Election Day is Tuesday, November 6th, 2018. Remember to vote and encourage your students to do the same! It’s not just a good idea, it’s the law.
Under the Higher Education Act, schools and colleges must make a good faith effort to distribute voter registration forms to students. Voter registration forms must be made widely available and be provided to each enrolled student for federal elections and state elections for governor or other State chief executive.
Since 2008 a provision included in the Higher Education Opportunity Act has allowed colleges to, electronically distribute the voter registration forms to enrolled students by providing an internet address where such a form can be downloaded. The information must be in an electronic message devoted exclusively to voter registration and distributed to each enrolled student to be considered in compliance with the distribution requirements.
Voter Registration requirements don’t apply to institutions in states that do not have a voter registration requirement or that allow voters to register at the time of voting. Thus. schools in some states such as Idaho, Minnesota, New Hampshire, North Dakota, Wisconsin, and Wyoming are exempt from this requirement. In every other state, schools must request voter registration forms from the state at least 120 days prior to the state’s deadline for registering to vote. If a school does not receive the forms within 60 days prior to the deadline for registering to vote in the state, it is not liable for failing to meet the requirement during that election year.
Is your institution complying with all relevant consumer information policies?
Title IX protects people from discrimination based on sex in education programs or activities at more than 7000 postsecondary institutions that receive Federal Financial Assistance. Last month, the U.S. Department of Education’s Office For Civil Rights announced they were withdrawing some Title IX policies and guidance issued under the Obama administration. The guidance that has been rescinded includes an April 4, 2011 Dear Colleague Letter on Sexual Violence and an OCR Q&A on Title IX and Sexual Violence from 2014. The Department also announced they will readdress the standards for Title IX through the negotiated rulemaking process later this year.
In the interim, the Department issued new guidance for institutions about how it will assess a school’s compliance with Title IX. A seven page document released by ED’s Office for Civil Rights, outlines a school’s responsibilities to address sexual misconduct.
The biggest change at issue is a change in the procedures a school should follow for resolving cases of reported sexual misconduct. Under the old guidance, schools were required to use the “preponderance of the evidence” standard when adjudicating and resolving allegations of student on student misconduct. Under the new guidance, findings of fact and conclusions should be reached by applying either a preponderance of the evidence standard or a clear and convincing evidence standard.
Some supporters of the move to rescind these rules have long called for a higher standard of proof to be used in cases of rape and sexual assault such as those used by criminal courts where the burden is proof for vicious crimes is “beyond a reasonable doubt”. Supporters of the new OCR guidance see this as an opportunity for individuals accused of committing these crimes to get due process.
Opponents and advocates of victims defended the preponderance of the evidence standard say that requiring colleges to judge a case based on the higher evidentiary standard of beyond a reasonable doubt is extremely difficult. Colleges are not courts after all and it’s important to remember that schools are conducting disciplinary hearings, not civil or criminal court cases.
So what else changed?
Under the interim guidance, schools have some new flexibility including the discretion to apply either the preponderance of the evidence standard or the clear and convincing standard. Although schools are not required to allow appeals, they may choose to allow appeals solely from the accused or both parties. Mediation is also now permissible if a school deems it appropriate, and both parties agree voluntarily.
The OCR also made several recommendations to schools including one that schools should provide written notice to the accused, including sufficient details and with adequate time to prepare a response before initiating any proceedings. The OCR also recommends that schools provide written notices of the outcome of disciplinary hearings to both parties, at the same time.
No date has been set for the upcoming comment and negotiation periods.
September 17 is Constitution Day.
Constitution Day commemorates the September 17, 1787 signing of the United States Constitution by the delegates of the Constitutional Convention.
Each Educational institution receiving Federal funding is required to hold an educational program for its students about the United States Constitution on September 17 of each year. When September 17 falls on a Sunday as it does this year, institutions may provide their Constitution Day programming during the preceding or following week. This year, most schools and colleges will be conducting their Constitution Day events on Monday September 18.
Since it became a requirement in 2005, schools and colleges across the country have commemorated the day with a variety of educational programs, lectures and events to inform students about the constitution, their rights and their responsibilities as Americans.
Today, at the intersection of liberty and tyranny this programming is especially important on college campuses.
To aid in planning your Constitution Day activities we’ve created a list of five exceptional resources for schools:
- Get a Free copy of the U.S. Constitution from the National Archives website.
