Transcript Document
GAINFUL EMPLOYMENT WASFAA 2014 Tom Babel & Kevin Jensen A brief history . . . • 1965 - The Higher Education Act of 1965 was signed into law on November 8, 1965 as part of President Lyndon Johnson’s “Great Society” domestic agenda. – “gainful employment” has been in the HEA from the very beginning • 2009, 2010 – “Program Integrity” Negotiated Rulemaking – Gainful Employment is one of 14 Program Integrity topics addressed A brief history . . . • 2010 – Department of Education publishes final program integrity regulations, including gainful employment. • 2011 – Department of Education publishes a correction to the final regulations. • 2012 – A federal court vacates major portions of the gainful employment rule. A brief history . . . • 2013 – Department of Education holds a second round of gainful employment negotiated rulemaking sessions. • 2014 – Department of Education issues new version of gainful employment rules. According to the Department . . . “…the proposed regulations are intended to address growing concerns about educational programs that, as a condition of eligibility for title IV, HEA program funds, are required by statute to provide training that prepares students for gainful employment in a recognized occupation (GE programs), but instead are leaving students with unaffordable levels of loan debt in relation to their earnings, or leading to default. GE programs include nearly all educational programs at for-profit institutions of higher education, as well as non-degree programs at public and private non-profit institutions such as community colleges…” Negotiated Rulemaking • • • • • “NegReg” Process Negotiators Negotiating Sessions Interim Final Rules and Public Comment Final Rules https://www2.ed.gov/policy/highered/reg/hearulemaking/2012/gainfulemployment.html Notice of Proposed Rulemaking • RIN 1840 – AD15 • Posted March 25, 2014 • Comments Due May 27, 2014 – www.regulations.gov – Ashley Higgins U. S. Department of Education 1990 K Street NW., room 8037 Washington, DC 20006-8502 Comparison to 2011 Final Rule Provision 2011 Final Rule 2014 Proposed Rule Applicable Programs Most proprietary school programs and non-degree programs at public and private not-for-profit schools. Most proprietary school programs and non-degree programs at public and private not-for-profit schools. Metrics Requirements Must pass either annual earnings rate or discretionary income rate or repayment rate Must pass either annual earnings rate or discretionary income rate and program cohort default rate Whose Measured All graduates (D/E) and all borrowers (LRR) All graduates who received Title IV (D/E) and all borrowers (pCDR) Comparison to 2011 Final Rule D/E passing threshold Annual debt burden ≤ 12% of actual income, or Annual debt burden ≤ 30% of discretionary income Annual debt burden ≤ 8% of actual income, or Annual debt burden ≤ 20% of discretionary income D/E failing threshold Annual debt burden > 12% of actual income, or Annual debt burden > 30% of discretionary income Annual debt burden > 12% of actual income, or Annual debt burden > 30% of discretionary income pCDR passing threshold Not applicable Program Cohort Default Rate (pCDR) < 30% Debt to Earnings (D/E) Cohorts • If cohort ≥ 30 students: use graduates from 3rd and 4th years prior (e.g., For 14-15 award year, the D/E rates would include graduates from the 10-11 and 11-12 award years) • If cohort < 30 students: use graduates from 3rd, 4th, 5th and 6th years prior • For medical and dental programs: use 6th & 7th year if ≥ 30 students or use 6th, 7th, 8th & 9th Debt to Earnings (D/E) Calculations Annual Loan Payment Annual Earnings Or Annual Loan Payment Discretionary Income Annual Loan Payment: • All Title IV debt, including Perkins; Private Loans; Institutional debt • All loan debt incurred for a GE program attributed to highest credentialed GE program with undergraduate and graduate programs treated separately • Lower of total debt or total tuition, fees, books, supplies and equipment incurred for enrollment in relevant GE programs. • Determine median loan debt (MLD) for applicable cohort • Calculate Repayment terms using: • 10-year term for certificates and associate degrees • 15-year term for bachelor and master degrees • 20-year term for doctoral and first professional degrees • Average interest rate for Direct Unsubsidized Loans for 6 most recent years Annual Earnings: Higher of mean or median earnings for cohort as reported to SSA Discretionary Income: Annual earnings less 150% of