Transcript No Slide Title

Impact of New HEA Regulations on
the WASC Region
Discussion with Ralph Wolff,
President and Executive Director of
WASC
July 1, 2010
Link to proposed regulations:
Federal Register / Vol. 75, No. 117 / Friday,
June 18, 2010 / Proposed Rules
http://www.gpo.gov/fdsys/pkg/FR-2010-0618/pdf/2010-14107.pdf
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Comments on the proposed regulations are being
accepted until August 2, 2010 at:
• Federal eRulemaking Portal. Go to
http://www.regulations.gov to submit your comments
electronically. Information on using Regulations.gov,
including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available
on the site under ‘‘How To Use This Site.’’
• Postal Mail, Commercial Delivery, or Hand Delivery. If
you mail or deliver your comments about these proposed
regulations, address them to Jessica Finkel, U.S.
Department of Education, 1990 K Street, NW., room 8031,
Washington, DC 20006–8502.
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Issues discussed during negotiated rulemaking:
1)
2)
3)
4)
5)
6)
7)
8)
High School Diploma
Ability to Benefit
Misrepresentation
Incentive Compensation
State Authorization
Gainful Employment
Credit Hours
Agreements by/with
Institutions.
9) Verification
10) Student Academic
Progress
11) Retaking coursework
12) Short term modules
13) Taking attendance
14) Disbursements
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Issues for discussion today:
• Definition of a credit hour and institutional
and accreditor responsibilities with respect
to credit hours.
• State authorization
• Misrepresentation
• Incentive compensation
• Other issues
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Definition of a credit hour (Fed. Register p. 34872)
§ 600.2 Definitions.
*****
Credit hour: Except as provided in 34 CFR 668.8(k) and (l), a credit hour is—
(1) One hour of classroom or direct faculty instruction and a minimum of two
hours of out of class student work each week for approximately fifteen weeks
for one semester or trimester hour of credit, or ten to twelve weeks for one
quarter hour of credit, or the equivalent amount of work over a different
amount of time;
(2) At least an equivalent amount of work as required in paragraph (1) of this
definition for other academic activities as established by the institution
including laboratory work, internships, practica, studio work, and other
academic work leading to the award of credit hours; or
(3) Institutionally established reasonable equivalencies for the amount of work
required in paragraph (1) of this definition for the credit hours awarded,
including as represented in intended learning outcomes and verified by
evidence of student achievement.
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§ 602.24 Additional procedures certain institutional accreditors must have.
*****
(f) Credit-hour policies. The accrediting agency, as part of its review of an
institution for initial accreditation or preaccreditation or renewal of
accreditation, must conduct an effective review and evaluation of the
reliability and accuracy of the institution’s assignment of credit hours.
(1) The accrediting agency meets this requirement if—(i) It reviews the
institution’s— (A) Policies and procedures for determining the credit hours, as
defined in 34 CFR 600.2, that the institution awards for courses and programs;
and (B) The application of the institution’s policies and procedures to its
programs and coursework; and (ii) Makes a reasonable determination of
whether the institution’s assignment of credit hours conforms to commonly
accepted practice in higher education.
(2) In reviewing and evaluating an institution’s policies and procedures for
determining credit hour assignments, an accrediting agency may use sampling
or other methods in the evaluation, sufficient to comply with paragraph
(f)(1)(i)(B) of this section.
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§ 602.24 Additional procedures certain institutional accreditors must have
(cont.)
(3) The accrediting agency must take such actions that it deems appropriate to
address any deficiencies that it identifies at an institution as part of its reviews
and evaluations under paragraph (f)(1)(i) and (ii) of this section, as it does in
relation to other deficiencies it may identify, subject to the requirements of this
part.
(4) If, following the institutional review process under this paragraph (f), the
agency finds systemic noncompliance with the agency’s policies or significant
noncompliance regarding one or more programs at the institution, the agency
must promptly notify the Secretary.
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State Authorization (Federal Register p. 34872)
§ 600.9 State authorization.
(a)(1) An institution described under §§ 600.4, 600.5, and 600.6 is legally
authorized by a State through a charter, license, approval, or other document
issued by an appropriate State government agency or State entity that affirms
or conveys the authority to the institution to operate educational programs
beyond secondary education, including programs leading to a degree or
certificate.
(2) An institution is considered to meet the provisions of paragraph (a)(1) of this
section if the institution is authorized to offer educational programs beyond
secondary education by the Federal Government or, as defined in 25 U.S.C.
802(2), an Indian tribe.
(3) An institution is considered to be legally authorized to offer educational
programs beyond secondary education if it is exempt from State authorization
as a religious institution under the State constitution.
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§ 600.9 State authorization (cont.)
(b) The Secretary considers an institution to be legally authorized by a State under
paragraph (a)(1) of this section if—
(1) The authorization is given to the institution specifically to offer programs
beyond secondary education but not if the authorization is merely of the type
required to do business in the State or to operate as an eleemosynary
organization;
(2) The authorization provided to the institution is subject to adverse action by the
State; and
(3) The State has a process to review and appropriately act on complaints
concerning an institution and enforces applicable State laws.
