institutions of higher education.  The deadline to submit comments on this issue, which covers Section 117 of the Higher Education Act, is June 5.  

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  • May 5
    • Introduction by Barbara K. Mistick

      Dear Colleagues:

      According to the Washington Post, President Biden and leaders in Congress are scheduled to be in Washington at the same time for just six days between now and June 1, the date when the Treasury says the United States could default on its debt. The president has invited the leaders of both the House and Senate to the White House next week to discuss the debt ceiling. 

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    • Spending Bills Scheduled for Mark Ups

      House Appropriations Chair Kay Granger (R-TX) notified the subcommittee chairs of the upcoming schedule for marking up the twelve FY 2024 spending bills later this spring. 

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    • New Bill Aims to Protect Family Famers and Small Business Owners Paying for College

      Under the new need analysis system, which is scheduled to go into effect on July 1, 2024, family farmers and small business owners will have to pay more to send their children to college because the assets in their farms and small businesses will now be considered available to help pay for college.

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    • HEERF Spending Deadline is June 30

      Colleges and universities that received Higher Education Emergency Relief Funds (HEERF) are required to have all remaining funds spent by June 30, 2023.  While a blanket extension for spending all remaining HEERF funds was provided by the Biden Administration last year, any unliquidated HEERF funds that have not been spent by June 30 will have to be returned to the Treasury by the institution.

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    • NAICU Renews Push for Expedited ERC Returns

      In a letter sent to IRS Commissioner Daniel Werfel, NAICU once again urged the agency to help expedite backlogged Employee Retention tax Credit (ERC) returns filed by many private, nonprofit colleges and universities.  After hearing from institutions reporting delays of up to a year or more, NAICU contacted the IRS to push for the consideration of these returns.

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  • April 28
    • Introduction by Barbara K. Mistick

      Dear Colleagues,

      I am writing to you this week from Atlanta where NAICU is holding its Spring Board and Committee meetings. As always, it is so rewarding and energizing to be with our members and to hear and participate in so many fulsome conversations about the issues impacting private, nonprofit higher education.

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    • College Scorecard Updated

      Seeking additional data transparency, the Department of Education announced updates to the College Scorecard, including adding new data on earnings and staff demographics, and graduate student information.  The scorecard includes data such as completion rates, student loan debt totals, income, and other programmatic information.

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    • Waivers Available for Confucius Institutes

      The National Defense Authorization Act of 2021 (NDAA) prohibits institutions of higher education with Confucius Institutes (CI) from receiving Department of Defense (DOD) funding unless they apply for a waiver.  This NDAA prohibition goes into effect on October 1, 2023, and institutions that are interested in applying for a waiver must do so by June 1, 2023. 

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    • Higher Education Modeling and Simulation Program Grants Available

      The Department of Education is accepting applications for $7.9 million in grant funding for the Modeling and Simulation Program, which is designed to “promote the study of modeling and simulation at institutions of higher education through collaboration with new and existing programs, and specifically to promote the use of technology through the creation of accurate models that can simulate processes or recreate real life.”  

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  • April 21
  • April 14
  • April 6
  • March 31
  • March 24
    • Introduction by Barbara K. Mistick

      Dear Colleagues;

      The slew of regulatory announcements impacting higher education continued this week in Washington. Front and center was the official announcement by the Department of Education that the FAFSA for the 2024-25 academic year would not be available until December (an exact date in December has not been determined). The roughly two-month delay is caused by extensive changes Congress made to the entire student aid application and delivery system, including a complete overhaul of the need analysis system that has been in place for 30 years.

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    • Next Year’s FAFSA Not Available Until December 2023

      The Department of Education announced that the Free Application for Federal Student Aid (FAFSA) for the 2024-25 academic year will not be available until this December, and that it has created a comprehensive roadmap for implementation of the new system between now and the end of the year.  In recent years, the FAFSA has been made available by October 1, giving institutions the time necessary to plan for and assist in recruiting low-income students.  

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    • Another Negotiated Rulemaking on the Horizon

      Beating its own target date of an April notification, the Department of Education announced plans to launch another negotiated rulemaking process that will subject more regulations of great importance to higher education to potential rewrites.  Among the issues of central importance to private, nonprofit institutions are accreditation, institutional eligibility, state authorization, third-party servicers, distance education and TRIO programs.  The regulatory notice also welcomed other topics the public felt should be considered.

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    • Proposed House Cuts Would Slash Pell Funding and Eliminate 80,000 Students from Eligibility

      When Republicans took control of the House in January, one of the deals Speaker Kevin McCarthy (R-CA) made to garner votes from rank-and-file members was to cut federal spending in the 2024 fiscal year to FY 2022 levels. In response to this agreement, which would essentially result in a 22% funding cut, Ranking Member of the Committee on Appropriations Rosa DeLauro (D-CT) asked all agency heads to determine what the impact would be on the programs their agency supports if spending reverted to FY 2022 levels.  

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    • $36 Million in Strengthening Institutions Program Grants Available

      The Department of Education announced the availability of more than $36 million in awards via a new round of Strengthening Institutions Program grants.  There will be about 80 awards given, with grants ranging from $400,000 to $550,000. 

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  • March 17
    • Introduction by Barbara K. Mistick

      Dear Colleagues:

      Thank you to those who have reached out to NAICU and who participated in our webinar last week regarding the Department of Education’s recent guidance that could hold college leaders and board members personally liable for financial losses related to student aid programs.  We know there is growing concern on campuses about the guidance since it does not exclude private, nonprofit college and university leaders. 
       

