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This week, the Department of Education concluded its third and final negotiated rulemaking session on Program Integrity and Institutional Quality, concerning state authorization, distance education, accreditation, return of title IV funds, cash management, and the TRIO programs. The National Association of Student Financial Aid Administrators (NASFAA) covered the negotiations on state authorization, distance education, accreditation.
Details from NASFAA may be accessed here.
This week, the Department of Education concluded its third and final negotiated rulemaking session on Program Integrity and Institutional Quality, concerning state authorization, distance education, accreditation, return of title IV funds, cash management, and the TRIO programs. The committee only reached consensus on opening up some of the federal TRIO programs to undocumented students. Thus, ED may put forward its own regulatory language on the various topics.
From Inside Higher Ed:
“The Biden administration can now move forward with its plans to give states greater authority over online programs after an advisory rule-making committee rejected a compromise proposal Thursday.
The Education Department said last week that it wants to change the terms of state authorization reciprocity agreements to give state regulators more authority to enforce their own laws on out-of-state institutions that enroll their residents. Currently, reciprocity agreements allow colleges to enroll out-of-state students online without getting direct approvals from the individual states—and they exempt institutions from some laws in the states where the students are located.
Department officials have said that the current structure fails to protect students and taxpayers by limiting states’ oversight.”
Details are here. Coverage from Inside Higher Ed may be accessed here. NC-SARA provides a “Status of State Authorization Reciprocity at Conclusion of 2023-2024 Negotiated Rulemaking Session 3”, here.
On Thursday, the House Education and the Workforce Committee’s Subcommittee on Higher Education and Workforce Development, chaired by Rep. Burgess Owens (R-UT), held a hearing entitled, “Divisive, Excessive, Ineffective: The Real Impact of DEI on College Campuses”. The hearing was starkly partisan. Republicans primarily directing questions to their three witnesses, while Democrats primarily directed questions to their sole witness, Dr. James Murphy of Education Reform Now. More details are here, the House Republican recap is here, and a recording of the hearing may be viewed here.
The Department of Education (ED) held a virtual negotiated rulemaking session last week regarding student loan forgiveness for those with financial hardship. The negotiated rulemaking session was the fourth and final round of negotiated rulemaking on student debt relief, following three rulemaking sessions on student loan debt relief last year, aimed at debt relief for several categories of borrowers.
Ahead of this week’s session, the Department of Education released draft regulatory text on Thursday, February 15. The proposal listed numerous factors that the Secretary could use to determine if a borrower is eligible for forgiveness due to hardship. It also included language allowing ED to offer immediate relief for those at least 80 percent likely to default within the next two years.
Some language from the proposal was tweaked, and ED added language clarifying that an application for debt relief is not required. Consensus was reached, as there was no dissent among members of the negotiated rulemaking committee. While most representatives on the negotiated rulemaking committee gave a thumbs up, the representative for for-profit institutions gave a sideways thumb, and the representative for servicers abstained.
The Department has previously said it aims to release the plans for public comment in May. Rules finalized by November 1 go into effect July 1 of the following year. ED could take action to implement provisions of the final rule earlier, using its authority under the Higher Education Act (HEA). Legal challenges are expected. ED’s negotiated rulemaking page may be accessed here.
On Thursday, March 21, from 2-3pm Eastern, the National Council for State Authorization Reciprocity Agreements (NC-SARA) will host a webinar on the implications for SARA-participating institutions as well as SARA member states and territories of the 2021-2022 negotiated rulemaking final regulations published by the U. S. Department of Education in October 2023, with a particular focus on certification procedures related to institutional closure. Presenters will also provide an update on the 2023-2024 negotiated rulemaking, again focusing on topics that may have the greatest impact on SARA.
More details and a link to register may be accessed here.
Today, House Education and the Workforce Ranking Member Bobby Scott (D-VA) announced Committee Democrat’s Roadmap to College Student Success, their legislative blueprint for Higher Education Act (HEA) reauthorization. Currently, the roadmap consists of six previously introduced bills addressing college affordability, access, and student support. Committee Democrats plan to introduce additional related legislation in the coming months. Tomorrow, the Committee, under Chair Virginia Foxx (R-NC), will markup the College Cost Reduction Act, an HEA reauthorization bill from Committee Republicans.
The announcement may be accessed here.