the Poverty Guideline for a single person Other D/E provisions • Transition period – 1st four years regulation is in effect – Use MLD of completers from most recent completed award year • Population Exclusions – Borrowers with military or education deferments – Completed higher credentialed programs – Total and permanent disability or death • Rate Appeals – 45 days from receipt of student list to be included in the D/E calculations to challenge population – 45 days from draft D/E notice to challenge MLD calculation • Alternate Earnings Appeal – Any year with failing or zone D/E rates – State earnings database (must match 50% and ≥ 30 students) or NCES survey standards • Mitigating circumstances = Pass – Borrowing rate < 50% of all completers Program Cohort Default Rate (pCDR) • Different cohort and measuring periods from D/E calculation • Cohort is population of all students entering repayment in the 3rd fiscal year preceding the reporting year (e.g., if pCDR is calculated in 2016, then borrowers entering repayment in FY13 will be used) • If < 30 borrowers, include borrowers who entered repayment in the two preceding years Title IV Eligibility Disqualification • Fails D/E measures for two of three successive award years • Fails or is in the zone for the D/E for four consecutive award years • pCDR ≥ 30% for three successive years – Appeal bases: • • • • • • Low participation rate New or erroneous data Loan servicing issues Economically disadvantaged Use of average rates < 30 borrowers Timeline First 2 year cohorts AY 2010-11 & 2011-12 First Earnings Year 2014 GE Effective July 1, 2015 D/E Rates issued January 2016? pCDR Measuring period Oct 1, 2011 – Sep 30, 2014 Range for completers to begin earnings year Traditional calendar: 19 – 31 months FY 12 CDR Sep 2015 Other GE Provisions • Debt Warnings – Two levels: 1st year and 2nd year • Reporting – By July 31 of 1st year, information for 2nd – 7th years prior – By October 1, for all subsequent years • Disclosures – Number of new items. ED will calculate and issue completion, withdrawal and loan repayment rates, median loan debt and median earnings – Like reporting, data restricted to Title IV recipients only Other GE Provisions – cont. • Certification – – – – – Program length and educational content Metropolitan Statistical Area (MSA) Programmatic accreditation Licensure and certification requirements Transitional certification • New Programs – No formal approval process…subject to PPA certification • Reinstatement of disqualified programs Getting Ready • Program Analysis • Prepare for Reporting and Disclosure requirements • Provide Comment Program Analysis Currently Active DVG Programs #Grads Median Total Type of Annual Debt MLD Earnings aDTE Rate dDTE Rate pCDR D/E Test Approx. Approx. Debt Debt % Increase % Increase Reduction Reduction in Earnings in Earnings Diff. b/t Lvl pCDR PROGRAM to Pass to Pass to Pass to Pass MLD MLD & Prog Test OVERALL aDTE dDTE aDTE dDTE (Trans/Lvl) (Stnd/Lvl) MLD (Stnd) Program A 53 $19,700 Stnd. $20,493 13.3% 91.0% 17.6% Fail Pass FAIL $7,828 $15,373 $23,156 $19,700 $3,448 Program B 350 $32,140 Stnd. $38,510 11.5% 21.1% 9.6% Zone Pass ZONE $9,831 $1,719 $32,278 $32,140 $47 Program C 175 $54,560 Trns. $53,587 10.8% 16.1% 12.4% Pass Pass PASS $14,315 $0 $54,560 $54,771 $3,633 Program D 144 $32,278 Trns. $47,963 9.3% 14.6% 7.4% Pass Pass PASS $4,493 $0 $32,278 $32,330 $0 Program E 372 $38,090 Stnd. $57,895 9.1% 13.0% 2.2% Pass Pass PASS $4,551 $0 $47,685 $38,090 $1,676 Program F 58 $27,157 Stnd. $42,100 8.9% 15.2% 6.7% Pass Pass PASS $2,768 $0 $29,101 $27,157 $0 Program G 89 $22,244 Trns. $34,726 8.8% 17.8% 9.2% Pass Pass PASS $2,127 $0 $22,244 $22,813 $0 Program H 184 $32,805 Stnd. $52,043 8.7% 13.1% 5.4% Pass Pass PASS $2,656 $0 $35,067 $32,805 $561 Program I 27 $34,336 Stnd. $42,353 8.6% 14.7% 10.2% Pass Pass PASS $2,528 $0 $40,439 $34,336 $6,216 Program K 10 $20,743 Trns. $34,560 8.3% 16.8% 0.0% Pass Pass PASS $722 $0 $20,743 $28,900 $22,334 Program L 255 $32,209 Stnd. $63,709 5.4% 7.4% 3.5% Pass Pass PASS $0 $0 $34,846 $32,209 $2,137 Program M 81 $21,633 Stnd. $45,220 5.1% 8.3% 7.0% Pass Pass PASS $0 $0 $27,776 $21,633 -$103 Program N 785 $33,040 Stnd. $71,736 4.9% 6.5% 4.4% Pass Pass PASS $0 $0 $33,531 $33,040 $1,896 Program O 78 $21,341 Stnd. $69,256 4.3% 5.7% 3.7% Pass Pass PASS $0 $0 $21,688 $21,341 $4,003 Program P 755 $27,559 Stnd. $71,412 4.1% 5.4% 5.9% Pass Pass PASS $0 $0 $28,046 $27,559 $2,924 GE Infographic http://chronicle.com/article/The-GainfulEmployment-Rule/145519/