Transcript The SSAO & Federal Relations

LEARNING OBJECTIVES
 To Understand current implications of federal policies and regulatory issue
that specifically impact student affairs.
 To gain insight on how to best navigate and manage the added
responsibility of federal policies and regulatory issues in your role as SSAO.
 To understand the future landscape of new or changing policies and their
impact on higher education.
COLLECTION OF ISSUES
 Group Introductions
 Policies impacting your role
 Regulations impacting your role
 Policies/Regulations creating hardships on staff and
students
HIGHER EDUCATION AND FEDERAL
POLICY LOBBYING EFFORTS
 1950s began a more systematic way of lobbying the federal government:
GI Bill, Post War Years led to desires for a college degree within the middle
class. Growing Prominence led to desire for share of federal dollars.
 Political unrest on campuses in the 1960s provoked a conservative backlash,
concerned that the government would crack down on colleges’ historic
autonomy, higher ed stepped up its Washington presence.
 1968 American Council on Education took over One Dupont Circle and declared
themselves as the unifying voice of higher education.
 1972 Congress was considering ways to expand college access, colleges
advocated an
approach where the federal government would give funding to
institutions to subsidize
low income students, Congress in turn gave
those funds directly to students to use at
the college of their choice –
Senator Claiborne Pell of Rhode Island. This was
seen as a lack of
lobbying sophistication.
LOBBYING EFFORTS, CONTINUED
 As a result, 1976 led to the creation of NAICU, the purpose of the creation was to
lobby the government more effectively.
 Federal role continued to grow with increase in subsidizing research more heavily and all
aspects of college life, gender equity of sports and campus safety.
 1994 elections gave us the Republican takeover of Congress and the efforts to cut all of
federal spending, including higher education. Efforts to cut financial aid were thwarted as
were the efforts to eliminate affirmative action programs.
 1995 led to a threat to college autonomy with the Department of Education’s efforts to
audit institutions it felt were financially mismanaged. Higher education lobbyists banded
with conservative allies and eliminated the program.
 Higher Ed Lobby is described as aggressive but understated, money is not the main level
of power – in the late 2000s – higher ed associations spent $6.2M on lobbying compared
to private entities as GE who spent $24.2M. Due to the status of 501© (3), under the tax
code associations are only allowed to spend no more than 20% of their budget on these
efforts.
LOBBYING EFFORTS, CONTINUED
 Higher Ed wields power in two effective subtle ways:
Inside game, quiet sit down meetings and often focus on the technical
questions of policy. Congressional staffs depend on institutions and
associations to help them make sense of complicated legislative proposals
and the impact on students.
Skillful use of its hometown ties, colleges typically have prominent positions
in the economic, cultural and civic life of their communities, often giving
Members of Congress much needed visibility and the admissions process of which most
will deny has over the years been a way to “take
care of those close”.
Over the years, more associations were formed to address specific constituencies.
1997, Art Levine wrote that the change in the government’s behavior toward higher
education was a result of the status of higher education as a mature
industry, a increase in demand for public resources and a new
saturated
enrollment market.
LOBBING EFFORTS, CONTINUED
Constance Ewing Cook wrote an article in the Journal of Higher Education entitled
Lobbying for Higher Education: How Colleges and Universities Influence
Federal Policy. The article reviewed government relations at a national level and
examines higher education association lobbying efforts. She based her findings
on a 1994 survey of responses from 1500 college and university presidents on their
thoughts and satisfaction with the “big six”
and their federal relations; ACE,
AASCU, NAICU, AAU, AACC, NASULGC.
Largest Challenge up until now was the 104th Congress slashes in education spending, the
lobbying efforts were seen as successful.
Continued Struggles:
• Take a united stand or compromise under a collective position – which some feel it
dilutes the higher ed voice
• Should Higher Education lobby like a trade association, using PACs or take the “high
ground” and expect Congress to go along. The survey she took revealed that college
presidents felt Congress would perceive higher ed as a “special interest” and not a
public interest as it is now seen.
