A UNIVERSITY OF VERMONT LEGAL ISSUES IN HIGHER EDUCATION WEBINAR

JANUARY 23, 2013

KEN SALOMON

CHAIRMAN, DOW LOHNES GOVERNMENT STRATEGIES

Key Higher Education Issues in the New Congress

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Structure

Split congressional higher education jurisdiction: House and Senate/numerous committees

Authorization and Oversight of Higher Education Act and student aid programs Senate Health, Education, Labor, and Pensions Committee House Education and the Workforce Committee

Actual funding House and Senate Appropriations Committees

Judiciary, Science, and Commerce Committees among others with some jurisdiction

Lots of venues/lots of players

Today’s discussion only the Education Committees

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Some New PlayersSenate HELP Committee

Majority MinorityTom Harkin (Chairman, D-IA)Barbara Mikulski (D-MD) Patty Murray (D-WA) Bernard Sanders (I-VT) Bob Casey (D-PA) Kay Hagan (D-NC) Al Franken (D-MN) Michael Bennet (D-CO) Sheldon Whitehouse (D-RI) Tammy Baldwin (D-WI) Elizabeth Warren (D-MA)Christopher Murphy (D-CT)

Lamar Alexander (Ranking, R-TN) Michael Enzi (R-WY) Richard Burr (R-NC) Johnny Isakson (R-GA) Rand Paul (R-KY) Orrin Hatch (R-UT) Pat Roberts (R-KS) Lisa Murkowski (R-AK) Mark Kirk (R-IL) Tim Scott (R-SC)

Red- Indicates new to 113th committee roster

1/23/13

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Some New PlayersHouse Education & Workforce

Committee

Majority Minority Chairman John Kline (R-MN)Rep. Thomas E. Petri (R-WI)* Rep. Howard P. “Buck” McKeon (R-CA)* Rep. Joe Wilson (R-SC)* Rep. Virginia Foxx (R-NC)* Rep. Tom Price (R-GA)* Rep. Kenny Marchant (R-TX)* Rep. Duncan Hunter (R-CA)* Rep. David “Phil” Roe (R-TN)* Rep. Glenn Thompson (R-PA)* Rep. Tim Walberg (R-MI)* Rep. Matt Salmon (R-AZ)* Rep. Brett Guthrie (R-KY)* Rep. Scott DesJarlais (R-TN)* Rep. Todd Rokita (R-IN)* Rep. Larry Bucshon (R-IN)* Rep. Trey Gowdy (R-SC)* Rep. Lou Barletta (R-PA)* Rep. Martha Roby (R-AL)* Rep. Joseph J. Heck (R-NV)* Rep. Susan Brooks (R-IN) Rep. Richard Hudson (R-NC) Rep. Luke Messer (R-IN)

Ranking Member George Miller (D-CA)Rep. Robert E. Andrews (D-NJ)Rep. Robert C. "Bobby" Scott (D-VA)Rep. Rubén Hinojosa (D-TX)Rep. Carolyn McCarthy (D-NY)Rep. John F. Tierney (D-MA)Rep. Rush Holt (D-NJ)Rep. Susan A. Davis (D-CA)Rep. Raúl M. Grijalva (D-AZ)Rep. Timothy H. Bishop (D-NY)Rep. David Loebsack (D-IA)Rep. Joe Courtney (D-CT)*Rep. Marcia L. Fudge (D-OH)Rep. Jared Polis (D-CO)*Rep. Gregorio Sablan (D-Northern Mariana Islands)Rep. John Yarmuth (D-KY)*Rep. Frederica Wilson (D-FL)Rep. Suzanne Bonamici (D-OR)

*- Indicates return to committee Red- Indicates new to 113th Committee roster 1/23/13

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Primary Concern: The Budget

Budget, deficit and revenue issues are driving Congress

Budgetary process dysfunctional Congress no longer budgets and appropriates federal funds through its

normal process “Stopgap” appropriations have become the norm, each of which provides an

opportunity for discretionary program cuts

Meanwhile, Pell Grant program costs have exploded

In-school subsidies, year-round Pell, and other eligibility changes have squeezed Title IV funds

What’s next? It could be removing the housing allowance for distance education students,

which could be a Trojan Horse to remove the housing allowance for all Pell Grants

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Too Much Work, Too Little Time

The House and Senate authorizing committees have an enormous laundry list of education legislation overdue or coming due:

The Elementary and Secondary Education Act The Workforce Investment Act The Higher Education Act Plus

Pell Grant funding levels and student loan interest rates Near term issue for Senate HELP, however, likely to be

mental health issues related to school safety in the President’s gun violence initiative

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The Path to HEA Reauthorization

Two major issues Congress will focus on during HEA reauthorization

Cost of attendance Role of accreditation in higher education

We hear lots of angst, particularly Sen. Harkin (D-IA), but no solid reform proposals

Other issues Modification and interpretation of Title IV financial aid rules that could

potentially harm eLearning students (e.g., Last Day of Attendance, state authorization)

Data and outcomes will be front-and-center, and it is essential that such use of data is not unfairly construed against eLearning students

The role of technology and innovation broadly, from the proposed ARPA-ED to the fruits of the Department’s Investing in Innovation grants from the Recovery Act

1/23/13

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A Focus on e-Learning

Start with the fact of congressional/DoE skeptics

Conflation of e-Learning with private sector schools

Explosive growth lead to concerns Quality, integrity, cost of attendance, value,

outcomes What’s a MOOC?

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Previous Reauthorizations

The action on eLearning since 1992 1992 Reauthorization: Title IV funds allowed for distance

learning for the first time 1998 Reauthorization: Distance Education Demonstration

Program 2006 HEA Extension: Removal of the 50% Rule 2008 Reauthorization: Mostly technical changes, but some

on the margins, such as the definition of “distance education,” that have led to both DoE regulatory and enforcement roadblocks for institutions

No organized e-Learning representation in ’92,’98’ 06, or ’08

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This Time Could be Different

State authorization rule galvanized the community into action

Traditional sector belatedly realized that private sector funded schools not only ones affected

Scramble for relief/response

Various groups formed to develop ways to address state authorization

President’s Forum APLU/SHEEO

Congressional E-Learning Caucus formed Reps. Noem (R-SD) and Polis (D-CO) Potential to be a significant advocate in reauthorization

It is time for a coordinated voice to advocate for e-Learning

1/23/13

A UNIVERSITY OF VERMONT LEGAL ISSUES IN HIGHER EDUCATION WEBINAR

JANUARY 23, 2013

KEN SALOMONDOW LOHNES GOVERNMENT STRATEGIES

WASHINGTON, D.C.202 .776 .2566

KSALOMON@DOWLOHNESGOV.COM

Key Higher Education Issues in the New Congress