Not all population subgroups in the U.S. receive equal amounts of attention in policy circles regarding how to cope with various problems that affect individuals within these groupings. An example is the presence of persistent barriers to accessing high-quality, affordable postsecondary education by currently and formerly incarcerated individuals. A positive development is that the U.S. Department of Education has developed a guide to assist colleges and universities in mitigating those barriers, moving beyond the check box on admissions applications, and providing support for these students. An original Beyond the Box report was published in 2016. The newest version, Beyond The Box 2023, became available in April of this year. It incorporates the learning and experience of the past seven years and its content benefits from views expressed by various contributors, such as formerly incarcerated students; leaders of organizations and institutions that work with these individuals; and advocates of criminal justice reform, as well as research and analysis of promising practices.
Approximately two million Americans are incarcerated and almost 80 million individuals are living with a criminal record, The criminal justice system has a disproportionate impact on people of color and people living in poverty. Education offers a pathway to reenter society successfully, with the knowledge, skills, and credentials to obtain a good job and engage in their community. American postsecondary institutions can provide programs that are inclusive to formerly incarcerated persons. Fair and nondiscriminatory admissions processes have been adopted by many colleges and universities. Seven states have banned the use of criminal justice history questions during the college application process. In 2020, the Common Application, used by more than 900 colleges, removed the criminal justice history question from the common portion of the common application. In 2016, the Second Chance Pell Experimental Sites Initiative was launched, granting access to Pell Grants, a form of federal student financial aid, which opened the doors to higher education for tens of thousands of currently incarcerated students in a pilot program. The success of that initiative has led to forthcoming broad Pell reinstatement for all currently incarcerated students who qualify for federal financial aid and are enrolled in eligible prison education programs, beginning in July 2023. Despite these important advances, more efforts are needed. The newest Beyond The Box Report lists key recommendations for academic institutions that plan to start or expand programs for these students.
ASAHP And Third-Party Servicers and Institutions
The Association of Schools Advancing Health Professions (ASAHP) joined forces with several other higher education associations in sending a letter on March 29, 2023 in response to a February 15, 2023 Dear Colleague Letter (DCL), “Requirements and Responsibilities for Third-Party Servicers and Institutions” from the U.S. Department of Education. Given the potential harmful consequences that will result from the Department’s expansive new definition of a third-party servicer (TPS), without corresponding benefit, these organizations urged the Department to rescind the current DCL and identify alternate approaches that are better targeted to the issues of concern that the government seeks to address.
Based on comments that were submitted to the Department, it issued an update on April 11, 2023 on Third-Party Servicer Guidance. Specifically, the Department will delay the effective date of the guidance letter, and the September 1, 2023, date no longer will be in effect. The effective date of the revised final guidance letter will be at least six months after its publication to allow institutions and companies to meet any reporting requirements. The Department indicated that it does not consider contracts involving certain activities to constitute third-party servicer relationships, such as study abroad programs, recruitment of foreign students not eligible for Title IV aid, and clinical or externship opportunities that meet requirements under existing regulations. The Department intends to remove the provision of the guidance document pertaining to foreign ownership of a third-party servicer. That provision was included in guidance issued in 2016 to protect taxpayers from uncollectable liabilities against a foreign owner. Also, public comments will be reviewed carefully on areas of confusion or concern and clarification will be considered about narrowing the scope of the guidance in several areas, including software and computer services; student retention; and instructional content.