- Sign up for “Introduction to Key Constitutional Concepts and Supreme Court Cases,” an on-demand course that starts with the creation of the Constitution and wraps up with modern issues and how the Constitution is applied to them. The course includes 24 short videos, a study guide, and quizzes. University of Pennsylvania law professor Kermit Roosevelt is the lecturer.
- The Annenberg Classroom has a free brochure about teaching the Constitution which provides more than 60 additional resources from interactive games on the Constitution to downloadable books to engage your students.
- Check out the resources on ConstitutionDay.com The website contains educational materials, flyers, and other information to help you celebrate Constitution Day right.
- The Library of Congress American Memory site provides several special presentations including “The Making of the U.S. Constitution” which provides Transcription of the Introduction and the U.S. Constitution
from the First Volume of the Annals of Congress.
How does your campus celebrate Constitution and Citizenship Day? Share your plans with us on Twitter @HigherEdPete
Do you know the difference between the Annual Security Report and the Campus Safety and Security Survey?
Every school that receives Title IV FSA Funds, is required to publish an Annual Security Report by October 1st of each year. If your campus has on-campus student housing, you must also publish an Annual Fire Safety report by October 1st of each year. Your Campus Crime Survey is NOT your annual security report.
Although the Annual Security Report and the Annual Fire Safety report disclose similar data to the Campus Safety and Security Survey, it’s important to note the difference because they are two completely different things.
Think of it like this. The required annual report contains not only the crime statistics your school reported in the preceding years Security Survey, but also all of your institution’s safety and security polices and fire safety policies.
The annual security report and fire safety reports are to be published and disseminated to students and employees each year. Your institution may not use its participation in the survey to fulfill its annual report dissemination requirement. Nor may an institution simply provide a link to the Office of Postsecondary Education’s public website to fulfill the requirement. This is extremely important to note for compliance purposes since some schools have been cited for things like inadequately developed safety and security policies and failure to make the required annual disclosure.
In case you missed it, the Handbook for Campus Safety and Security Reporting was recently updated and includes information about Campus Security Policy Requirements. You can read it here.
Are you ready to begin reporting for this year’s Campus Crime Survey?
The Campus Crime and Security Survey, is due by October 1st of each year. The survey collects information regarding campus crime statistics. Schools are required to report certain statistics to ED’s Office of Postsecondary Education about crimes that occurred on campus using data maintained by their campus security department or designated school officials responsible for maintaining a security log. Additionally, schools are required to report any statistics provided from local or state police agencies.
Reporting Campus Crime requires input from local law enforcement authorities.
A school must make a reasonable effort to obtain the required statistics from police departments and as a best practice should keep documentation of their efforts to do so, as well as any responses they receive. Although the Campus Crime and Security Survey has historically had a one-hundred percent response rate from schools each year, some schools have been cited for failing to keep supporting documentation, and even failing to reach out to their local police. Some schools have even been cited for failing to disclose certain crimes, particularly those covered under Title IX and VAWA which include forcible sex offenses. All of the information schools report each year is extremely important for providing a safe environment for students and staff and keeping them informed about campus safety and security.
All Title IV postsecondary institutions are required to participate in this data collection with two exceptions:
- If your institution has a campus that opened after January 31st in the latest calendar year for which the survey collects data, that campus isn’t required to complete the survey. For example, if the campus opened in September 2016, the campus shouldn’t complete the 2017 survey which collects statistics for the entire 2016 calendar year. The campus is, however, required to comply with all other HEA safety- and security-related requirements and will be required to complete the 2018 survey.
- If yours is a distance education-only institution, the institution isn’t required to complete the survey.
In August the survey website will open for online registration. The link for the website is:http://surveys.ope.ed.gov/security/
A new User ID and Password is issued each year. Registration certificates went out in mid-July so you should be receiving a registration certificate by mail, which contains a user ID and Password to register on the survey website. Once registered, you can begin entering information for the data collection. OPE published a new Campus Safety Users Guide in 2017 which you can read here for more info.
According to the most recent reports from the U.S. Department of Education, almost half of the top 10 program review findings are consumer information violations. Fines can exceed $30,000 per violation, and that means the cost of non-compliance can be extreme. Our Consumer Information Assessment can help you avoid fines and penalties by providing a confidential, comprehensive peer review of all required disclosure and reporting requirements.
