90/10 Rule Passes “Byrd Bath” Remains INCLUDED In Senate Democrats Budget Reconciliation Bill
Late yesterday evening the Senate Parliamentarian, ruled that the language requiring modification of revenue requirements for proprietary institutions of higher education passed all six tests to be included in the Budget Reconciliation bill Senate Democrats plan to introduce sometime later today or tomorrow at the latest. The news that the 90/10 provision passes the “Byrd Bath” – process of parliamentary review – is a major setback for the students of all walks of life that choose to enroll in our community.
Without removal or amendment, the language identical to the provision contained in the House version of the FY21 Budget Reconciliation bill will result in the loss of access for tens of thousands of our nation’s most economically-challenged individuals, workers looking to advance in their chosen career pathway, and our nation’s active duty military, reservists, and veterans.
Given the recently ruling, our community must now work diligently to find one or more Democrats to oppose its inclusion, despite the Parliamentarian’s ruling, and/or attempt to modify the provision in ways to make it more equitable for the community to comply with the significant changes. Possibilities include, but are not limited to, defining “Federal education assistance funds”, establishing a transitional period to enable institutions to make changes necessary to come into compliance with the modified provision, removal of certain groups of student populations from the calculation (e.g. military and veterans), requiring that the provisions undergo Federal Negotiated Rulemaking prior to implementation, or others.
The entire community has, and continues to reach out to all Senate offices seeking their assistance in efforts to either remove or revise this provision. More to follow later today or tomorrow.
Higher Education Policy Meeting Announcement!
Over a decade ago when Jeri and I set out to provide support for a group of five states at both the state and federal level, we developed the alliteration that we hoped would embody the goals and objectives of our new venture. We came up with the three “C”s —
CSPEN – Community, Compliance and Communication
Now, as we prepare to host our third Higher Education Policy Meeting we may very well need to add a fourth and fifth “C” as CSPEN focuses upon national issues and concerns. The two newest “C”s –
Challenge and Compromise
There is no doubt that all of higher education, as well as our nation, have all faced considerable challenges brought on by the novel coronavirus pandemic. By the time we gather together in Washington on April 12th, it will be almost 400 days from President Trump’s March 13th declaration of the national emergency.
Out of sheer necessity we have faced, head-on, the tasks and tests resulting from the pandemic, including by not limited to changes in the delivery of education, implementation and administration of new HEERF student and institutional grant assistance, and maintaining compliant operations). And we must, and will, continue to face these challenges moving forward.
Unfortunately, those are not the only challenges in our future. In addition to what we already know, there are other key challenges that await us in the future that we need to be thinking about and preparing for now.
On the regulatory front this includes—
Revisions to the determination of eligibility and awarding of Federal Student Aid brought about by the enactment of the FAFSA Simplification legislation;
New Cybersecurity requirements that significantly modify the system infrastructure and conditions all institutions of higher education must meet; and
The anticipated return to prior constraints related to borrower defense to repayment, gainful employment, articulation agreements et. al.
On the legislative front this includes—
Already proposed modifications to the 90/10 Rule;
Potential establishment of new proprietary-specific eligibility criteria which must be met in order to participate in the administration and delivery of federal student aid to students; and
Adoption of statutorily established outcomes measures – and more.
In order to address these challenges, CSPEN suggests that our community will be required to strongly consider and realistically assess the need to develop, promote, and possibly even take the lead in advocating for equitable compromises.
To take a critical look at these challenges and discuss our community’s willingness and need to compromise, please join us at our 3rd Annual Conference where we will discuss these topics directly with:
Executives from Key National Trade Associations;
Leading House and Senate Education Committee Staff;