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    • Cost for President’s IDR Plan Higher than Expected

      The Congressional Budget Office (CBO) estimated that the new income-driven repayment (IDR) plan proposed by the Biden Administration would increase the costs of the student loan program by $230 billion. This is an increase from the Administration’s estimate of $138 billion. 

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    • Department to Use Secret Shoppers to Determine Institutional Compliance

      In part due to a recent report by the General Accountability Office indicating that the Department of Education should improve enforcement procedures regarding substantial misrepresentation by institutions, the agency announced that it will use secret shoppers to monitor the compliance of colleges and universities.  Specifically, these secret shoppers will be tasked with determining whether institutions are complying with the laws and regulations governing participation in the federal student aid programs.

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  • March 10
    • Introduction by Barbara K. Mistick

      One of the highlights of President Biden’s FY 2024 budget request, released yesterday, is the proposed $820 increase to the maximum Pell Grant award. This significant increase, $500 of which would come from discretionary funding and $320 from mandatory funding, reinforces the president’s commitment to doubling the maximum award by 2029.

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    • Biden Budget Requests $820 Pell Increase

      President Biden’s FY 2024 budget requests a 14% increase in appropriated funding for the Department of Education, to $90 billion, with familiar proposals in higher education targeted at college affordability. In keeping with the last two budgets, this year’s request for funding the federal student aid programs continues to be generous, using a combination of discretionary and mandatory funding. 

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  • March 3
  • February 24
  • February 17
    • Introduction by Barbara K. Mistick

      Dear Colleagues:

      In Washington this week, the House was not in session and the Senate finalized its committee organizational work (see story below).  Now that both chambers have named their committee leadership, it turns out some history was made. For the first time, the leaders of the House and Senate appropriations committees are all women: Sens. Patty Murray (D-WA) and Susan Collins (R-ME) and Reps. Kay Granger(R-TX), who highlighted this during our Advocacy Day reception last week, and Rosa DeLauro (D-CT).  Coupled with Shalanda Young, who heads up the Office of Management and Budget, women control all the purse strings in Washington.

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    • Education Department to Scrutinize Online Program Managers

      The Department of Education announced it will hold a series of virtual listening sessions seeking public comment on incentive compensation for recruitment services, including bundled services provided by online program management (OPM) companies. Separately, the Department also released new guidance to clarify that OPMs are third-party servicers and that institutions that have agreements with OPMs are therefore subject to reporting requirements that govern such servicers.

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    • Higher Education Priorities Taking Shape in New Congress

      The Senate Committee on Health, Education, Labor, and Pensions (HELP) held an executive session last week that revealed several hints about the committee’s higher education priorities in the coming Congress.
       
      Although Senator Bernie Sanders (I-VT) took the gavel as chair for the first time, he primarily focused on health care, K-12 education, and labor issues.

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    • Senate Committees Organized for 118th Congress

      The Senate finalized committee assignments and leaders recently, taking a bit longer than the House due to retirements and movement of senior members between committees.  Because there are only 100 senators, it is common for them to sit on multiple committees, unlike in the House. There are many senators on both sides of the aisle who sit on two or more of the committees with jurisdiction over issues of interest to higher education.

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  • February 10
    • Introduction by Barbara K. Mistick

      Dear Colleagues:

      Wow, what a week!  On Wednesday, we brought to a close one our most successful Annual Meeting & Advocacy Day conferences.  In terms of programming, registrations, attendance, sponsorships and participation in Advocacy Day meetings on Capitol Hill, this year’s meeting was a resounding success.
       

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    • Biden Again Highlights Pell in State of the Union

      While President Biden’s State of the Union address focused primarily on the economy, jobs and health care, for the second consecutive year he devoted time in his speech to call for increasing the Pell Grant award. The president attempted to appeal to the divided Congress for a bipartisan working relationship to accomplish joint goals for the American people. His mantra of “Let’s finish the job,” applied across all issue areas, including higher education.

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    • First Education Committee Hearing Shows Stark Differences in Priorities Between Parties

      Seeking to address what it labeled as an education crisis, the House Committee on Education and the Workforce held its first hearing of the 118th Congress and gave light to the planned committee priorities for the year ahead.
       
       

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    • NAICU Highlights Concerns with Accountability Proposal

      In January, the Department of Education published a request for information seeking public comments regarding how best to identify “low-financial-value” postsecondary programs.  In response, NAICU and 34 member associations of independent colleges, submitted comments to the Department regarding the Biden Administration’s plan to hold colleges and universities accountable for providing “financial value” to students.

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  • February 2
  • January 27
    • Introduction by Barbara K. Mistick

      Dear Colleagues:

      NAICU’s 2023 Annual Meeting & Advocacy is right around the corner.  It’s not too late to register and join over 400 of your colleagues in Washington to learn about and discuss the issues and opportunities ahead for private, nonprofit higher education. 
       

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    • Education Secretary Cardona Wants to “Raise the Bar”

      In a speech billed as his “vision for the direction the Department of Education for 2023,” Secretary Miguel Cardona gave signals as to how the Biden Administration might assess and attempt to quantify the value of higher education.  While the speech, delivered to national PTA members in Washington, DC, was focused primarily on K-12 education, Cardona called on policymakers to “raise the bar in education and lead the world” by summoning “a collective will to fight complacency and status quo in education with the same passion we used to fight COVID.”  
       

