Higher Education Act

The Higher Education Act (HEA) is a federal law that governs the administration of federal higher education programs. Its purpose is to strengthen the educational resources of our colleges and universities and to provide financial assistance for students in postsecondary and higher education.

First passed in 1965 to ensure that every individual has access to higher education, regardless of income or zip code, the HEA governs student-aid programs, federal aid to colleges, and oversight of teacher preparation programs. It is generally scheduled for reauthorization by Congress every five years to encourage growth and change.

The HEA has been reauthorized in 1968, 1972, 1976, 1980, 1986, 1992, 1998, and 2008. Current authorization for the programs in the Higher Education Act expired at the end of 2013, but has been extended while Congress prepares changes and amendments.
Capitol

Latest Actions

Efforts to update the Higher Education Act stalled as the COVID-19 pandemic put Congressional discussions on hold. Prior to the outbreak, lawmakers were reportedly close to reaching a deal after years of failure. However, there is hope that negotiations will eventually resume in the 117th Congress.

HEA in the 116th Congress

  • Senate Action

    U.S. Senate Health, Education, Labor and Pensions (HELP) Committee Chairman Lamar Alexander (R-TN) in September 2019 introduced a piecemeal approach to update the Higher Education Act in the 116th Congress (2019-2020). The Student Aid Improvement Act, S. 2557, included eight bipartisan bills to streamline the Federal Application for Student Aid (FAFSA), simplify financial aid award letters, expand Pell Grant eligibility for students in prisons and allow Pell to be used for short-term programs, among other changes. The proposal followed months of stalled efforts to reach a bipartisan deal for a comprehensive HEA reauthorization.

    SENATE PRESS RELEASE   BILL TEXT

  • House Action

    Democrats on the U.S. House Education and Labor Committee in October 2019 unveiled a sweeping overhaul of the federal higher education law, aiming to cut the cost of college and increase access to college for low-income and minority students. The College Affordability Act included provisions that would:

    • Include the Reverse Transfer Efficiency Act, which AACRAO strongly supports and has advocated for over the past several years
    • Create a national tuition-free community college through a federal-state partnership model where the federal government contributes a per student amount at least 75 percent of the average resident tuition for public community colleges and states contribute 25 percent
    • Increase the maximum Pell Grant award by $500 and permanently index the award to inflation
    • Simplify FAFSA, including an automatic zero EFC for recipients of means-tested benefits
    • Create the Federal Direct Perkins Loan Program to provide an additional source of borrowing for undergraduates and graduates
    • Allow Deferred Action for Childhood Arrivals (DACA) and certain other undocumented students access to federal student aid
    • Repeal the federal "student unit record" ban and require the Education Department to develop a system that uses student-level data to evaluate postsecondary outcomes
    • Change the 90/10 rule ratio (the percentage cap of Title IV aid an institution may receive) to 85/15 and expand it to include all educational programs
    • Require the Education Department to establish a Borrower Defense to Repayment process to discharge the federal loans of students who were defrauded by their colleges
    • Require the Education Department to establish a compliance standard that includes a debt-to-earnings threshold for training programs that are statutorily required to lead to gainful employment
    • Prohibit the Education Department from issuing or enforcing the proposed Title IX rules that the Trump administration published in November 2018, among other things.
     

    The College Affordability Act shared some key provisions with the Senate's package of bipartisan bills. Both proposals aimed to streamline FAFSA, simplify financial aid award letters, and expand Pell eligibility for incarcerated students and short-term programs—although the House bill excluded for-profit colleges.

    However, the House measure did not gain any traction in the 116th Congress's Republican-controlled Senate.

    HOUSE PRESS RELEASE BILL TEXT OVERVIEW OF COLLEGE AFFORDABILITY ACT

     

UPDATES

DeVos to Move Forward with Title IX Overhaul

Nov 26, 2019, 16:34 PM
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Summary : The Trump administration is expected to move forward with controversial plans to rewrite rules governing campus sexual harassment and assault allegations.
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The U.S. Education Department will move forward with its controversial plan to overhaul rules governing Title IX enforcement, The Washington Post reported. Education Secretary Betsy DeVos aims to publish the final regulations this year, but the timing remains uncertain, as the rules are currently under review at the White House Office of Management and Budget.

The rules would replace the Obama administration's Title IX guidance, which had called for more aggressive enforcement of the 1972 law prohibiting sex discrimination in educational programs that receive federal funding. Late last year, Secretary DeVos issued a draft proposal to rewrite the regulations, reducing the liability of colleges and universities investigating sexual misconduct claims and bolstering protections for accused students.

The plan came under intense scrutiny from women's rights groups, campus leaders, and Democrats and prompted over 120,000 public comments. AACRAO chimed in and joined the broader higher education community to express concerns regarding the proposed rules.

The final rule is expected to retain a contentious provision requiring institutions to allow cross-examination of those alleging sexual harassment or assault. However, the updated regulation is expected to modify another proposal in response to critics, individuals familiar with the matter told the Post. Last year's draft rule included language that held universities responsible for investigating incidents only if they occur within the school's programs or activities. Many interpreted that to exclude activity in off-campus apartments or or fraternity houses. The final version is expected to clarify that the rules cover a broad range of incidents. 

Advocates for sexual assault survivors have already signaled that they intend to challenge the regulation in court, according to the Post. Separately, the rules could be undone or modified through legislation. Senators Lamar Alexander (R-TN) and Patty Murray (D-WA), chair and ranking member of the chamber's education committee, respectively, have been negotiating sexual assault rules for months as part of a broader effort to reauthorize the Higher Education Act. Sen. Alexander has offered concessions that would limit the use of cross-examination, but the changes have not been enough to bring Sen. Murray on board, Senate aides said.

Related Link

The Washington Post

https://www.washingtonpost.com/local/education/betsy-devos-poised-to-issue-sweeping-rules-governing-campus-sexual-assault/2019/11/25/f9c21656-0f90-11ea-b0fc-62cc38411ebb_story.html

 
Michelle Mott
Categories :
  • Advocacy
  • Compliance and Reporting
  • Crime Reporting and Disclosure
  • Gender
  • Higher Education Act
Tags :
  • Discrimination
  • education department
  • Federal Regulations
  • Federal relations
  • sexual assault
  • sexual misconduct
  • sexual violence
  • title ix
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