Advocacy

Geriatrics Workforce Enhancement Program Funding Opportunity

The Health Resources and Services Administration (HRSA) has announced the opportunity to apply for funding under the Geriatrics Workforce Enhancement Program (GWEP). The purpose of the GWEP is to educate and train the health care and supportive care workforces to care for older adults by collaborating with community partners. Applicants must maximize patient and family engagement to address care gaps and improve health outcomes for older adults by integrating geriatrics with primary care and other appropriate specialties using the Age-Friendly Health Systems Framework. Estimated total funding is $43 million, and 43 grant awards are expected. Applications are due February 26.

The funding opportunity announcement may be accessed here.

Department of Education Seeking Nominations for Negotiated Rulemaking Panel on State Authorization, Accreditation, and other Higher Education Issues

The Department of Education is seeking nominations to represent various constituent groups on a negotiated rulemaking committee to consider the following issues:

  • The Secretary’s recognition of accrediting agencies and related issues;

  • Institutional eligibility, including state authorization;

  • The definition of distance education as it pertains to clock hour programs and reporting for students who enroll primarily online; 

  • Return of Title IV of Higher Education Act of 1965 funds; and

  • Cash management to address disbursement of student funds.

Nominations must be received by December 13, 2023. Negotiators selected by ED will meet virtually on January 8-11, February 5-8, and March 4-7 to discuss ideas for regulatory reform. A subcommittee will meet virtually on January 12 and February 9. Sessions will be open to the public and include opportunities for public comment.

The Department of Education’s press release may be accessed here. An article from Inside Higher Ed may be accessed here.

Administration Releases U.S. Playbook to Address Social Determinants of Health

The Biden Administration released its “U.S. Playbook to Address Social Determinants of Health”. The 53-page document aims to impart a strategic approach to addressing health related social needs, highlighting an initial set of actions by federal agencies, and setting the stage for agencies and organizations to re-imagine new policies and actions around SDOH, both inside and outside of government. The playbook outlines individual and community-centered interventions, with actions grouped into the following three pillars: 1. Expand Data Gathering and Sharing, 2. Support Flexible Funding to address Social Needs, and 3. Support Backbone Organizations.

The playbook may be accessed here.

Department of Education Negotiated Rulemaking for Higher Education

After the Administration’s student debt relief plan was struck down by the Supreme Court in June, the Department of Education issued a notice of its intent to establish a negotiated rulemaking committee to seek debt relief. Three negotiated rulemaking sessions were scheduled. The first was held October 10-11, the second is to be held this Monday, November 6, and Tuesday, November 7, and the third is scheduled for December 11-12.

Department of Education Outlines Strategies to Increase Diversity and Opportunity in Higher Education

Today, the U.S. Department of Education released “Strategies for Increasing Diversity and Opportunity in Higher Education,” a report to guide state and higher education leaders on policies and practices to advance diversity on college campuses. The report reviews evidence-based strategies and promising practices in the areas of outreach, admissions, financial aid and funding, and college completion, and is meant to serve as a resource to help guide institutions and states as they respond to the Supreme Court’s decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina et al. (collectively “SFFA”).

The Department of Education press release may be accessed here. The report may be accessed here.

Department of Education Announces Gainful Employment Final Regulations

Today, the Department of Education released an unofficial copy of its final gainful employment regulations. According to the Department, the rule “will protect approximately 700,000 students a year from career training programs that leave graduates with unaffordable loan payments or earnings no better than what someone who did not pursue postsecondary education earns in their state.” The final rule also includes a new Financial Value Transparency (FVT) framework, that will give students in all programs detailed information about the net costs of postsecondary programs, and the financial outcomes they can expect.

More details may be accessed here.

How a Government Shutdown Could Affect the Department of Education and Colleges

A federal government shutdown will occur on Sunday, October 1, if a federal spending stopgap is not signed into law before then. Many Education Department employees are likely to be furloughed, and the shutdown could affect the Department’s regulatory ambitions.

An article from Inside Higher Ed may be accessed here.

House Hearing on How the Supreme Court's Ruling on Race-Based Admissions is Shaping University Policies

On Thursday, September 28, at 10:15am Eastern, the House Education and the Workforce Committee’s Subcommittee on Higher Education and Workforce Development will hold a hearing on, “How SCOTUS’s Decision on Race-Based Admissions is Shaping University Policies”.