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    • NAICU Pushes IRS to Expedite Backlogged Employee-Retention Tax Credit Returns

      In a letter sent to Acting Commissioner of the IRS Douglas O’Donnell, NAICU urged the agency to expedite consideration of backlogged tax returns filed by many NAICU-member institutions that claimed the employee-retention tax credit (ERC).  Twenty-seven member associations joined NAICU in signing the letter and supporting this effort.

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  • January 20
    • Introduction by Barbara K. Mistick

      Dear Colleagues:

      In just over two weeks, we will be kicking off our 2023 Annual Meeting & Advocacy Day here in Washington, DC.  I’m pleased to report that we have over 400 (and counting) attendees registered for the meeting.
      Our program includes panels, speakers, and trainings to help college and university leaders talk with their elected officials and campus communities about the value, worth, and benefits that come with a college degree.  These will be important discussions as the Biden Administration has intensified its focus on college accountability.
       

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    • Debt Limit Sparks Budget Battles

      Treasury Secretary Janet Yellen told congressional leaders that the U.S. government would hit its borrowing limit on January 19, already setting off the budget battles that will be waged throughout this year. This debt ceiling is the equivalent of the government’s credit card limit and is procedurally separate from the annual budget and appropriations process.
       

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    • House Republicans Press Education Department on Free Speech

      In a clear sign that the political battle over free expression will continue in the new Congress, two House Republican committee chairs sent a letter to the Department of Education criticizing the agency’s actions on campus free speech and renewing a previous request for information regarding the Department’s efforts in this area. 

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    • GAO Finds More Oversight Needed for Colleges and Universities

      The Government Accountability Office (GAO) released a report shining a light on the Department of Education’s oversight of and enforcement procedures for colleges and universities that provide inaccurate or misleading information about its programs, costs, or graduate employment.  The report stated that “students who enroll in colleges based on false or inaccurate information,” referred to as substantial misrepresentation, “may find themselves unable to secure a job or pay back their educational loans, which can shift the financial burden to taxpayers.”
       

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  • January 13
  • January 6
  • December 16
  • December 9
    • Introduction by Barbara K. Mistick

      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.

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    • Bill Introduced to Revamp Financial Aid Award Letters

      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. 

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    • Democrats Seek Crackdown on Online Program Managers

      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. 

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  • December 2
    • Introduction by Barbara K. Mistick

      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.

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    • Veterans Affairs Launching New Enrollment Platform

      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. 

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    • Congress Continues Focus on Student Mental Health

      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.

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    • Guidance Makes Student Bankruptcy Easier

      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.

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  • November 18
    • Introduction by Barbara K. Mistick

      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.

      read full article
    • Courts Halt the Forgiveness of Federal Student Loans

      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. 

      read full article
    • Ruling Allows Department to Move Forward on Borrower Defense Claims

      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.

      read full article
    • Bill Would Expand Study Abroad Opportunities for College Students

      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. 

      read full article
  • November 11
    • Introduction by Barbara K. Mistick

      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.

      read full article
    • Final Rules Released by the Department of Education

      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.

      read full article
  • November 4
    • Introduction by Barbara K. Mistick

      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.

      read full article
    • Supreme Court Hears Affirmative Action Cases

      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. 

      read full article
  • October 28
    • Introduction by Barbara K. Mistick

      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.

      read full article
    • New Details Emerge Regarding Public Service Loan Forgiveness

      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. 

      read full article
  • October 21
  • October 14
    • Introduction by Barbara K. Mistick

      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 118th Congress.

      read full article
    • Private, Nonprofits Continue to Have the Lowest Cohort Default Rates

      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%.

      read full article
    • Biden Administration Previews Student Loan Debt Application

      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.

      read full article
    • New Resource Helps Colleges and Universities Following Disasters

      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.

      read full article
  • October 7
    • Introduction by Barbara K. Mistick

      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.
       

      read full article
    • CFPB Regulates Transcript Withholding Practices

      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. 

      read full article
    • Guidance on Pregnancy Discrimination Released

      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. 
       

      read full article
  • September 30
    • Introduction by Barbara K. Mistick

      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.

      read full article
    • Biden Loan Forgiveness Proposal Faces Legal Challenges

      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.
       

      read full article
    • Congress Expected to Avoid Shutdown

      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.
       

      read full article
    • FSA Data Show No Change in Number of Student Loan Recipients, Increase in Loan Balances

      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.
       

      read full article
    • Third Quarter HEERF Spending Reports Due October 10

      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.  

      read full article
    • National Educational Technology Plan

      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.

      read full article
  • September 23
    • Introduction by Barbara K. Mistick

      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. 

      read full article
    • Rep. Foxx Previews Higher Education Reform Plans

      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. 

      read full article
    • Student Loan Forgiveness Plan Spurs Markup in the House

      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.

      read full article
    • Student Loan Debate Continues

      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). 

      read full article
    • CBO Looking at Loan Forgiveness Costs

      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. 

      read full article
  • September 16
  • September 9
    • Introduction by Barbara K. Mistick

      Dear Colleagues,

      Like your students returning to campus, policy makers are back in Washington on Capitol Hill preparing for the final push of the 117th 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.

      read full article
    • More Details Emerge Regarding Student Loan Debt Forgiveness