SSAO ROLE IN THE FEDERAL/STATE
POLICY DISCUSSION
 Administrative Issues
Diminishing Resources
Compliance/Regulatory Issues
Strategic Planning
 Student Learning & Success Related Issues
Completion/Graduation Rate
Persistence
Assessment & Accountability

Survey of SSAOs Sponsler/Wesaw
SSAO ROLE IN THE FEDERAL/STATE
POLICY DISCUSSION
 Top Three Health, Wellness and Safety Issues
Mental Health Concerns
Alcohol Abuse
Illicit Drug Abuse
 Top Three Campus Culture Issues on Campus
Changing Student Demographics
Diversity, Equity & Inclusion
Campus Safety
TOP ISSUES FACING HIGHER
EDUCATION POLICY
 Renewing Higher Education Reauthorization Act
 Accreditation
 Workforce Development – Skills Gap
 College Costs/Containment/Price Sheet
 Quality Assurance
 Assessment
 Economy/Cost-Value Comparisons
 Mixed Messages for Policy Makers
 Future of Student Aid
 Tax Issues
 MOOCs
 Immigration
Forbes 2/14 & Assoc of Governing Boards & Governing Magazine 3/28/14
2014 TOP STATE ISSUES
FACING HIGHER EDUCATION
 Harnessing Higher Education to Address State Economic Goals
 Agreements linking State Funding & Tuition Policy
 Allocation of State Higher Education Appropriations
 State Attainment and College Completion Goals
 Vocational & Technical Education
 College Readiness
 STEM Related Initiatives
 State Capitol Outlay & Maintenance Funding
 Guns on Campus
 Immigration
AASCU Policy Matters
LOBBYING ON BEHALF OF
HIGHER EDUCATION
 University Based/Professional Role
Primary Contact (PC) with State/Federal Government
President’s Council
Contact with PC – Regular Meetings
Communication Lines
University Priorities/Research vs Policy
Staff Involvement
 Personal Role in Lobbying
Clarification from Institution
Association Affiliation
Concerned Citizen
Impact on Institution
CURRENT FEDERAL POLICY ISSUES
 Budget
 Immigration
 Tax Issues Impacting Higher Education
 Higher Education Reauthorization/Hearings
 Negotiated Rulemaking
Gainful Employment
VAWA
 Rankings Scorecard-Presidents Plan for College Costs
 MOOCs
 Globalization
 ACA update/Employer Clarification
 NCAA/Unions- Northwestern Ruling
POLICY & COMPLIANCE
 Leadership Role in Issues, within division and on campus
 Policy Challenges
Timeliness
State vs Federal
 Compliance Challenges
Central tracking system
Support for compliance
State vs Federal
Support within Division
New Professionals
Mid Level Managers
Graduate Programs
FEDERAL POLICY KEY PLAYERS AND PATHS
 Executive Branch
President Obama
Secretary of Education Arne Duncan, Asst Secretary for Postsecondary
Education – Erika Miller
Secretary of Labor Thomas Perez
 Legislative Branch
House of Representatives, Education and the Workforce
Chairman Kline, MN; Ranking Member George Miller, CA
Subcommittee – Higher Education and Workforce Training,
Chairwoman Foxx, North Carolina; Ranking Member Reuben Hinojosa, TX
Senate, Health, Education, Labor and Pensions
Chairman Harkin, IA; Ranking Member Alexander, TN
Subcommittee – Children and Families
Chairwoman Hagan, NC; Ranking Member Enzi, WY
LEGISLATIVE PROCESS
 Member champions issue, leg counsel writes a bill
 Submits to Chamber, either on the docket or read once and goes to jurisdictional
committee
 Rarely fast tracked
 Committee either moves to subcommittee or sits on it
 Typically moves through a hearing process then voted on
 Moves to full Committee, then hearings at full committee level
 Could be pulled onto the floor schedule, but has to pass through Rules committee
 Floor action
 Many bills are introduced knowing they will never be voted on as a stand alone bill
but to be rolled into another bill
LEGISLATIVE ISSUES
 2015 President’s Budget
The Pell Grant Program: Level-funded at $22.8 billion, which would allow the maximum award to
increase $100 to $5,830 because of an automatic, mandatory increase in funding. That increase
would take effect in the 2015-2016 academic year. The plan also calls for strengthening the
“academic progress requirements in the Pell Grant program to encourage students to complete
their studies on time.”
CBO release study – $3.57 B surplus for FY2015, shortfalls for FY2016 and beyond
TRIO ($838 million), GEAR UP ($302 million), and the Graduate Assistance in Areas of National Need
Program ($29 million) would receive level funding.
Federal Work-Study: Level-funded at $975 million.
The Supplemental Education Opportunity Grant Program: $733 million, a cut of $1 million from FY
2014.
National Institutes of Health: $30.2 billion, an increase of roughly $200 million from FY 2014.
National Science Foundation: $7.255 billion, an increase from $7.180 billion in FY 2014.
First In The World: $100 million, an increase of $25 million from FY 2014.
First In The World for Minority-Serving Institutions: $75 million for Title III institutions “to undertake
reforms and pursue innovations to improve the performance of those institutions in enrolling and
graduating low-income students.”
LEGISLATIVE ISSUES
 New Proposed Funding in 2015 President’s Budget
The Obama administrations college ratings plan: $30 million total “for pilot and demonstration
programs” with $10 million of that total going to “support for the development and refinement of
a new college rating system”
State higher education performance fund: $4 billon over four years (with $1 billion in FY15) for a new
competitive matching grant program for states to support, reform and improve the performance
of their public higher education systems (a version of the Race to the Top: College program first
proposed in FY 2013).
