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

Renewed Push to Overhaul HEA by 2020

Feb 5, 2019, 16:22 PM
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Summary : Senator Lamar Alexander, chairman of the Senate education committee, lays out his vision for reauthorizing the Higher Education Act before he retires. Serious differences with Democratic lawmakers remain.
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U.S. Senator Lamar Alexander (R-TN), outgoing chairman of the Health, Education, Labor and Pensions (HELP) Committee, laid out his vision for reauthorizing the Higher Education Act (HEA) this year in a speech on Monday, according to U.S. News & World Report


"My goal is to report that legislation out this spring of our committee so the full Senate can consider it this summer," he said Monday at an event at the American Enterprise Institute. "That schedule should permit a conference with the House of Representatives with their version of reforms for the Higher Education Act so that we can produce a present for 20 million college students and their families by Christmas."


In the speech, Alexander outlined his top priorities for a bill to overhaul the massive higher education law: streamlining the federal student aid application, simplifying student loan repayment options; and establishing a new accountability system based on student loan repayment rates. He also expressed interest in expanding competency-based programs, financial aid counseling for students and families, simpler loan language, and Pell grants for prisoners.


The news of Alexander's plans, by itself, does little to increase the likelihood that a divided Congress could come to an agreement on legislation, reported The Chronicle of Higher Education. The senator, who has announced that he will not seek re-election next year, also sought to reauthorize the HEA last year, but no such bill was introduced in his committee.


This time, however, his plans are accompanied by pledges of bipartisan cooperation. Alexander has already met with Senator Patty Murray (D-WA), the ranking member of the HELP committee, along with nine other committee members, to talk about compiling nearly a dozen bipartisan proposals into a single piece of legislation, U.S. News reported.


While negotiations stalled in the Senate last year, a Republican proposal to overhaul the HEA in the House, named the PROSPER Act, failed to garner enough support for a floor vote after a campaign by higher education groups to stop the legislation. Congressional Democrats later introduced their own proposal that essentially rebutted the major proposals of the GOP legislation. After retaking the House in November, Democrats said they would move forward with a new version of their own higher education bill, reported Inside Higher Ed.


House Education and Labor Committee Chairman Bobby Scott (D-Va.) has said updating the Higher Education Act is a priority. Scott said last week that Democrats and Republicans were "obviously going in different directions" in their respective higher education bills during the last Congress. "If we can get it done by the end of the year, it'll be a great accomplishment," he said at the time.


Related Links

U.S. News & World Report

https://www.usnews.com/news/education-news/articles/2019-02-04/sen-lamar-alexanders-mission-to-overhaul-the-higher-education-law

The Chronicle of Higher Education

https://www.chronicle.com/article/Could-Congress-Pass-a-New/245614

Inside Higher Ed

https://www.insidehighered.com/news/2019/02/05/alexander-lays-out-vision-new-higher-ed-law

Michelle Mott
Categories :
  • Advocacy
  • Competency-Based Education
  • Financial Aid and FAFSA
  • Higher Education Act
Tags :
  • Federal relations
  • pell grant
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