{"id":43053,"date":"2018-03-30T14:07:19","date_gmt":"2018-03-30T21:07:19","guid":{"rendered":"http:\/\/world.edu\/?p=43053"},"modified":"2018-03-30T14:08:59","modified_gmt":"2018-03-30T21:08:59","slug":"the-department-of-deregulation","status":"publish","type":"post","link":"https:\/\/world.edu\/the-department-of-deregulation\/","title":{"rendered":"The Department of deregulation"},"content":{"rendered":"

\"\"
\nAs reported in Politico\u2019s\u00a0Morning Education<\/a>\u00a0today, the Department of Education will be pursuing yet another regulatory agenda in the coming year, to include rewrite (or remove) \u00a0the state authorization rules, the credit hour rule, accreditation regulations, and the requirements for regular and substantive interaction with instructors in distance education programs. \u00a0This action comes while Congress is still considering the reauthorization of Higher Education Act–including eliminating several of these regulations and prohibiting their future regulation, if Chairwoman of the House education committee Virginia Foxx gets her way. \u00a0New America has weighed in on that legislative process with substantive\u00a0recommendations<\/a>\u00a0and\u00a0analysis\u00a0<\/a>on these and other issues. \u00a0But it seems that Secretary DeVos has little faith in Republican Congressional leadership and has decided to move forward with her own plan.<\/p>\n

Of note, the Department has yet to complete an outstanding regulatory agenda on two other Obama era rules, Gainful Employment and Borrower Defense. \u00a0With the addition of these topics to the regulatory slate, the message is clear: the Department\u2019s main focus is no longer to improve access to high-quality postsecondary education, but to undo important protections for taxpayers, students, and their families. Stay tuned as the process moves forward; our team will continue to follow these issues closely and provide more analysis. For now, though, here\u2019s a quick overview of what to expect from the upcoming rulemaking.<\/p>\n

State Authorization<\/strong><\/h4>\n

Dating all the way back to the National Defense Education Act of 1958 (the precursor to the Higher Education Act of 1965), state authorization has been a fundamental requirement for institutions to receive federal higher education dollars\u2014making access to taxpayer dollars predicated, in part, on a state\u2019s affirmative approval of an institution. Yet, under the DeVos regime, this long-standing feature of state sovereignty may now be in jeopardy.<\/p>\n

In 2010, the Department bolstered the role of the states by ensuring that states\u2019 approval of institutions be specific to higher education and that an institution\u2019s students have access to a consumer complaint system\u2014expanding a state\u2019s ability to oversee its institutions. Given a growing new medium for the delivery of postsecondary programs online, the Department published a rule to address those programs in 2016.\u00a0These regulations<\/a>, which would otherwise go into effect on July 1, showed deference to states\u2019 rights \u00a0and ensure, for federal purposes, that institutions offering educational programs in any state cooperate with state rules for doing so, regardless of physical location. The distance education rules also recognize arrangements among states for approval through reciprocity agreements\u2014an increasingly popular route for institutions to expand their programs to new states.<\/p>\n

If Secretary DeVos plans to move forward with a negotiated rulemaking on this issue, it will mark the third rulemaking on state authorization in less than a decade. This is overkill, especially since institutions have managed to comply with the brick-and-mortar rules thus far and the distance-education community has simply asked for guidance on two administrative issues pertaining to the state authorization of distance education rule (see our letter to Department\u00a0here<\/a>). It\u2019s perplexing that Secretary DeVos would use valuable public resources to re-regulate this issue now, especially when guidance would be an effective and less costly alternative. \u00a0As such, it\u2019s a regulatory action that is unnecessary at best, and negligent at worst.<\/p>\n

Credit Hour<\/strong><\/h4>\n

In an outcomes-focused world of federal financial aid, seat time and delivery model wouldn\u2019t necessarily matter. But we don\u2019t yet live in that world, so the credit hour definition serves as an important, albeit insufficient, buffer against fraud and abuse. While New America has long led the charge to \u201ccrack the credit hour,<\/a>\u201d pushing the federal government to allow federal dollars to go to high-quality, non-time-based programs through direct assessments and experiments, we are also aware of–and deeply concerned about\u2014the risks of gutting the credit hour rule.<\/p>\n

Before 2010, the job of defining credit hours rested solely with colleges and their accreditors. But reports from the Inspector General (IG) of the Department of Education found insufficient oversight by three regional accreditors that accounted for seventy percent of all financial aid awarded. In one case cited by the IG, an institution granted nine credits for a 10-week course\u2014far exceeding most colleges\u2019 awarding of three credits for 15-week courses. Although the accreditor called the credit-awarding policy \u201cegregious,\u201d it approved them anyway, leaving students and taxpayers to foot the bill. But it is the Department\u2019s job, not the accreditors\u2019, to determine federal financial aid eligibility, including assessing how much aid should be paid out for a student\u2019s courseload. When institutions inflate their credits, students and taxpayers are left holding the bag.<\/p>\n

