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

Overview of the College Affordability Act

Oct 17, 2019, 13:27 PM
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Summary : The sweeping legislation would update the Higher Education Act for the first time in more than a decade at an estimated cost of $400 billion over 10 years.
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House Democrats on Tuesday 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 would update the Higher Education Act for the first time in more than a decade at an estimated cost of $400 billion over 10 years.

The legislation shares some key provisions with a recently released package of bipartisan bills introduced in the Senate by Health, Education, Labor and Pensions Committee Chairman Lamar Alexander (R-TN). Both proposals would streamline the Federal Application for Student Aid (FAFSA), simplify financial aid award letters, expand Pell Grant eligibility for incarcerated students, and allow Pell to be used for short-term programs—although the House bill excludes for-profit colleges.

The House measure could move quickly through the chamber, albeit with revisions, but is is unlikely to gain any traction in the Republican-controlled Senate or from the Trump administration.

Below is a broad overview of proposals included in the College Affordability Act.

 

Financial Aid

FAFSA Simplification - Free Application for Federal Student Aid simplification efforts, including an automatic zero EFC for recipients of means-tested benefits

  • requires dependent and independent students who receive Pell Grants to file the FAFSA only one time. 
  • provides the FAFSA in multiple languages
  • extends a provision from the FY 2019 spending bill which allows institutions to share information from a student's FAFSA with scholarship granting organizations if the student provides explicit written permission

Financial Aid Award Letters - requires institutions to use a standard set of terms, and include a quick reference box with no more than eight elements

Loan Origination Fees - eliminates loan origination fees

Loan Counseling - institutions are required to annually disclose to students the expected borrowing amount and what their monthly payment could look like during repayment

Cost of Attendance Estimates - requires the U.S. Education Department to prescribe at least one methodology that institutions must use in determining the cost of room and board for students living off campus for the purpose of calculating the projected cost of attendance

 

Access and Affordability

Tuition-Free Community College - creates 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

Pell Grants - increases the maximum Pell Grant award by $500, permanently indexes the award to inflation, and extends grant eligibility to 14 semesters

  • repeals ban on incarcerated individuals from accessing Pell Grants
  • allows high-quality short-term programs that partner with local industry to participate in the Pell Grant program 
  • allows students to exhaust full Pell eligibility on graduate studies
  • provides bonus Pell funds to institutions that are dedicated to enrolling low-income students and ensuring that they succeed

Campus-Based Title IV Aid Programs - allows eligible public and non-profit institutions participating in the Federal Supplemental Educational Opportunity Grant (SEOG) program to provide emergency grant aid to students

  • phases out the current allocation formula of SEOG, replacing it with a formula based on the level of unmet need at an institution and the percentage of low-income students present on campus

Creates the Federal Direct Perkins Loan Program to provide an additional source of borrowing for undergraduates and graduates by allocating a portion of Direct Loan volume to be distributed to institutions

  • removes the provision that limits current students from originating subsidized loans once in school for more than 150 percent of their program length 

Federal Work-Study - phases out current Federal Work-Study formula and replaces it with one that allocates funds based on the number of low-income students at an institution and the unmet need of students at such institution. 

  • includes a bonus allocation for campuses in the top 20 percent of institutions based on rates of Pell student enrollment and success
  • preserves graduate participation in the program

TRIO and GEAR UP - increases funding for TRIO and GEAR UP

Income-Based Repayment Plans - simplifies existing student loan repayment plans with one fixed repayment plan and one income-based repayment (IBR) plan and maintains loan forgiveness benefits

Removes interest capitalization after a borrower leaves forbearance and deferment

Automatically places borrowers who are more than 120 days delinquent into IBR

  • previously defaulted borrowers who have made nine payments required to rehabilitate their loan will be automatically placed into IBR to help smoothly transition from rehabilitation to repayment 
  • removes the burdensome paperwork requirements for borrowers who are totally and permanently disabled by requiring the Secretary of Education to establish procedures to obtain income information during the three-year monitoring period without further action by the borrower
  • allows a servicer to remove default from a borrower's credit report after they have consolidated their loans or paid them off in full. This is currently only available to borrowers that rehabilitate their loans.

Public Service Loan Forgiveness (PSLF) Program - requires the Department to create an online PSLF portal with information such as the number of a borrower's loans that are in the Direct Loan program, the number of qualifying payments a borrower made toward forgiveness, and, if applicable, why a borrower's loans are ineligible, as well as how to make them eligible

  • changes the qualifications for forgiveness under the program to be dependent on an applicant's occupation, not their employer.