More details are here. The hearing may will be streamed live here.

Department of Education Call for Nominations for Negotiated Rulemaking on Student Debt Relief

The Department of Education has issued a call for nominations for negotiators to represent a variety of categories in an upcoming negotiated rulemaking session on student debt relief. Nominations must be received by September 14. Negotiators selected by the Department will meet virtually on October 10-11, November 6-7, and December 11-12 to discuss ideas for regulatory reform. Sessions will be open to the public and include opportunities for public comment.

More details may be accessed here.

Department of Education Releases Resources on How Universities May Address Race in Admissions

The Department of Education and the Department of Justice released resources on how universities may address race in admissions, in light of the U.S. Supreme Court’s Decision in June rejecting race-based affirmative action. The Department of Education also plans to circulate a best practices document to the field in September.

Resources from the Department of Education and Department of Justice, including a Dear Colleague letter and Q&As, may be accessed here. An article from the Washington Post may be accessed here.

House Subcommittee Holds Hearing on Rising Costs of College

The House Education and the Workforce Subcommittee on Higher Education and Workforce Development held a hearing today on “Lowering Costs and Increasing Value for Students, Institutions, and Taxpayers.”  

Subcommittee Chair Burgess Owens (R-UT) set the tone for the discussion in his opening statement:

“For far too long, the federal government has doled out hundreds of billions of dollars to colleges without any sense of accountability. Presently, public funding and institutional profit is based on the number of seats college fills, not on the students performance or success. This profit over performance receipt has resulted recipe has resulted in many students with more debt and worse outcomes.

This antiquated financial structure needs to be realigned so that the college success is linked directly to the student success. This will involve innovation, funding based on outcomes not inputs, skin in the game for colleges whose students take out loans. That should be a financial benefit to aiding graduates educational success, building a career and repaying their loan. That also should be financial accountability with institutions that live up to their promise to graduates.

Presently the burden of the students that is almost entirely burden a sole shouldered by the taxpayer and the borrower's it's time to think of colleges as stakeholders in the student's success versus observers. With a fresh, innovative mindset and willingness for accountability, we can assure that both students and taxpayers will receive a positive return on investment for their college.”

The hearing examined a variety of ways to increase accountability in postsecondary institutions, including:

• Accreditation (H.R. 3724, the Accreditation for College Excellence Act),
• Requiring more transparency from institutions on costs and quality, 
• The need to measure student outcomes, rather than inputs, to assess the performance of postsecondary institutions,
• Adjusting data on student outcomes for demographics and circumstances,
• Mandating risk sharing or skin in the game for institutions to incentivize a reduction in high student default rates, such as co-signing loans (Loan Repayment Assistance Programs),
• Return on Investment (ROI) metrics to track benefits relative to costs and apply carrots and sticks such as performance bonuses or sanctions such as losing access to federal financial aid programs,
• Alternative tuition pricing models to reduce student costs -- including competency based models, guaranteed pricing for each of four years, tuition reset to actual price, partnering with employers to pay tuition,
• Focusing on student outcomes, not inputs to measure postsecondary performance,
• The efficacy of the Department of Education’s Gainful Employment rulemaking to increase accountability, particularly with for profit institutions,
• The cohort default rate and 90-10 rule, 
• The expansion of Pell Grants to help students access postsecondary education, 
• State disinvestment in higher education resulting in higher student borrowing,
• Online education and Online Program Management companies (OPMs),
• H.R. 1311, The College Cost Transparency and Student Protection Act,
• H.R. 496, the PELL Act, as a more effective alternative to Gainful Employment to ensure high bar outcomes,
• Performance based funding models (such as performance-based financing used by Texas State Technical College),
• A debate about the value of liberal arts education v. market driven education in high demand sectors. 

Please find a link to the archived video of this hearing, along with Chair Owens’ opening statement, as well as those of the hearing witnesses. A recap form Inside Higher Ed may be accessed here.

Senate Appropriations Committee Advances FY 24 Labor-HHS-Education Spending Bill

The Senate Appropriations Committee marked up its Labor-HHS-Education bill earlier today, which was approved by a bipartisan vote of 26-2. It provides $224.4 billion overall for programs within its jurisdiction, a 1% cut below current levels and in stark contrast to the 28% overall cut proposed in the House version of the bill. The Senate Labor-HHS-Education bill includes $79.6 billion in discretionary funding for the Department of Education and $117.0 billion in discretionary funding for the Department of Health and Human Services. The bipartisan Senate markup includes a $250 increase for the maximum Pell Grant.

