Comments from the American Council on Education (ACE) and five other higher education associations to the U.S. Department of Education on proposed changes to the Integrated Postsecondary Education Data System (IPEDS). The letter expresses concern “regarding the proposal to expand the collection of data on ‘applicants, admits, and enrolled counts’ of students at non-open admissions institutions and require these data be disaggregated by race/ethnicity,” particularly in light of changes in the admissions landscape after SFFA v. Harvard and SFFA v. UNC. The letter encourages the Department to retain the Academic Libraries survey in the IPEDS framework, and to minimize the reporting burden on institutions in light of the large number of new regulations institutions will now need to implement.
Topics:
Accreditation, Authorizations, & Higher Education Act
Summary from the National Association of College & University Business Officers on legislative and regulatory actions that occurred from April 23-29, 2024. This summary highlights an announcement from the IRS of assistance to help institutions use its pre-filing registration too, which can be used to for direct pay and transfer credits elections related to energy efficiency tax credits provided through the Inflation Reduction Act; the FCC’s decision to reinstate net neutrality rules; the departure of the chief operating officer at the Department of Education’s Office of Federal Student Aid (FSA); the announcement from the National Association of Student Financial Aid Administrators (NASFAA) that its President and CEO will depart in June; NACUBO’s advocacy with other higher education association with the Department of Education regarding the upcoming new financial value transparency (FVT) and gainful employment (GE) reporting requirements; and NACUBO’s request for institutions to share information regarding letters the Department of Education is sending to nonprofit institutions about their composite scores for FY20 and FY21, which in some cases are being adjusted downward.
Topics:
Accreditation, Authorizations, & Higher Education Act
Summary from the National Association of College & University Business Officers on legislative and regulatory actions that occurred from April 16-22, 2024. This summary highlights the U.S. Department of Education’s NPRM on student loan forgiveness for targeted groups of borrowers; the Federal Communication Commission’s (FCC) expected vote to restore net neutrality rules; an updated report from the Knight Foundation on the diversity of managers at the public and private universities with the largest endowments that did not reach any conclusions due to low response rates to the Foundation’s surveys; and the Charitable Giving Coalition’s new one-pager in support of the Charitable Act.
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Accreditation, Authorizations, & Higher Education Act
Comment Letter from the American Council on Education and 29 other higher education associations to the U.S. Department of Education on Financial Value Transparency (FVT) and Gainful Employment (GE) Reporting Requirements. The letter requests that the Department delay the current October 1st reporting deadline to a later date commensurate with the ongoing delays associated with the FAFSA. It notes the Department’s estimate that the reporting burden for the first year of the reporting will be 5,078,260 hours for the approximately 4,518 institutions regulated. It also notes that delays in the Department’s guidance on the FVT/GE reporting requirements and delays related to the FAFSA process have impacted institutions’ ability to prepare their FVT/GE data.
Topics:
Accreditation, Authorizations, & Higher Education Act | Financial Aid, Scholarships, & Student Loans | Higher Education Act (HEA) | Students
Summary from the National Association of College & University Business Officers on legislative and regulatory actions that occurred from April 9-15, 2024. This summary highlights the Biden Administration’s recently announced plans to provide financial relief to student loan borrowers by eliminating accrued interest, cancelling student debt for some borrowers, and providing at least $5,000 in debt relief to others; the U.S. Department of Education’s recently released data showing that, as of March 29, FAFSA completions among high school seniors were down 40% and that only 27% of the class of 2024 has completed a FAFSA; the finalization of Uniform Grants Guidance by the Office of Management and Budget; the nationwide injunction recently issued by the Fifth Circuit against the Biden Administration’s 2022 borrower defense rule; the elimination by the Financial Accounting Standards Board of reference to Concept Statements in its Accounting Standards Codification; and the National Association of Intercollegiate Athletics (NAIA) recently issued policy permitting only athletes whose “biological sex is female” and who have not “begun masculinizing hormone therapy” to participate fully in NAIA-sponsored female sports.