      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. 

      read full article
    • Continuing Resolution Needed to Avoid Government Shutdown

      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. 

      read full article
  • September 2
    • Introduction by Barbara K. Mistick

      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.

      read full article
    • President Signs Bill Helping Student Veterans

      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. 
       

      read full article
    • Homeland Security Announces Final Rule on DACA

      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.  
       

      read full article
  • August 26
  • August 19
    • Introduction by Barbara K. Mistick

      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.

      read full article
    • GI Bill 85/15 Fix Passes Congress

      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. 

      read full article
    • Education Secretary Cardona Hosts Summit on College Excellence and Equity

      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.

      read full article
    • Grants Available to Help Institutions Support Students to Complete

      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.
       

      read full article
  • August 12
    • Introduction by Barbara K. Mistick

      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.

      read full article
    • Student Loan Debate Heating Up

      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.  

      read full article
  • August 5
  • July 29
  • July 22
    • Introduction by Barbara K. Mistick

      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.

      read full article
    • New Guidance on Changing Accreditors Released

      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.”

      read full article
    • Notice of Proposed Rulemaking Released by the Department

      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.

      read full article
    • FY 2023 Appropriations Outlook

      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. 

      read full article
    • Court Temporarily Halts Enforcement of LGBTQ Guidance

      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.

      read full article
  • July 15
    • Introduction by Barbara K. Mistick

      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.

      read full article
    • Senate Veterans Affairs Committee Considers Bill to Fix 85/15

      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. 

      read full article
    • Final HEERF Grants Awarded

      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. 

      read full article
  • July 8
    • Introduction by Barbara K. Mistick

      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.

      read full article
  • June 30
    • Introduction by Barbara K. Mistick

      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.

      read full article
    • House Committee Appears Set to Approve FY 2023 Student Aid Funding

      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. 

      read full article
  • June 24
  • June 17
  • June 10
    • Introduction by Barbara K. Mistick

      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 4th 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 50th 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. 

      read full article
    • House Sets FY23 Spending Limit at $1.6 Trillion

      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.

      read full article
    • Secretary Cardona Testifies in Senate on Budget

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

      read full article
    • NAICU Joins Amicus Brief in College Athletics Case

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

      read full article
  • June 3
    • Introduction by Barbara K. Mistick

      Dear Colleagues:

      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 50th Anniversary of the Pell Grant program on June 23, 2022.

      read full article
  • May 27
  • May 20
    • Introduction by Barbara K. Mistick

      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.

      read full article
    • Biden Administration Seeks Feedback on Disability Regulations

      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. 

      read full article
    • House Education Committee Advances Bills on Campus Supportive Services

      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.

      read full article
  • May 13
    • Introduction by Barbara K. Mistick

      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. 

      read full article
    • Grants Available to Help Native American and Low-Income Students

      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.
       

      read full article
  • May 6
  • April 29
    • Introduction by Barbara K. Mistick

      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

      read full article
    • VA Seeks to Answer Questions Regarding 85/15 Rule

      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.

      read full article
    • Sec. Cardona Makes the Case for FY 2023 Budget; Calls for Doubling Pell

      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.

      read full article
    • Second Chance Pell Expanded

      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.

      read full article
  • April 22
  • April 14
  • April 8
  • April 1
  • March 25
    • Introduction by Barbara K. Mistick

      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.

      read full article
    • On Most Issues Consensus Eludes Negotiated Rulemaking Committee

      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.  

      read full article
    • New Policy to Hold Owners of Colleges Accountable Announced

      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.

      read full article
    • VA Delays 85/15 Reporting

      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. 

      read full article
    • Grants Available for Foreign Language Instruction

      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.

      read full article
  • March 18
    • Introduction by Barbara K. Mistick

      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.

      read full article
    • House Committee Looking at New Veterans Legislation

      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. 

      read full article
    • Nonprofit Charitable Giving Focus of Senate Hearing

      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.

      read full article
    • Congress Seeks Answers on Threats to HBCUs

      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. 

      read full article
  • March 11
  • March 4
  • February 25
  • February 18
    • Introduction by Barbara K. Mistick

      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.

      read full article
    • Parties Maneuver to Avoid Government Shutdown

      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. 

      read full article
    • $415 Million to be Forgiven in Student Loans

      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. 

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  • February 11
    • Introduction by Barbara Mistick

      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.

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    • Congress Avoids Shutdown

      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. 

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    • Updated College Scorecard Restores National Comparison Data

      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. 

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  • February 4
    • Introduction by Barbara K. Mistick

      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.

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    • Final HEERF Funding Available

      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. 

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    • House Passes America COMPETES Act

      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.

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  • January 28
  • January 21
    • Introduction by Barbara Mistick

      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. 

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    • New and Expanded Uses for HEERF Funds Announced

      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.

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    • White House Announces a Series of New STEM Initiatives

      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.
       

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    • CFPB Investigates Private Student Loan Lending

      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. 

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  • January 14
    • Introduction by Barbara K. Mistick

      Dear Colleagues,

      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.

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    • Supreme Court Blocks Implementation of OSHA Vaccine Rule

      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. 

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    • Institutional Accountability Negotiated Rulemaking Committee Members Named

      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.

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    • State Department Proposes Increases in Visa Fees

      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. 

