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

Veterans Renew Push to Update 90/10 Rule

Aug 28, 2019, 14:06 PM
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Summary : Veterans' groups work to address for-profit colleges' recruitment of student veterans in the forthcoming Higher Education Act reauthorization.
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A group of veterans' organizations are working to advance a long-held priority of updating the federal 90/10 rule in the forthcoming Higher Education Act reauthorization, Inside Higher Ed reported. 

The current rule caps the share of revenue for-profits can take in from federal student aid at 90 percent. The other 10 percent must come from non-federal sources as a way to ensure that schools are not overly dependent on the federal government for their operation. However, a loophole in the law excludes Department of Veterans Affairs (VA) and Department of Defense (DOD) education benefits from being counted as federal funds. Numerous veterans' groups aim to close that loophole by counting those benefits toward the federal cap. 

"Absolutely, 90-10 is our top priority," said Lauren Augustine, vice president for government affairs at Student Veterans of America. "It will continue to be so until we see closure of the loophole."

The abrupt shutdown of several for-profit college chains in recent years has added to the sense of urgency for veterans' organizations. Veterans groups say an overreliance on federal aid makes colleges less stable when they face potential sanctions, reported Inside Higher Ed.

Recently, Congressional Democrats have shown serious interest in addressing the issue, introducing eight bills to modify the 90/10 rule. Some measures would count veterans' benefits toward the cap, while others propose changing the ratio to 85-15, the original ratio until 1998. Some, like the Protecting Our Students and Taxpayers (POST) Act, would do both. 

AACRAO is listed in support of the POST Act.

Meanwhile, Republicans in Congress have suggested eliminating the rule altogether, arguing that it does more to gauge students' ability to pay for a program than their willingness to pay.

Proponents for the rule maintain that the rule is a useful market test of the value of for-profit programs and argue that the exemption of veterans' benefits from the rule creates an incentive to target those students for enrollment.

Wesley Wilson, an army veteran and a fellow at High Ground Veterans Advocacy, told Inside Higher Ed that many veterans first enroll in for-profit colleges while they are still in active service because of both convenience and word of mouth.

Wilson attended American Military University during his service before later transferring to Fordham University. He said the real marketing to veterans begins after they leave the military.

"There's a huge target on veterans' backs," he said. "If you make us worth less money, there's less incentive to be more aggressive with your recruitment or marketing."

Related Link

Inside Higher Ed

https://www.insidehighered.com/news/2019/08/27/veterans-groups-join-congressional-dems-pushing-close-federal-aid-loophole

 
Michelle Mott
Categories :
  • Admissions and Recruitment
  • Advocacy
  • Financial Aid and FAFSA
  • Higher Education Act
  • Veterans and Service Members
Tags :
  • 90/10 rule
  • for-profit colleges
  • VA Programs
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