Yesterday's post highlighted some of the best provisions in the final version of legislation to reauthorize the Higher Education Act. With the bill waiting for President Bush's signature, here is a critical look at the parts of the legislation that fail to close loopholes, open new areas for potential exploitation, and weaken existing accountability frameworks.
Easing Restrictions on Trade Schools
For-profit colleges' lobbyists are exuberant about the reauthorization legislation. And who can blame them? Congress has gutted a key consumer protection provision that the career college lobbyists have been trying to kill since it was first introduced in 1992. The provision, which is known as the "90-10 rule," was intended to crack down on unscrupulous trade schools. It requires proprietary institutions to receive at least 10 percent of their revenue from sources other than federal student aid in order to participate in the aid programs. Congress' legislation would keep the requirement in place, but takes all the teeth out of it.
The bill substantially increases the sources of funds that proprietary institutions can count toward the 10 percent threshold, including institutional need- and merit-based scholarships and loans the schools make to their students. In addition, schools that violate the rule would no longer become automatically ineligible to participate in the federal student aid programs. Instead, they would now have to exceed the threshold for two consecutive years before being penalized. (The bill gives the Education Secretary the option of removing such institutions from the aid programs but does not actually require it.) The legislation would also temporarily exempt from the 90-10 calculations recent federal loan limit increases Congress approved as part of the Ensuring Continued Access to Student Loans Act. This means some federal student aid will not count toward the 10 percent cap.
It is extremely troubling that lawmakers would consider weakening the government's limited tools for protecting students and the integrity of the aid programs at a time when trade schools recruiting practices are coming under so much scrutiny from federal and state regulators.
Taking the Truth Out of Tuition Calculations
The House of Representatives' version of the higher education reauthorization contained a bipartisan provision called "Truth in Tuition." Designed to provide parents and students with a better idea of future charges, this provision would have required colleges to provide all incoming freshmen with a four-year schedule of expected tuition and fees. While schools could raise tuition from one year to the next, the schedule would help students prepare for the possibility of large cost hikes in future years. Unfortunately, instead of requiring colleges to help their students plan ahead, the bill requires the Department of Education to develop a multi-year tuition calculator, which bases its estimates solely on colleges' past increases. In essence, the calculator takes the responsibility away from schools to provide earnest and thoughtful estimates of future fees, and replaces it with a tool of questionable predictive value. As a result, most students will likely remain in the dark about what lies ahead.
Keeping a Veil on Institutional Aid Policies
Lobbyists for traditional colleges have fought vigorously Congressional efforts to shed more light on institutional financial aid practices, and it appears they have been victorious. The final bill requires colleges to report the average amount of grant aid they provide their students out of their own coffers. It doesn't, however, require them to disaggregate the data by family income of student recipients, as the original House version of the bill did. While the legislation requires colleges to disclose the average net price (the sticker price minus all financial aid a student receives) charged to students, broken down by income, it directs colleges to include only students who have received federal financial aid in its calculations. As a result, colleges will not have to reveal the extent to which they provide non-need-based "merit" aid to students from affluent families.
The government has a right and responsibility to know whether colleges are helping or hindering public policy goals. Specifically, are they using federal student aid dollars to supplement their own institutional financial aid to insure that low-income students don't have unmet financial need? Or are they using federal funds to replace institutional aid dollars they would have spent otherwise on needy students, and using that money to attract better, and often wealthier, students? Unfortunately, this bill won't provide policymakers with those answers.
To see other disappointments, please visit www.HigherEdWatch.org