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  • January 7
  • December 18, 2013
  • November 26, 2013
  • October 7, 2013
  • September 20, 2013
    • Adrian President Docking Tells House Committee How Independent Colleges are Innovating

      Innovations at independent colleges were front and center as the House Committee on Education and the Workforce continued its busy hearing schedule on September 18, with a look at how partnerships among businesses and colleges are helping transform higher education. In the hearing, Adrian president Jeff Docking told the committee about its efforts to develop a unique business model that relies on strategic investments, measurable results, and accountability that has helped the college grow from less than 900 students in 2005 with an annual operating deficit of $1.3 million to an institution of more than 1,700 students and an operating budget that has more than doubled.

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    • Colleges Receiving IRS Penalty Notices in Random Compliance Check

      Institutions are receiving penalty notices and possible stiff fines for not properly reporting student Taxpayer Identification Numbers(TINs) or Social Security Numbers (SSNs) when submitting the IRS-required Form 1098-T. Form 1098-T is the Tuition Payments Statement that colleges and universities are required to issue for the purpose of determining a student’s eligibility for the American Opportunity and Lifetime Learning tax credits. However, via the IRS there are steps colleges can take to demonstrate that they have made a good-faith effort to collect the required information and possibly avoid the fines.

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    • Deadline Looms; Government Shutdown Possible

      Updated September 20, 2013, 1:00 p.m.

      As the clock ticks down to the beginning of Fiscal Year 2014 on October 1, Congress needs to pass a continuing resolution (CR) to keep the federal government temporarily funded, in the absence of finalized appropriations bills. On September 20, the House passed (230-189) a resolution that would provide continuing FY 2013 funding for the government until December 15, and include language to defund the Affordable Care Act. Action now moves to the Senate.

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    • Department of Education Aims to Update Gainful Employment Regulations

      In the latest round of changes, the Department proposes to take non-Title IV recipients out of the data collected on gainful employment programs and proposes to eliminate low loan repayment rates as an indicator of a failing program, although programs would still have to disclose their repayment rates. The Department is also proposing significant changes to the way it calculates annual and discretionary debt-to-earnings ratios used to judge the quality of gainful employment programs. Overall the changes increase substantially the number of programs covered by the gainful employment rules and likely the number of programs that will fail.

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    • Final SEC Municipal Advisor Rule Exempts College and University Board Members

      The Securities and Exchange Commission (SEC), in a recent announcement of its final rules establishing a permanent process for registering municipal advisors, exempts college and university board members acting in their official capacity from having to register as municipal advisors.

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    • Senate Kicks Off Formal Reauthorization Process

      Momentum is building towards the on-time renewal of the Higher Education Act, with the formal announcement of the hearing topics and procedures planned by the Senate Committee on Health, Education, Labor, and Pensions (HELP). Rather than setting a single deadline for receipt of all recommendations, the HELP Committee is asking that interested parties submit at any one time only those recommendations related to an announced hearing topic. Following closely on the heels the of the committee’s announcement of its general reauthorization plans, the first hearing was held on September 19, focused on the respective roles of the higher education “triad” of accreditors, states, and the federal Department of Education.

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    • St. Leo President Arthur Kirk Testifies at House Hearing on Veterans Education

      In a September 11 hearing focused on the work colleges are doing to help servicemembers and veterans succeed, Saint Leo University President Arthur Kirk highlighted the University’s 40-year history of providing student success initiatives designed to provide a proactive veteran-supported environment. A testament to their success is that the University awarded 311 associate degrees, 884 bachelors, and 290 graduate degrees to veterans in 2012.

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  • September 5, 2013
    • Constitution Day: September 17

      In 2005, Congress passed legislation mandating that educational institutions receiving federal funds (including federal student aid) are to hold an educational program on the U.S. Constitution on September 17 each year. This day commemorates the 1787 signing of the Constitution. The federal provision does not define "educational program." This means that colleges and universities have a great deal of latitude in exactly how they choose to recognize the day.

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    • Dept. Ed. Releases Additional Guidance on State Authorization Rules

      The Department of Education issued additional guidance on August 9 intended to clarify how institutions can document they are properly authorized by a state.  Institutions named in a state charter, statute, or constitution clearly meet the requirement, but other colleges face a bit more daunting challenge.

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    • Dept. of Defense Soliciting Public Comments on Revised Tuition Assistance MOU

      The Department of Defense is soliciting public comment on proposed revisions in the Memorandum of Understanding governing its Tuition Assistance (TA) programs.  The comment period is open until September 30.  All institutions participating in the Tuition Assistance program will be required to sign the revised MOU once it is in place.

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    • NAICU Co-sponsors Upcoming NACUA Compliance Symposium

      The National Association of College and University Attorneys (NACUA) will offer a Symposium & Continuing Legal Education Workshop:  Higher Education Compliance Programs and Obligations, to be held in Washington, D.C., November 6-8.  NAICU has joined several other higher education organizations in co-sponsoring the symposium.

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    • President Obama’s Higher Education Proposals Stir Much Debate

      Details are still sketchy, but President Obama’s college affordability plan, which he announced August 22, has triggered an ongoing discussion in the media.  Congressional reaction has been cautious on both sides of aisle.  Meanwhile, many NAICU members have issued public statements on the possible effects - both positive and negative - that they see in the President’s proposals.