College opportunity and graduation bonus: $7 billion over ten years (with $647 million in FY15) to
support a program to reward colleges that successfully enroll and graduate a significant number
of low- and moderate-income students on time and encourage all institutions to improve their
performance.
LEGISLATIVE ISSUES
 Tax Plans in 2015 President’s Budget
Permanently extend the American Opportunity Tax Credit.
Eliminate taxability of loan amounts forgiven under Income-Based and
Income- Contingent repayment programs.
Make Pell Grants excludable from taxable income, and better coordinate Pell
Grant and AOTC.
Cap the tax value of certain itemized deductions, including the charitable
deduction, for upper-income taxpayers.
LEGISLATIVE ISSUES
 Immigration
Senate passed S.744 included a path to citizenship for students (DREAM ACT)
Holding in House – will be in pieces not a comprehensive bill – created a link for
success of border security to path to residency/not citizenship – higher ed community
is supporting for the DREAM Act, modernization of the green card
process for advanced
degree graduates and modernization of non-immigrant visas
Mores success for Dream Act like provisions at the state levels – 17 states have
passed provisions allowing for undocumented students to receive in-state tuition –
TN just pulled the proposal from consideration. 17 states: California, Colorado,
Connecticut, Illinois, Kansas, Maryland, Minnesota, Nebraska, New Mexico, New
Jersey, New York, Oregon, Texas, Utah, and Washington. Two states—Oklahoma
and Rhode Island— allow in-state tuition rates to undocumented students through
Board of Regents decisions.
LEGISLATIVE ISSUES
 Tax Issues Impacting Higher Education
Presidents Proposals –
Permanently extend the American Opportunity Tax Credit.
Eliminate taxability of loan amounts forgiven under Income-Based and
Income- Contingent repayment programs.
Make Pell Grants excludable from taxable income, and better coordinate
Grant and AOTC.
Cap the tax value of certain itemized deductions, including the charitable
deduction, for upper-income taxpayers.
Pell
LEGISLATIVE ISSUES
 House of Representatives Higher Education Tax Reform Proposals
Combine the various education-related tax breaks into one, making permanent the
American Opportunity Tax Credit & making it more refundable (more accessible to lowincome students) than the existing higher education credits. The credit would be available
only for the first four years of college, excluding graduate education.
Repeal several tax breaks that help students and families, including the in-school interest
deduction on student loans, the exemption for most student loan forgiveness programs,
and the popular tax break that flows to employers who pay their employees' education
expenses.
Make taxable any tuition waiver or remission that college employees (or their children) get
from their own or other postsecondary institutions -- a popular benefit for those working in
higher education, including graduate students.
Limit to $1,200 (in 2014) the amount of a student employee's earnings that are exempted
from Social Security tax.
TAX PROPOSALS, CONT.
Continue to exempt from unrelated business income tax the income that universities
derive from research -- but only if the research is made available to the public.
Require colleges and other nonprofit organizations to pay tax on royalties that they derive
from the sale or licensing of their name or logo, which could have significant implications
for college sports programs.
Include coaches among the higher education employees whose high salaries can trigger
excise taxes for excessive compensation.
Eliminate the tax break that allows patrons who buy tickets for college athletic events
(including five-figure seat licenses for the right to buy tickets) to deduct up to 80 percent
of the cost of their tickets as a charitable gift.
LEGISLATIVE ISSUES
 Higher Education Reauthorization



Timing
Hearings in House and Senate
Issues to Include:
College access, persistence and completion;
Better information for consumers;
Student loan programs;
Accreditation and appropriate oversight;
College affordability and cost reduction;
Innovation to benefit students;
Federal regulatory burden;
Special focus programs;
Transfer of Credits.
LEGISLATIVE ISSUES
 Department of Education Negotiated Rulemaking
Gainful Employment – 2nd round
ED measures repayment rates and evaluates programs based on debt-to-income ratios
and cohort default rates. It cut a provision that immediately ended federal financial aid
eligibility for a program with a cohort default rate of more than 40 percent. And it would
affect even more programs than ED’s initial proposal.
Over 11,000 programs would fail under this proposal. As a consensus was not achieved by
the negotiators at the close of last week’s session, ED will now unilaterally draft the final
version of the regulations. Cohort default rates would be judged for any program with more
than 30 students enrolled, and debt-to-income ratios would be judged for any program
with more than 10 students. Of those programs, 13 percent, or 1,496, would fail - more
than quadruple the number who failed the 2011 final rule.
Programs in imminent danger of failing would have to post a letter of credit or set aside a
portion of financial aid funds for borrower relief.
LEGISLATIVE ISSUES
 VAWA – Campus SAVE Act sponsored by Senator Casey included in
Reauthorization
 1992 to add a requirement that schools afford the victims of campus sexual assault certain
basic rights
 1998 amended to expand the reporting requirements.
