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

Education Dept. Announces $39 Billion in Student Loan Forgiveness

Jul 20, 2023, 10:31 AM
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Summary : The action aims to address inaccuracies in payment counts for individuals in income-driven repayment plans. Over 804,000 student loan borrowers stand to benefit.
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The Biden administration recently announced plans to forgive the student loans of more than 800,000 borrowers, resulting in the elimination of $39 billion in debt, according to a U.S. Education Department press release. The action aims to address inaccuracies in payment counts for individuals in income-driven repayment plans, which allow for forgiveness after a certain number of monthly payments, typically 20 or 25 years, The Washington Post reported.

Education Secretary Miguel Cardona stated that this move is intended to rectify the past administrative failures that caused borrowers to fall through the cracks of a flawed system. 

"By fixing past administrative failures, we are ensuring everyone gets the forgiveness they deserve, just as we have done for public servants, students who were cheated by their colleges, and borrowers with permanent disabilities, including veterans," Cardona said in a statement. "This Administration will not stop fighting to level the playing field in higher education."

The announcement has drawn criticism from some Republicans, who argue that it goes too far, especially as it follows the Supreme Court's rejection earlier this month of a broader plan by the Biden administration to forgive over $400 billion in federal student loan debt. The previous plan aimed to erase up to $20,000 in loan debt for millions of borrowers within specific income limits. Critics of the initial proposal contended that it unfairly burdened taxpayers with other people's unpaid debt and sought to exploit legislative loopholes for sweeping changes that Congress might not approve, reported the Post.

Despite the setback, President Joe Biden pledged to find an alternative approach using the Higher Education Act to provide relief to borrowers. The need for such action became more urgent as pandemic-related loan payment suspensions are set to resume in the fall, according to the Post.

The plan, announced on Friday, relies on the education secretary's existing authority over loan repayment programs and aims to address concerns about loan servicers improperly placing borrowers into forbearance. Eligible borrowers will be notified of their qualification for forgiveness without any additional action required on their part.

While some critics argue that the administration is overreaching with this decision, others, including experts like Laura Perna—a professor in the Graduate School of Education at the University of Pennsylvania who studies college access and affordability—emphasize the importance of minimizing the long-term harm of student loan debt, considering the significant benefits of higher education to both individuals and society.

"We essentially have a system right now where, if you want to go to college, many students have to borrow. There's not a choice," Perna told the Post. If loans are required, there needs to be a system that minimizes the harm of that long-term debt, she added.

President Biden and Vice President Kamala Harris said Friday that they remain committed to providing relief for student loan borrowers, signaling the administration's ongoing efforts to address the student debt crisis.

Related Links

U.S. Education Department Press Release

https://www.ed.gov/news/press-releases/biden-harris-administration-provide-804000-borrowers-39-billion-automatic-loan-forgiveness-result-fixes-income-driven-repayment-plans

The Washington Post

https://www.washingtonpost.com/education/2023/07/14/biden-student-loan-forgiveness-income-driven/ 


Michelle Mott
Categories :
  • Advocacy
  • Financial Aid and FAFSA
  • Higher Education Act
  • Veterans and Service Members
Tags :
  • Access and Equity
  • affordability
  • covid-19
  • Debt
  • Disabled
  • education department
  • Federal relations
  • fraud
  • IBR
  • in the courts
  • loan forgiveness
  • student loans
  • supreme court
  • Veterans
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