Recognizing the potential scope of the problem, the Department created a definition of credit hour to both protect the integrity of the federal financial aid programs and allow for emerging non-time-based innovations in higher education. It does this by allowing for three distinct ways of defining a credit hour. The first effectively restates historic practice: Credits are awarded based on time\u2014time spent in class and time spent on work. The second is \u201cevidence of student achievement.\u201d The third method is estimating the \u201camount of work represented\u201d in achieving learning outcomes. Here the Department acknowledges that the amount of work spent learning and the time spent attending class aren\u2019t the same thing, suggesting that traditional 15-week semesters can be translated into \u201cthe equivalent amount of work over a different amount of time.\u201d Work was the Department\u2019s middle ground between time\u2014an easily measured but poor proxy for quality\u2014and learning, which is difficult to measure but a truer indicator of quality.<\/p>\n

That definition, with its consideration both for time-based and learning-based measures, has worked for many institutions that have launched competency-based education (CBE) programs in recent years. And while there are some time-based barriers to CBE programs that the Administration may want to work with Congress to address, it is vital to maintain a rule that establishes a minimum standard for the amount of time and\/or learning expected to represent a credit hour.<\/p>\n

Accreditation<\/strong><\/h4>\n

The odd man out on the planned regulatory agenda might be accreditation regulations\u2014in large part, because it\u2019s not clear Secretary DeVos has much of an agenda at all around accreditation, aside from welcoming back ACICS, one of the most notoriously bad accrediting agencies in the field, to\u00a0reapply<\/a>\u00a0last year as a \u201cnew\u201d accrediting agency. \u00a0And many of the regulatory standards accrediting agencies need to follow are actually\u00a0taken<\/a>\u00a0straight from the\u00a0statute<\/a>, leaving limited wiggle room for the Department to relax the already-lax requirements.<\/p>\n

But here\u2019s hoping the Secretary understands the\u00a0scope of the problem<\/a>\u2014and acts on it. The current accreditation system, which oversees the quality of education at every federal financial aid-participating institution in the country, has seen some massive failures in recent years. Accreditors overpromise and underdeliver on their ability and willingness to promote institutional improvement; many of them\u00a0fail<\/a>\u00a0to consider students\u2019 outcomes in a serious way; and most of the accrediting agencies fight transparency and oversight tooth and nail. Any overhaul of the accreditation regulations should encourage agencies to focus their reviews and take serious action on poor-performing institutions; require greater transparency into how accreditors make their decisions; and hold agencies to high standards in the Department\u2019s own recognition proceedings for accreditors.<\/p>\n

Regular and Substantive Interaction<\/strong><\/h4>\n

This may be the weediest of DeVos\u2019 very weedy consumer protection rollback agenda, but one to absolutely pay attention to if you care about equity and innovation. The law requires that distance education programs have \u201cregular and substantive interaction with the instructor;\u201d those that don\u2019t, are considered correspondence programs and subject to a host of limitations, including less federal financial aid.<\/p>\n

For the past few years there has been a robust, if niche, conversation about whether or how to update requirements for \u201cregular and substantive interaction\u201d with instructors for CBE programs. This issue broke into more mainstream higher ed news in September of last year when the Department of Education\u2019s Office of Inspector General (IG)\u00a0found<\/a>\u00a0that the bipartisan poster child for innovation, Western Governors University (WGU), did not provide students with this kind of \u201cregular and substantive\u201d interaction and, therefore, had been providing \u201ccorrespondence education.\u201d The implications of this were significant–the IG recommended that WGU no longer be able to provide its nearly 100,000 students with federal financial aid, and that it repay over $700 million in federal aid it had already received. Although there is no chance that the Department of Education will accept the IG\u2019s findings for WGU, the audit significantly elevated the issue. And while New America has considered ways to thoughtfully renvision the regular and substantive interaction requirement for high-quality CBE programs, it seems more likely Secretary DeVos will water down this requirement for all distance education programs, rather than carefully update it.<\/p>\n

As tempting as it may be to just throw out the regular and substantive requirement, we have to remember what led Congress to write the law in the first place and preserve those goals. It was a response to rampant fraud and abuse stemming from the increase in correspondence programs in the 1980s and 1990s, which came just a decade after rampant abuse in correspondence or \u201chome study<\/a>\u201d programs aimed at veterans fresh from the Vietnam War and flush with GI Bill dollars. These programs promised flexible options for working adults, but the availability of federal dollars\u2014with no strings attached to student outcomes for the institutions\u2014proved too tempting for unscrupulous providers to resist. Students were sold a bill of goods that left them with an education of little value.<\/p>\n

To reduce the risk of abuse and to make sure that students weren\u2019t simply left to \u201clearn on their own,\u201d Congress limited the amount of aid available to correspondence programs. So they created a definition of correspondence education in\u00a01992<\/a>, which said that correspondence programs had students separated from the instructor; were usually self-paced; and had limited interaction between students and the instructors that was primarily initiated by the student and wasn\u2019t regular and substantive.<\/p>\n