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Changes WASC is recommending to § 600.9 State authorization
(b)(4) In cases of 600.9 (b) (2) and (3) the state may delegate some or all
of its licensure function to an accrediting association recognized by
the Secretary of Education provided that the state agency documents
through a written memorandum of understanding (MOU) with the
accrediting association which includes at a minimum:
a) a procedure for periodic reports on actions taken by the Association in
regard to actions relation to institutions covered by the MOU, and
b) a procedure for handling of student complaints.
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Misrepresentation (Federal Register p. 34881)
Subpart F—Misrepresentation
§ 668.71 Scope and special definitions.
(c) The following definitions apply to this subpart:
Misrepresentation: Any false, erroneous or misleading statement an eligible
institution, one of its representatives, or any ineligible institution, organization, or
person with whom the eligible institution has an agreement makes directly or
indirectly to a student, prospective student or any member of the public, or to an
accrediting agency, to a State agency, or to the Secretary. A misleading statement
includes any statement that has the capacity, likelihood or tendency to deceive or
confuse. A statement is any communication made in writing, visually, orally, or
through other means. Misrepresentation includes the dissemination of a student
endorsement or testimonial that a student gives either under duress or because the
institution required the student to make such an endorsement or testimonial to
participate in a program.
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Subpart F—Misrepresentation
§ 668.71 Scope and special definitions (cont.)
Prospective student: Any individual who has contacted an eligible
institution for the purpose of requesting information about enrolling at the
institution or who has been contacted directly by the institution or
indirectly through advertising about enrolling at the institution.
Substantial misrepresentation: Any misrepresentation on which the
person to whom it was made could reasonably be expected to rely, or has
reasonably relied, to that person’s detriment.
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Subpart F—Misrepresentation
§ 668.72 Nature of educational program.
Misrepresentation concerning the nature of an eligible institution’s educational
program includes, but is not limited to, false, erroneous or misleading statements
concerning—
(a) The particular type(s), specific source(s), nature and extent of its institutional,
programmatic, or specialized accreditation;
(b)(1) Whether a student may transfer course credits earned at the institution to
any other institution; (2) Conditions under which the institution will accept
transfer credits earned at another institution;
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Subpart F—Misrepresentation
§ 668.72 Nature of educational program (cont.)
(c) Whether successful completion of a course of instruction qualifies a student—
(1) For acceptance to a labor union or similar organization; or (2) To receive,
to apply to take or to take the examination required to receive, a local, State, or
Federal license, or a non-governmental certification required as a precondition
for employment, or to perform certain functions in the State in which the
program or institution is located, or to meet additional conditions that the
institution knows or reasonably should know are generally needed to secure
employment in a recognized occupation for which the program is represented
to prepare students;
(d) The requirements for successfully completing the course of study or program
and the circumstances that would constitute grounds for terminating the
student’s enrollment;
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Incentive Compensation (Federal Register p. 66874)
§ 668.14 Program participation agreement.
(b) * * *
(22)(i)(A) It will not provide any commission, bonus, or other incentive payment
based directly or indirectly upon success in securing enrollments or the award
of financial aid, to any person or entity who is engaged in any student
recruitment or admission activity, or in making decisions regarding the
awarding of title IV, HEA program funds.
(B) The restrictions in paragraph (b)(22) of this section do not apply to the
recruitment of foreign students residing in foreign countries who are not
eligible to receive Federal student assistance.
(ii) Eligible institutions, organizations that are contractors to eligible institutions,
and other entities may make merit-based adjustments to employee
compensation provided that such adjustments are not based directly or
indirectly upon success in securing enrollments or the award of financial aid.
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§ 668.14 Program participation agreement (cont.)
(iii) As used in paragraph (b)(22) of this section,
(A) Commission, bonus, or other incentive payment means a sum of money or
something of value paid to or given to a person or an entity for services
rendered.
(B) Securing enrollments or the awards of financial aid means activities that a
person or entity engages in for the purpose of the admission or matriculation of
students for any period of time or the award of financial aid to students.
(1) These activities include recruitment contact in any form with a prospective
student, such as preadmission or advising activities, scheduling an
appointment to visit the enrollment office, attendance at such appointment, or
signing an enrollment agreement or financial aid application.
(2) These activities do not include making a payment to a third party for the
provision of student contact information for prospective students provided that
such payment is not based on the number of students who apply or enroll.
(C) Enrollment means the admission or matriculation of a student into an eligible
institution.
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Other Issues
• Gainful employment
• Satisfactory academic progress
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Comments on the proposed regulations are being
accepted until August 2, 2010 at:
• Federal eRulemaking Portal. Go to
http://www.regulations.gov to submit your comments
electronically. Information on using Regulations.gov,
including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available
on the site under ‘‘How To Use This Site.’’
• Postal Mail, Commercial Delivery, or Hand Delivery. If
you mail or deliver your comments about these proposed
regulations, address them to Jessica Finkel, U.S.
Department of Education, 1990 K Street, NW., room 8031,
Washington, DC 20006–8502.
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Thank you for joining us.
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