 2000 and 2008 added provisions dealing with registered sex offender notification and
campus emergency response.
 2008 amendments also added a provision to protect crime victims, "whistleblowers", and
others from retaliation.
 Consortium nominated 3 individuals and two are on panel, Dr. Dennis Gregory, Dr. Lisa Erwin
 Consortium submitted comments on the original proposal
 March 31st and April 1st - last sessions
 Proposed language
 Opportunity to comment on final rule before issued
LEGISLATIVE ISSUES
 Rankings Scorecard/Presidents Plan on College Costs
Paying for Performance
Tie financial aid to college performance, starting with publishing new college ratings
before the 2015
school year. Challenge states to fund public colleges based
on performance. Hold students and colleges receiving student aid responsible for
making progress toward a degree.
College Scorecard - rankings based on:
Access, such as percentage of students receiving Pell grants;
Affordability, such as average tuition, scholarships, and loan debt; and
Outcomes, such as graduation and transfer rates, graduate earnings, and
advanced degrees of college graduates.
LEGISLATIVE ISSUES
$1B for Race to the Top for Higher Education
Incentives for creative solutions at the state level, state high school
transition programs, etc.
Pell Bonus
Institutions that reflect accountability and results by enrolling and
graduating low to moderate income students
Require student performance and accountability –
Required to complete a certain number of credits before funding is
continued
LEGISLATIVE ISSUES
Promoting Innovation and Competition
Challenge colleges to offer students a greater range of affordable, high-quality options than they do
today.
Give consumers clear, transparent information on college performance to help them make the
decisions that work best for them.
Encourage innovation by stripping away unnecessary regulations.
Award Credits based on learning not seat time
Use technology to redesign courses- MOOCs
Use technology for student services-MOOCs for learning communities – Degree Compass Program
Award dual enrollment HS/College Credits to expedite degree length
Reduce Regulatory Burdens – Pell grant options, distance ed barriers
$260 M First in the World Program – Dept of Labor $500M grants to community colleges
LEGISLATIVE ISSUES
Ensuring that Student Debt Remains Affordable
Help ensure borrowers can afford their federal student loan debt by allowing all
to cap their payments at 10 percent of their monthly income.
borrowers
Reach out to struggling borrowers to ensure that they are aware of the flexible options
available to help them to repay their debt.
All Borrowers eligible for Pay as you learn - payments are capped at 10% of their monthly
income
Borrowers Enrolled in Pay as you learn with Treasury
LEGISLATIVE ISSUES
 MOOC – Massive Open Online Courses
Development of MOOCs – Coursera, Udacity, Institutions
Unmet need for higher education?
Inability for institutions to provide sufficient higher education?
Connectivity
Impacts – services provided, transfer of credits, for-profits,
Blending
Reauthorization
LEGISLATIVE ISSUES
 Globalization of Higher Education – impact on accountability/access
Access and Capacity challenges: Population Distribution: Migration,
Aging
Shifting patterns of production and consumption make the role of higher
responding of employment alignment issues uncertain—what kinds
of
a society need?
Mobility &
education in
workers does
Interdependence dynamics overwhelm national policy capabilities, in finance,
migration, government revenues, and education
Developments of global system produce unintended consequences such as climate
change, pollution, etc—which in turn affect curricular responsibilities.
Promotion of market solutions and autonomy has resulted in expansion of private HE
markets often in situations of insufficient regulation, thus affecting quality.
Ten Globalization Challenges to Higher Education Quality and Quality Assurance
Deane Neubauer
LEGISLATIVE ISSUES
Eroding of traditional methods of knowledge and standards, consequences of teaching and
student responsibilities
Notions of global competitiveness produce dynamics such as rankings, which are inherently
reductionist
Instability and change within economic production systems produce instability within job
systems, thereby aggravating the misalignment between higher education and job markets –
every country with an industrial base is being forced to change and adapt quickly
Knowledge creation, knowledge transmission, and knowledge conservation. Part of the
analysis of globalization’s impact on higher education is the challenge posed by other social
institutions in the performance of these customary functions - the more subtle shift away from
higher education’s role in cultural preservation and extension.
LEGISLATIVE ISSUES
 The Move toward the “Athlete Student”
Northwestern Case and implications
Regional Board of NLRB approved, school will appeal to National Board in DC
Decision applies to private schools only
Union rules vary from state to state impacting recruiting
Demands on student services from Athlete Unions
Impact on women’s sports, some big earning sports programs pay for other
smaller programs on those campuses
Performance requirements? Firing?
SUPPORT IN FEDERAL/STATE RELATIONS
What will help you in your role?
What can your professional associations
provide?
QUESTIONS?
Carol Graves Holladay
[email protected]
202-543-9398
202-669-7039