Since competency-based educational (CBE) programs share some\u2014but not necessarily all\u2014of these characteristics, the CBE community has been grappling with how to keep the intent of the law, while accounting for new faculty models that support student learning and a high-quality<\/a>education driven by outcomes. It\u2019s not an easy balance to strike. And even if the CBE community agreed on how to proceed, it\u2019s unclear whether the Department can (or would) regulate on regular and substantive interaction just for CBE programs, as opposed to all distance education programs. Unlike the CBE community, the distance ed community has not grappled with what revised definition that would also ensure quality would look like, and there wouldn\u2019t be much incentive to heighten the already-low standards. Instead, the Department should help learn more about smart ways to revise the regular and substantive interaction definition for CBE programs through its experiments\u2014where it\u2019s\u00a0currently learning next-to-nothing<\/a>\u00a0about how those programs are even meeting the requirement now, or how they\u2019d plan to change their models. A full rewrite without that information will no doubt wind up as little more than a giveaway of taxpayer dollars to low-quality distance education programs that harm students under the banner of innovation. \u00a0And it risks turning the highly bipartisan issue of promoting high-quality competency-based education into a highly partisan one.<\/p>\n","protected":false},"excerpt":{"rendered":"

As reported in Politico\u2019s\u00a0Morning Education\u00a0today, the Department of Education will be pursuing yet another regulatory agenda in the coming year, to include rewrite (or remove) \u00a0the state authorization rules, the credit hour rule, accreditation regulations, and the requirements for regular and substantive interaction with instructors in distance education programs. \u00a0This action comes while Congress is […]\n… learn more→<\/a><\/p>","protected":false},"author":33,"featured_media":43054,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[29],"tags":[185116],"coauthors":[11733],"class_list":["post-43053","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-higher-education","tag-deregulation"],"acf":[],"yoast_head":"\nThe Department of deregulation - World leading higher education information and services<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/world.edu\/the-department-of-deregulation\/\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:locale\" content=\"en_US\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:type\" content=\"article\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:title\" content=\"The Department of deregulation - World leading higher education information and services\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:description\" content=\"As reported in Politico\u2019s\u00a0Morning Education\u00a0today, the Department of Education will be pursuing yet another regulatory agenda in the coming year, to include rewrite (or remove) \u00a0the state authorization rules, the credit hour rule, accreditation regulations, and the requirements for regular and substantive interaction with instructors in distance education programs. \u00a0This action comes while Congress is […]\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:url\" content=\"https:\/\/world.edu\/the-department-of-deregulation\/\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:site_name\" content=\"World leading higher education information and services\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"article:published_time\" content=\"2018-03-30T21:07:19+00:00\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"article:modified_time\" content=\"2018-03-30T21:08:59+00:00\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:image\" content=\"https:\/\/world.edu\/wp-content\/uploads\/2018\/03\/cutting-red-tape.png\" class=\"yoast-seo-meta-tag\" \/>\n\t<meta property=\"og:image:width\" content=\"680\" class=\"yoast-seo-meta-tag\" \/>\n\t<meta property=\"og:image:height\" content=\"454\" class=\"yoast-seo-meta-tag\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/png\" class=\"yoast-seo-meta-tag\" \/>\n<meta name=\"author\" content=\"Kevin\" class=\"yoast-seo-meta-tag\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" class=\"yoast-seo-meta-tag\" \/>\n\t<meta name=\"twitter:data1\" content=\"Kevin\" class=\"yoast-seo-meta-tag\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" class=\"yoast-seo-meta-tag\" \/>\n\t<meta name=\"twitter:data2\" content=\"10 minutes\" class=\"yoast-seo-meta-tag\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/world.edu\\\/the-department-of-deregulation\\\/#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/world.edu\\\/the-department-of-deregulation\\\/\"},\"author\":{\"name\":\"Kevin\",\"@id\":\"https:\\\/\\\/world.edu\\\/#\\\/schema\\\/person\\\/42c1c1d5ff7ffbdf0bd50ed94c6ae6ee\"},\"headline\":\"The Department of deregulation\",\"datePublished\":\"2018-03-30T21:07:19+00:00\",\"dateModified\":\"2018-03-30T21:08:59+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/world.edu\\\/the-department-of-deregulation\\\/\"},\"wordCount\":1908,\"image\":{\"@id\":\"https:\\\/\\\/world.edu\\\/the-department-of-deregulation\\\/#primaryimage\"},\"thumbnailUrl\":\"https:\\\/\\\/world.edu\\\/wp-content\\\/uploads\\\/2018\\\/03\\\/cutting-red-tape.png\",\"keywords\":[\"Deregulation\"],\"articleSection\":[\"Higher Education\"],\"inLanguage\":\"en-US\"},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/world.edu\\\/the-department-of-deregulation\\\/\",\"url\":\"https:\\\/\\\/world.edu\\\/the-department-of-deregulation\\\/\",\"name\":\"The Department of deregulation - 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