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    • Reminder: SAM Project Registration Continues

      The Student Achievement Measure (SAM), the new project to measure student progress and completion launched by the six national higher education associations, continues to accept college and university registrations.  Participation in SAM is voluntary, and also requires joining and paying the membership fees for the National Student Clearinghouse.  Institutions electing to participate in SAM will post their own student achievement data on the SAM website after the 2012-13 academic year data become available.

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  • July 25, 2013
    • Concerns Continue about Plus Loan Eligibility

      The stricter enforcement of Parent PLUS loan eligibility requirements has most impacted institutions serving large numbers of low-income students.  The Department has not changed its criteria, though, despite calls for it to relax the requirements, but has said it will reconsider denials upon appeal, and has issued guidance about an expedited appeals process.  The topic, which drew testimony from many colleges at regional hearings this spring, could be considered in negotiated rulemaking sessions planned for this fall.

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    • Department Releases Financial Responsibility Scores

      The Department of Education's long-overdue financial responsibility scores for FY 2011 were released July 23, with the Department claiming that more than 150 private nonprofit and for-profit institutions had failed the test.  The scores are intended to measure the fiscal health of private colleges, but NAICU has cited problems with the process that can result in fiscally-stable institutions receiving a low score.

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    • House Committee Votes to Repeal State Authorization, Credit Hour, Gainful Employment Regs

      The House Committee on Education and the Workforce has approved legislation that would repeal the state authorization, credit hour definition, and gainful employment regulations.  Those regulations, issued in 2010, were targeted for repeal in the Supporting Academic Freedom through Regulatory Relief Act, which the committee approved on July 24.  NAICU and other higher education organizations recently filed a letter supporting the act.

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    • NAICU Submits HEA Recommendations to House Committee

      On July 24, NAICU submitted its recommendations on reauthorization of the Higher Education Act to the House Committee on Education and the Workforce.  The association's proposals address the six areas designated for input by the committee, plus a seventh subject, improving teacher preparation programs.  NAICU members have until August 2 to individually submit recommendations.

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    • Senate Approves Bill Changing Student Loan Interest Rates

      A bill that would change how student loan interest rates are set was approved by the Senate on July 24.  The bill would tie all student loan rates to the 10-year Treasury note rate plus an add-on, with specific rate caps.  Under that formula, interest on undergraduate loans for the upcoming school year would be 3.9 percent, a rollback from the 6.8 percent for subsidized loans that went into effect on July 1.  The bill is expected to be passed by the House, and signed into law by President Obama.

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    • Senate Approves Education Funding – with a Hint of Higher Ed Reform

      The Senate Appropriations Committee offered strong support for student aid programs through increased funding in its Labor-HHS-Education Appropriations bill approved July 11. It also advanced two major policy proposals aimed at college persistence and completion reform, and gave a hint of what may be addressed in the upcoming Higher Education Act reauthorization bill. Still, without a big budget deal, the appropriations process is likely headed for gridlock in September.

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  • July 3, 2013
    • Administration Releases Guides for Emergency Operations Plans

      Three new guides on emergency operations plans for schools, colleges, and houses of worship were released by the Obama administration on June 18. The guides incorporate lessons learned from the recent shootings in Newtown and Oak Creek, and the tornadoes in Oklahoma. They can be customized for each type of community, and applied to revising and updating existing plans, as well as creating new ones.

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    • Comprehensive Immigration Reform Passes Senate; Fate in House Uncertain

      Last week, the Senate approved a sweeping immigration reform measure that would expand the paths to citizenship for undocumented and legal immigrants, including undocumented students, and increase border security. The bill, S. 744, includes DREAM Act language that would extend benefits to undocumented students who attend college. House leaders have indicated they will not take up the Senate bill in its entirety, but will meet to discuss strategy in early July.

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    • Dept. Ed. Rejects Efforts to Reform Financial Responsibility Standards

      The efforts of private colleges and NAICU to reform the Department of Education’s Financial Responsibility Standards (FRS) have been rejected. The Department’s dismissal apparently means it will continue with its seriously flawed financial responsibility ratios test, which has created unnecessary burdens on financially sound colleges. In light of that, NAICU will include its FRS proposals with its preliminary recommendations on reauthorization of the Higher Education Act. NAICU members, who should have those preliminary recommendations by mid-July, are encouraged to also contact their congressional representatives about any FRS concerns.

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    • Dept. Ed. Sets Separate Neg-reg Committee on Gainful Employment

      After concluding its June 4 negotiated rulemaking hearing in Atlanta, the Department of Education announced it will form a separate negotiated rulemaking committee to establish standards for gainful employment programs.  The Department indicated it would not rule out establishing additional committees to consider other issues covered in recent hearings, as well as debit card and campus-based aid program issues addressed in hearings last year.

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    • Edgewood College President Testifies on GI Bill at Veterans’ Education Hearing

      On behalf of NAICU, Edgewood College President Dan Carey testified about his college’s successful veteran students programs at a June 20 House subcommittee hearing on the use and impact of GI Bill benefits. Representatives of other colleges and organizations highlighted their efforts, as well as the development of a veteran students’ performance database. The VA outlined its work in implementing the “principles of excellence,” and the new veterans’ information requirements enacted late last year.

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    • Extension Requests Again Available for State Authorization Regs

      With the July 1 effective date for state authorization regulations having arrived amidst continued confusion about what is required to meet them, the Department of Education has once again offered a one-year delay in implementation under certain circumstances. To qualify for the delay, an institution must demonstrate that an extension of time will allow it to come into compliance with the regulation by July 1, 2014. The extension process requires an institution to obtain an explanation from its state of “how an additional one-year extension will permit the state to modify its procedures to comply.”