Topics:
Accreditation, Authorizations, & Higher Education Act
U.S. Department of Education Dear Colleague Letter (DCL) on Implementation of Program Length Restrictions for Gainful Employment (GE) Programs. The DCL highlights a recent regulatory change ending the “150 percent rule” and limiting “the number of hours in a GE program to the greater of the minimum number of clock hours, credit hours, or the equivalent required for training in a recognized occupation for which the program prepares the student, as established by the state in which the institution is located or, in some cases, another state.” Some GE programs will also no longer qualify for Federal Pell Grant program eligibility. The DCL provides guidance on the implementation of these new limitations.
Topics:
Accreditation, Authorizations, & Higher Education Act | Higher Education Act (HEA)
U.S. Department of Education Notice of Proposed Rulemaking (NPRM) on Student Debt Relief. The NPRM, “in accordance with the Secretary’s authority to waive repayment of a loan provided by the HEA,” proposes “to provide debt relief targeted to address certain specific circumstances as part of a comprehensive effort to address the burden of Federal student loan debt.” Those circumstances include “growth in a borrower’s loan balance beyond what was owed upon entering repayment, the amount of time since the loan first entered repayment, whether the borrower meets certain criteria for loan forgiveness or discharge under existing authority, and whether a loan was obtained to attend an institution or program that was subject to secretarial actions, that closed prior to secretarial actions, or was associated with closed Gainful Employment programs with high debt-to-earning rates or low medium earnings.” Comments are due on or before May 17, 2024.
Topics:
Accreditation, Authorizations, & Higher Education Act | Financial Aid, Scholarships, & Student Loans | Higher Education Act (HEA) | Students
U.S. Department of Education Electronic Announcement (GE-24-02) on Guidance Resources regarding the Financial Value Transparency and Gainful Employment (FVT/GE) Final Regulations. The Electronic Announcement highlights a new Financial Value Transparency and Gainful Employment Information Topics page, which will serve as a “repository for regulations, policy guidance, publications, and operational information” related to the new regulations. The Electronic Announcement also notes a new Frequently Asked Questions page organized in categories for General, Debt to Earnings Rates, Earnings Premium, Warnings, Disclosures and Acknowledgements, and Reporting.
Topics:
Accreditation, Authorizations, & Higher Education Act | Financial Aid, Scholarships, & Student Loans | Higher Education Act (HEA) | Students
Summary from the National Association of College & University Business Officers on legislative and regulatory actions that occurred from March 26-April 8, 2024. This summary highlights the completion of the FY 24 appropriations process for the federal government, including funding for the U.S. Department of Education; ED’s announcement of additional issues with the FAFSA implementation process; ED’s postponement from July 31 to October 1 of the reporting deadline under the new Financial Value Transparency and Gainful Employment regulations; ED’s reporting on how the Higher Education Emergency Relief Fund (HEERF) funds supported student retention during the COVID-19 pandemic; NACUBO’s feedback to ED with 15 other higher education associations regarding processing of Institutional Student Information Records (ISIRs) and updates to the Student Aid Internet Gateway (SAIG) mailboxes with the new FAFSA implementation process; NACUBO’s letter to ED seeking clarification on new Financial Responsibility Regulations, including new disclosure requirements for related party transactions; and NACUBO’s discussions of federal affairs and their recent advocacy.
Topics:
Accreditation, Authorizations, & Higher Education Act
Opinion reversing denial of preliminary injunction and remanding with instructions to enjoin and postpone the effective date of the challenged regulations. Plaintiffs, the Career Colleges and Schools of Texas (CCST), sued the Department of Education to challenge the borrower-defense and closed-school discharge provisions of the November 1, 2022, Final Regulations on Institutional Eligibility Under the Higher Education Act of 1965 asserting that the regulations are inconsistent with the Higher Education Act and unlawful under the Administrative Procedure Act. The district court denied a preliminary injunction, finding CCST had not shown irreparable harm. In reversing and remanding with instructions to enjoin and postpone the effective date of the provisions pending final judgment, the Fifth Circuit found CCST’s assertions of compelled compliance and compliance costs, altered business operations and missed opportunities, and imminent threats of costly and unlawful adjudications sufficient to show a substantial threat of irreparable harm. It also found “a strong likelihood that the plaintiffs will succeed on the merits in demonstrating the Rule’s numerous statutory and regulatory shortcomings.”
Topics:
Accreditation, Authorizations, & Higher Education Act | Financial Aid, Scholarships, & Student Loans | Higher Education Act (HEA) | Students