ASAHP joined the HPNEC coalition in a letter sent today to congressional appropriators, urging them to work in a bipartisan manner to provide the highest possible funding for the Health Resources and Services Administration (HRSA) Title VII health professions and Title VIII nursing workforce development programs for fiscal year (FY) 2024. At a minimum, HPNEC members recommended that appropriators start with the $877.8 million funding level proposed in the Senate's FY 24 Labor, Health and Human Services, Education and Related Agencies (LHHS) appropriations bill.
The letter may be accessed here.
On Friday, the U.S. Department of Education released a request for information in the form of written comments that may include information, research, and suggestions regarding supporting student mental health and/or substance use disorder (behavioral health) needs in higher education. Comments must be received no later than February 25.
The request may be accessed here.
The House Education and the Workforce Committee has scheduled a markup of the College Cost Reduction Act for Wednesday, January 31 at 10:15am Eastern. The bill addresses accreditation, Pell grants, student loans, regulatory relief, and more. The bill is one of several expected in the Committee to address Higher Education Act (HEA) reauthorization. It was introduced by House Education and the Workforce Committee Chair Virginia Foxx (R-NC) earlier this month.
The markup may be viewed live here.
On Thursday, House Education and the Workforce Committee Chair Virginia Foxx (R-NC) introduced The College Cost Reduction Act, a bill that addresses accreditation, Pell grants, student loans, regulatory relief, and more. The bill is one of several expected in the Committee to address Higher Education Act (HEA) reauthorization.
The Committee press release, and links to the bill text, fact sheet, and summary may be accessed here. A summary from ACE may be accessed here and a summary from NAICU may be accessed here.
ASAHP was one of 850 organizations to urge Congressional leadership finish the FY24 appropriations process and adopt the bipartisan Senate funding framework as a starting point for final negotiations.
The letter may be accessed here.
On Tuesday, the Department of Education released six issue papers on topics for negotiated rulemaking. The topics include the following issue areas: Cash management, Return of Title IV Funds, Accreditation, State Authorization, Distance Education, and TRIO. Negotiators will meet virtually on January 8-11, February 5-8, and March 4-7. Sessions will be open to the public and include opportunities for public comment. ED also announced the list of the individuals who will serve on the negotiating committee and subcommittee.
The Department of Education’s press release may be accessed here. More details may be accessed here. An article from Inside Higher Ed may be accessed here.
ASAHP was one of 139 organizations that are members of the CDC Coalition and joined in sending a letter to congressional appropriators urging at least $11.581 billion in funding for the CDC’s programs in FY 2024.
The letter may be accessed here.
ASAHP was one of 86 members of the Friends of HRSA coalition and other supporting organizations that urged congressional appropriators to prioritize HRSA funding and to oppose the inclusion of any cuts or partisan policy riders related to any of the agency’s programs. Earlier this year, the Friends of HRSA coalition wrote to the leaders of the Labor-HHS-Education appropriations subcommittees urging them to provide at least $10.5 billion for HRSA in FY 2024. Strong funding for HRSA is critical to supporting all of HRSA’s activities and programs, which are essential to protect the health of our communities.
The letter to Congressional appropriators may be accessed here.
On Tuesday, the House Committee on Education and the Workforce advanced, in a 37-8 vote, the Bipartisan Workforce Pell Act. The bill would expand the use of Pell funding for short term, high quality credentials. Currently, Pell grants can only be used for programs with a 15-week minimum, but the bill would allow its use for programs offered during a minimum of eight weeks, but less than 15 weeks. To pay for the expansion, the bill would end federal student loans, starting next July, at the 50-60 institutions that are subject to the federal endowment tax, a controversial proposal not included in the Senate’s workforce Pell bill, the JOBS Act, which does not yet have a Committee markup date scheduled.
On Tuesday, the Committee also advanced, in a 44-1 vote, A Stronger Workforce for America Act, which would reauthorize the Workforce Innovation and Opportunity Act (WIOA). The bill would codify the Strengthening Community Colleges Workforce Development Grant Program to improve and expand high-quality workforce development programs at community colleges, and would authorize the program for each of the Fiscal Years 2025 through 2030 at $65 million.
The bills and and a recording of the markup may be accessed here. Coverage from Inside Higher Ed may be accessed here and here.
On Tuesday, the Senate HELP Committee will hold a mark up of four bills, including S. 3393, the SUPPORT for Patients and Communities Reauthorization Act. The bill would reauthorize the Mental and Behavioral Health Education and Training Program at $50 million for FY 24, $55 million for FY 25, $60 million for FY 26, $65 million for FY 27, and $75 million for FY 28.
The bill text and summary, as well as the markup, may be accessed here.
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.
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.
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.
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.