“The bill provides $35 million more for the Mental Health Block Grant over fiscal year 2023 and includes $172 million for the Behavioral Health Workforce Education and Training Program, a $19 million increase over fiscal year 2023, to expand community-based clinical training and for repayment of education loans for individuals working in either a Mental Health Professional Shortage Area or where the overdose death rate exceeds the national average. Additionally, the bill provides $400 million for Certified Community Behavioral Health Clinics, a $15 million increase over fiscal year 2023, and an $18 million increase over fiscal year 2023 for the 988 Suicide Prevention Lifeline, building on the nearly $400 million increase in fiscal year 2023. The bill also includes over $100 million in investments within the Department of Education to address the shortage of school-based mental health professionals in our nation’s K-12 schools.”

“The bill protects essential funding to address public health threats, improve health care access and affordability, and strengthen the health care workforce. This includes: $1.86 billion for Community Health Centers, including $55 million for school-based health centers; $1.4 billion for Health Professions Workforce Development; $1.2 billion for the core Maternal and Child Health programs; $341 million for the Improving Maternal Health Initiative to combat the unacceptable levels of maternal mortality; and $4.1 billion for the Centers for Medicare and Medicaid’s administrative needs.”

In her opening remarks, Ranking Member Collins noted that the bill “invests in workforce training, including funding to increase the number of geriatric health professionals…[and] provides significant resources for substance abuse prevention and treatment programs and mental health programs.” Her press release noted the inclusion of “$302.5 million for Title VIII Nursing Workforce programs, an increase of $2 million above the FY23 enacted level, $48.2 million for HRSA Geriatric workforce education programs, which include the Geriatrics Workforce Enhancement Program and Geriatric Academic Career Awards, and $172 million for Behavioral Health Workforce Education and Training, an increase of $19 million above the FY 23 enacted level.”

The Senate Labor-HHS-Education bill text is here, report is here, summary is here, and resource page which should be updated by the Committee with further details is here. Sen. Murray’s remarks are here and a joint statement from Chair Murray and Ranking Member Collins is here.

Congress is leaving town for an extended summer recess with the Senate returning to session on September 5 and the House not slated back until September 12. That leaves only eleven legislative days with both chambers in session before the end of the fiscal year, with none of the twelve appropriations bills having been enacted, foreshadowing a busy September.

ACE Holds Forum on Proposed Distance Education, State Authorization Regulations

On Tuesday, ACE, in collaboration with the Presidents Forum, hosted an in-person event on Capitol Hill to examine the Department of Education’s (ED) draft regulations regarding distance education and state authorization. Panelist’s explored how ED’s proposed rules to upend the current state reciprocity agreement would create challenges for institutions offering distance education courses and their students, while also discussing a better way forward.

More details may be accessed here.

New America Webinar on Protecting Racial Equity in Higher Education

On Tuesday, July 18, New America will host a webinar entitled, “From Enrollment to College Completion: What Can Federal Policymakers Do to Protect Racial Equity in Higher Education?”. The event will consist of two panel discussions with affirmative action experts and students.

More details, including a registration link, are available here.

House Advances FY 24 Labor-HHS-Education Funding Bill

The House Labor-HHS-Education Appropriations Subcommittee marked up its FY 24 funding bill last week, passing it along party lines. The overall funding level for the bill is 29% below the FY 23 level. Amendments to the bill were held off until full Committee markup, which may be held next week, though it has not yet been announced. The Department of Education would receive a 28% overall cut. The House Appropriations bills have $119 billion less than the spending caps agreed to earlier this year in the bipartisan debt limit agreement. However, successful House-Senate negotiations later this year will require compromise and the support of moderates in both parties to achieve enough votes for final passage. The Senate Labor-HHS-Education bill is expected to be marked up in Subcommittee on July 27th. After next week, the House is scheduled to be on recess for five weeks and the Senate is scheduled to be on recess for six weeks.

Bill text and the House Republican summary may be accessed here. The House Democratic summary may be accessed here.