Other Federal Aid Provisions - allows Deferred Action for Childhood Arrivals (DACA) and certain other undocumented students access to federal student aid

Includes funding to eliminate or significantly reduce tuition at historically black colleges and universities (HBCUs) and other minority serving institutions (MSIs)

  • permanently reauthorizes the mandatory funds provided under Part F of Title III (which expired at the end of FY 2019), increases the total amount from $255 million per year to $300 million, and adjusts the allocation amounts for each institutional designation
  • makes changes to allow Title III grantees (HBCUs, TCUs, MSIs) to have more flexibility to develop endowments and allows institutions to use earnings from endowments to support student scholarships
  • reduces the non-federal match institutions must provide from 100 to 50 percent
  • restricted gifts made to endowment funds can be applied toward the non-federal match
  • increases the authorized discretionary amounts for Title III grant programs to account for inflation and growth in the number of eligible institutions 

Dual Enrollment - creates a matching grant program for institutions to establish partnerships with K-12 school districts to support the development of dual enrollment and early college high schools

  • provides states with funding to increase student access to early credit pathways, including dual enrollment, early college high schools, and Advanced Placement and International Baccalaureate programs

 

Education Records and Student Privacy

Federal Unit Record System - repeals the "student unit record" ban – a provision that prohibits the Department from collecting student-level data – and requires the development of a secure system that uses student-level data to evaluate postsecondary outcomes including transfer, employment, and earnings

Reverse Transfer - includes the Reverse Transfer Efficiency Act, which AACRAO strongly supports and has advocated for over the past several years

  • the legislation would create a new exemption under FERPA and facilitate a four-year institution's ability to share an education record with the two-year institution that the student was previously enrolled at for the purpose of evaluating if collectively between the two institutions the student has enough credits for a credential from the community college 
  • in order to maintain FERPA standards, the student must still consent that they would want the credential

 

Accountability and Transparency

90-10 Rule - changes 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

Borrower Defense to Repayment - requires the Department to establish a Borrower Defense to Repayment process to discharge the federal loans of students who were defrauded by their colleges

  • allows all federal student loans to be discharged – not just Direct Loans—and restores Pell eligibility for recipients who qualify for a loan discharge

Gainful Employment - requires the 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

Accreditation - focuses accreditation on academic quality and makes the accreditation process more transparent

  • heightens state authorizers' role

Cohort Default Rate - alters the cohort default rate (CDR) metric by adjusting for the share of borrowers at an institution and the number of borrowers who are in long-term 12 forbearance (18 months or longer)

Program Integrity - strengthens the incentive compensation ban

  • establishes a transparent process for approving for-profit to non-profit school conversions at the Department
  • limits marketing expenditures for institutions that spend little on instruction
  • directs the Department to go through a negotiated rulemaking to update the criteria used to determine an institution's financial health and includes certain automatic, mandatory, and discretionary triggering events that would allow the Department to re-revaluate an institution's financial circumstances in order to protect students and taxpayers
  • bans mandatory pre-dispute arbitration and class action ban agreements
  • establishes a new on-time loan repayment metric for accountability
  • adds new requirements for loan eligibility for certificate programs lasting 300 to 600 clock hours
  • improves transparency and accountability for institutions that partner with third-party providers and prohibits institutions from outsourcing both admissions and educational content to the same provider

Title IX - prohibits the Department from issuing or enforcing the proposed Title IX rules that the Trump administration published in November 2018

Campus Safety - requires colleges to develop and disseminate policies on hazing and harassment and adds hazing and harassment as reportable offenses under the Clery Act

  • institutions are also required to provide an educational program on hazing for enrolled students
  • creates new biannual standardized online survey tool regarding student experiences with domestic violence, dating violence, sexual assault, sexual harassment, and stalking
  • amends the Clery Act to provide greater transparency to students and parents concerning student safety in study-abroad programs

Civil Rights Enforcement - institutions must designate at least one employee to coordinate efforts to comply with Title VI of the Civil Rights Act

 

Competency-Based Education (CBE)

Establishes a demonstration project that allows participating CBE programs to request flexibility from some current statutory and regulatory requirements seen as barriers to implementation

  • requires an institution's accrediting agency to set standards specific to CBE
Michelle Mott
Categories :
  • Accreditation
  • Admissions and Recruitment
  • Advocacy
  • Campus Safety
  • Community Colleges
  • Competency-Based Education
  • Compliance and Reporting
  • FERPA
  • Financial Aid and FAFSA
  • Higher Education Act
  • Immigration
  • Reverse Transfer
  • Study Abroad
Tags :
  • 90/10 rule
  • advanced placement
  • borrower defense
  • clery act
  • Cost of Attendance
  • Daca
  • default
  • dual enrollment
  • education department
  • Federal Regulations
  • Federal relations
  • federal student loans
  • for-profit colleges
  • gainful employment
  • GEAR UP
  • hbcu
  • IBR
  • incentive compensation
  • MSI
  • pell grant
  • perkins loan
  • Public Service Loan Forgiveness program
  • SEOG
  • title ix
  • TRIO
  • tuition free
  • undocumented
  • unit record data system
  • work study
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