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    • FEMA Launches New Private Sector Web Portal, Training, Strategic Involvement

      The Federal Emergency Management Agency (FEMA) recently launched an Academia & Resilience web portal which contains emergency management and homeland security tools and training, preparedness campaigns, and other resources targeted to the higher education community. FEMA also has developed programs to train students, faculty, and staff in emergency preparedness, and to allow members of the private sector to hold seats on its National Response Coordination Center, where strategic decisions are made during emergencies.

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    • NCTQ Attacks Quality of College Teacher Prep Programs

      A report highly critical of the quality of teacher education programs by the National Council on Teacher Quality, released June 18, immediately generated national media coverage. The data and methodology NCTQ used, which found 164 programs so lacking that they received a “Consumer Alert,” has been deemed unscientific and invalid by some experts. Further, the group used questionable tactics to obtain data from private colleges, relatively few of which participated in the review.

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    • Subsidized Student Loan Interest Rate Jumps to 6.8 Percent … For Now

      The interest rate for subsidized student loans doubled to 6.8 percent on July 1, after Congress failed to work out a deal that would keep the rate at 3.4 percent. However, Congress continues to work on proposals to lower rates on subsidized loans, with the Senate scheduled to vote on several rate proposals on July 10. While the proposals would lower rates on loans for upcoming students, interest rates likely would be tied to market rates in order to remain budget neutral, and that could mean higher rates in the future.

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  • May 3, 2013
    • House Subcommittee Explores the Future Focus of Federal Student Aid

      “Simplify…simplify…simplify federal financial aid” was the message delivered by Trinity University Washington President Patricia McGuire to members of the House Subcommittee on Higher Education and Workforce during a hearing today on the reauthorization of the Higher Education Act.

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    • IRS Publishes Final College and University Audit Report, Hearing Set for May 8

      The IRS has now published its final report on a compliance project that began in 2008 with questionnaires to 400 colleges and universities, leading to audits of 34. Findings included discrepancies on unrelated business income and reasonable compensation to campus executives, which has spurred the House Ways and Means Subcommittee on Oversight to schedule a May 8 hearing to review those findings.

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    • NAICU Weighs in on House Tax Reform Efforts

      As part of its tax reform efforts, the House Ways and Means Committee has designated 11 working groups to consider different aspects of the tax code. Those groups have solicited public comments on a variety of tax issues. In response, NAICU –both individually and jointly with other groups-- has submitted statements on several important areas, including continuation of tax-exempt bond funding; simplifying tax credits and deductions with an expanded and permanent credit; and maintaining a three-tiered systems of benefits for families that are saving for college, applying for college, or repaying student loans. NAICU has also advocated for keeping the charitable tax deduction and making the IRA charitable rollover permanent.

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    • New Department Neg-reg Hearings to Include Regs Rejected by Courts

      In a continuation and expansion of negotiated rulemaking proceedings that it started last May, the Department of Education has announced its intention to hold rulemaking sessions on a variety of regulatory topics related to program integrity. In addition to issues examined in 2012 hearings, the Department will review new subjects, including the gainful employment and state authorization regulations recently struck down in court. Several House members, including two key committee chairs, have urged the Department to abandon efforts to pursue regulations in those two areas.

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    • Six NAICU Members Among Finalists for Climate Leadership Awards

      Six NAICU members -- Carleton College, Chatham University, Goddard College, Hobart and William Smith Colleges, Middlebury College, and Oberlin College – were chosen as finalists for SecondNature’s 2013 Climate Leadership Awards. They were among the 20 cited as exemplifying the mission of the American College and University Presidents’ Climate Commitment to re-stabilize the earth’s climate through education, research, and community engagement.

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    • Washington Buzzing About Student Loans

      With less than 60 days left until the July 1 hike on interest rates for subsidized student loans, stakeholders and members of both political parties remain divided on how best to move forward. No congressional action can occur until the Congressional Budget Office completes its scoring of the President’s budget -- likely in mid-to-late May. That means Congress is unlikely to take action until June. Meantime, NAICU’s board recently met and gave staff guidance on how to engage in the upcoming debate on reforming the student loan program.

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  • April 15, 2013
    • An About-Face on Using Value-Added Scores for Evaluating Teachers?

      Both Bill Gates and nationally recognized education writer, Jay Mathews, have recently announced new positions on utilizing testing and value-added scores for assessing teachers. Will the new positions of those education leaders, combined with criticism of test-based evaluations from states across the country, lead to a broader, multi-pronged test for teacher performance? Could that, in turn, lead to a more nuanced approach in the Department of Education’s anticipated regulations on teacher preparation programs?

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    • Education Tax Benefits Examined at House Ways and Means Roundtable; Belmont University Among Participants

      The higher education tax benefits were discussed at a House Ways and Means Committee working group roundtable held April 9. Jason Rogers of Belmont University, one of the roundtable speakers, urged that the current three-tiered system of benefits be maintained, and that the American Opportunity Tax Credit be expanded and made permanent. In addition to the roundtable discussion, the House working group has held other meetings addressing higher education tax reform, including one with higher education community representatives, including NAICU.