 

White House Announces New Actions to Provide Debt Relief and Support for Student Loan Borrowers

This afternoon, after the Supreme Court struck down the Biden Administration’s student loan debt forgiveness plan, the Administration announced new actions to provide debt relief and support for student loan borrowers. The Secretary of Education initiated a rulemaking process aimed at opening an alternative path to debt relief, using the Secretary’s authority under the Higher Education Act. The notice announces a virtual public hearing from 10am to noon and 1 to 4pm on July 18 and solicits written comments from stakeholders on topics to consider.

Also, today the Department of Education finalized the Saving on a Valuable Education (SAVE) plan, ensuring that borrowers will be able to take advantage of this plan this summer—before loan payments are due. Many borrowers will not have to make monthly payments under this plan. Those that do will save more than $1,000 a year.

In addition, the Department is instituting a 12-month “on-ramp” to repayment, running from October 1, 2023 to September 30, 2024, so that financially vulnerable borrowers who miss monthly payments during this period are not considered delinquent, reported to credit bureaus, placed in default, or referred to debt collection agencies.

The White House fact sheet may be accessed here. The Department of Education’s notice of its intent to establish a negotiated rulemaking committee, using the Secretary of Education’s authority under the Higher Education Act, may be accessed here.

Supreme Court Strikes Down Administration's Student Loan Debt Forgiveness Plan

Today, the Supreme Court issued its 6-3 decision striking down the Administration’s student loan debt forgiveness plan. President Biden’s initiative would have forgiven up to $20,000 in federal student loan debt for more than 40 million Americans. Advocates for student debt relief are calling on the White House to create an alternative plan using different legal authority, such as through the Higher Education Act.

The Supreme Court ruled the State of Missouri has standing to bring its case forward as it created MOHELA, which is “an instrumentality of the State of Missouri” and would face a direct injury if the student loan forgiveness moved forward, losing $44 million in fees.

The Court found that the Department relied on the HEROES Act to “waive or modify” exist­ing statutory or regulatory provisions applicable to financial assis­tance programs under the HEA, allowing the Secretary to provide loan forgiveness under certain circumstances, but the Secretary exceeded his authority by rewriting that statute to the extent of canceling $430 billion of student loan principal.  

The opinion was written by Chief Justice Roberts who highlighted the major questions doctrine – whether it is Congress or a federal agency that has the power to offer a student loan forgiveness program, stating that if Congress wants to give an administrative agency the power to make “decisions of vast economic and political significance,” it must say so clearly. But here there is no authorization, much less clear authorization, for this program.

The opinion may be accessed here. A statement from President Biden may be accessed here.

Supreme Court Rejects Affirmative Action

The Supreme Court rejected, along ideological lines, the admissions systems used by Harvard University and the University of North Carolina at Chapel Hill. The White House said the Department of Education and Department of Justice will provide resources to colleges and universities addressing lawful admissions practices within the next 45 days. Last summer, ASAHP joined the Association of American Medical Colleges and 45 health professional and educational organizations in an amicus curiae brief submitted to the U.S. Supreme Court in support of the limited consideration of an applicant’s racial or ethnic background or experiences in higher education admissions.

An article by Inside Higher Ed may be accessed here. A White House Fact Sheet may be accessed here.

University of Arkansas at Fayetteville Dissolves DEI Office, Reallocates Staff and Resources

The University of Arkansas at Fayetteville dissolved its DEI office, retaining staff and resources but reallocating them to other offices, primarily in human resources and student success. Inside Higher Ed examines the University’s move and reactions.

The article may be accessed here.

ASAHP Comments on the Department of Education’s Proposed Rulemaking

Comments on the Department of Education's proposed regulations covering state authorization, gainful employment, ability to benefit, and more were due on Tuesday, June 20. ASAHP submitted comments as well as joined a joint-comment letter led by the American Council on Education (ACE). ASAHP called on the Department of Education to withdraw its proposed regulations language that institutions must meet all state consumer protection laws related to closure, recruitment, and misrepresentations out of concern the language could significantly increase compliance burdens, decrease access to postsecondary education and clinical rotations, and result in the dismantling of current reciprocity agreements which have benefitted ASAHP institutional members. ASAHP also expressed concern regarding a potential unintended consequence of the proposed language that requires an institution to provide students with accessible clinical opportunities.

ASAHP’s comments may be accessed here, and the joint comment letter led by ACE may be accessed here.