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    • Postsecondary Distance Education Final Report Released With Recommended Terms for Reciprocity Agreements

      The Commission on the Regulation of Postsecondary Distance Education released its final report on April 11, bolstering efforts to develop interstate reciprocity agreements that would simplify the approval process for institutions offering distance education programs. The report includes recommended terms for reciprocity agreements, including provisions that an institution would require approval only from its home state.

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    • President’s Budget Proposes Market-Based Interest Rates on Student Loans

      President Obama’s FY 2014 budget proposal includes a new, market-based approach to setting student loan interest rates that is based primarily on the rates of 10-year Treasury bills. The plan, submitted to Congress on April 10, does not include a cap on how high those rates could be, and it eliminates the current cap for consolidated student loans. The President also proposes to limit tax deductions, including those for charitable contributions, but continues to fund the projected Pell increase and boosts spending on Federal Work Study. 

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  • March 28, 2013
    • Court Rejects Attempt to Resurrect Gainful Employment Rules; Decision Relies Partly on Student Unit Records Ban

      The Education Department’s efforts to revive the gainful employment (GE) regulations struck down last June were rejected in a U.S. District Court decision on March 19. The ruling, which was based partly upon the student unit records ban, denied the Department’s motion to modify the June 2012 decision that found several aspects of the GE regulations were unlawful. The decision does not impact the disclosure requirements currently in effect.

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    • Government Shutdown Averted; TA Benefits Reinstated

      Congress sent to the President a continuing resolution that heads off a government shutdown and funds all agencies through September 30. The bill also overrides decisions by the Army, Air Force, and Marine Corps to suspend the DOD Tuition Assistance programs, although there will be program cuts. While Pell Grants will be protected from sequestration cuts, other student aid programs will take a hit, with funding cut back to FY 2012 levels minus five percent.

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    • House and Senate Lay Out Budget Plans for FY 2014

      The most recent round of budgetary political football began on March 13, as both the House and Senate Budget Committees released their plans for the Fiscal Year 2014 budget.  The House vision includes significant modifications to the Pell Grant program, an end to in-school interest subsidy for undergraduate loans, and a change in how the government calculates the cost of student loans - for a potentially serious impact on future student aid programs. The kinder, gentler Senate plan is light on details, but “seeks to expand access to college for all Americans,” while retaining loan subsidies and Pell Grants. 

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    • House Committee Considers Wide Range of Student Loan Issues

      A recently well-attended hearing of the House Education and the Workforce Committee covered a wide range of student loan issues, from returning to variable-rate interest loans and expanding income-based repayment plans, to limiting the amounts certain students can borrow in an effort to reduce defaults. Add to that a lively discussion on the methodology for determining the cost of student loan subsidies, and there was something for just about everyone to debate.

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  • March 12, 2013
    • Cantor Remarks Bolster Measuring Colleges’ Success Via Graduates’ Earnings

      Efforts to link assessment of a college program’s value to the amount of money its graduates make gained momentum last month. House Majority Leader Eric Cantor (R-Va.), in an address to the American Enterprise Institute, lauded legislative efforts by Sens. Ron Wyden (D-Ore.) and Marco Rubio (R-Fla.) to collect and publish information about the average earnings of college graduates. Cantor’s endorsement adds a new sense of urgency to the legislation, suggesting it could move through Congress more quickly than expected -- perhaps as soon as this spring. NAICU members with concerns about the concept should express those concerns to their senators and representatives.

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    • Changes for Teacher Education Brewing in March and April

      After nearly a year of silence on assessment of teacher education programs by the federal government, rumors suggest that efforts to measure teacher education program quality by unproven yardsticks – such as the value-added testing systems of K-12 schools – may emerge on several fronts this spring. Colleges with teacher preparation programs will need to carefully track and quickly react to these initiatives, coming from both within and outside the administration, if they want to influence the movement. 

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    • Charitable Tax Incentives Discussed at House Hearing

      Although no specific tax legislation affecting charitable giving incentives is being planned, more than 40 witnesses representing a variety of non-profits - including NAICU - testified about tax incentives for charitable giving at the February 14 hearing of the House Ways and Means Committee. The hearing was the latest in a series that began last year to examine the possible impacts of any major tax reform.

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    • Colleges Must Rewrite Sexual Assault Policies And Procedures Under HEA Amendment

      Colleges must rewrite their sexual assault policies and procedures under provisions of the Violence Against Women Reauthorization Act of 2013, signed into law on March 7. That law, which amends the campus crime provisions of the Higher Education Act, also expands the information colleges must incorporate into their annual crime reports.

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    • Dept. Ed. Reminder: July 1 Is Final Deadline To Comply With State Authorization Regs

      The deadline for complying with state authorization regulations is July 1, 2013. The regulations require that a college or university be "established by name" as a postsecondary educational institution by a state. Each state must have a process to review and appropriately act upon any complaints about such an institution. Also, each institution must disclose to students and prospective students the procedures for filing complaints with an accreditor, a state approval or licensing agency, and any other appropriate state agency.

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    • Does the White House “College Scorecard" Need Fine Tuning?

      In February, the White House unveiled its new College Scorecard website, the administration’s effort to provide more targeted and streamlined one-stop consumer information to aid in choosing a college. Better college-choice information for students and parents is welcome. However, the College Scorecard has drawn some criticism and concern from NAICU members because of its overemphasis on narrow return-on-investment measures that ignore the role of these institutions in shaping leaders, building an informed citizenry, and fostering service to society.