Student Consumer Information has been the sole focus of many recent program reviews. There are more than forty different policies and disclosures that must be made to students, either on your school’s website or in other publications such as the school catalog or student handbook.
Many of these disclosures must be updated and distributed to students annually. Additionally, schools must report data to the U.S. Department of Education each year to stay in compliance, including: IPEDS, FISAP, Teacher Preparation, Campus Crime Statistics, Intercollegiate Athletic Program Participation Rates, Gainful Employment and information about student outcomes such as graduation, retention and placement rates.
Assessing your institution’s compliance with consumer information disclosure and reporting requirements can help you stay ahead of problems while ensuring that current and prospective students as well as the public at large have all of the information they need to make informed decisions about your school.
Learn More about managing your college’s risk. Contact Us Today 203-836-4806 | Info@ed-executives.com
Gainful Employment Electronic Announcement #99 includes a comprehensive discussion of the student warning requirements. Institutions have 30 days from the date of the issuance of Final D/E rates (on or before Wednesday, February 8, 2017) to begin providing warnings to students for any GE program that is at risk of losing eligibility for Title IV aid based on the program’s next D/E rates.
Under the regulations at 34 CFR 668.403(c)(4), a GE program will lose eligibility if it is a failing program in two out of three consecutive years or if it is a failing or zone program in four consecutive award years. Therefore, for this first round of D/E rates, warnings are required for any GE program with a failing rate because that program could lose eligibility if it has a failing rate the following year.http://bit.ly/2iC0AoX
Following what the U.S. Department of Education cited as a coding error, ED corrected a significant error in loan repayment rates on the College Scorecard and Financial Aid Shopping Sheet. Since its release in 2015, the College Scorecard has been promulgated as a tool to assist students and families choosing a college.
According to Lynn Mahaffie, a senior department of education official, “an error in the original college scorecard coding to calculate repayment rates led to the undercounting of some borrowers who had not reduced their loan balances by at least one dollar, and therefore inflated repayment rates for most institutions”.
As a result of the correction, institutions across all sectors of higher education saw a significant reduction in their 3, 5, and 7 year repayment rates. On average, three-year repayment rates fell by 20% from 61% to 41%, five-year repayment rates fell 14% from 61% to 47% and seven-year repayment rates fell 9% from 66% to 57% according to analysis by Robert Kelchen, an assistant professor of higher education at Seton Hall University.
Institutions using the 2017-2018 shopping sheet should be aware that the errors on the College Scorecard impact the data output on the Financial Aid Shopping Sheet. All schools should download the revised institutional metrics data file which is programmed with the correct formula needed to update and correct the shopping sheet using the corrected college scorecard data.
The institutional metrics data file is updated on an annual basis. Data used to populate the metrics on the Shopping Sheet comes from ED’s Integrated Postsecondary Education Data System (IPEDS) and National Student Loan Data System (NSLDS), through the College Scorecard. Therefore, accurate institutional reporting to IPEDS and to NSLDS is necessary to ensure that correct information is populated within the Shopping Sheet metric data file and, ultimately, made available to students.
The U.S. Department of Education recently released the annual updates for the 2017-2018 financial aid shopping sheet components. Schools can now begin implementing the 2017-2018 FA Shopping Sheet earlier thanks to the Early FAFSA.
The shopping sheet is a resource to help consumers understand their educational costs and the aid available to meet those costs. The standardized format which may be used as a stand-alone award letter or as a cover sheet to an institution’s existing award letter helps consumers compare the cost of attendance and aid awards across schools. Since it’s inception in 2012, over 3000 institutions are using the shopping sheet, with many of them doing so after first voluntarily adopting the Principles of Excellence outlined in Executive Order 13607.
Back in 2012, the White House issued Executive Order 13607, which created the Principles of Excellence for Educational Institutions Serving Service Members, Veteran, Spouses and Other Family Members. The principles apply to all postsecondary schools that receive funding from any of the federal military and veterans educational benefits programs such as the Post 9/11 GI Bill and Tuition Assistance Program as well as veterans vocational rehabilitation and other programs. One of the principles requires institutions to provide affected students with a personalized and standardized form describing students’ educational costs and how those costs may be covered by financial aid. The Financial Aid Shopping Sheet helps institutions satisfy that principle.
Vote on Election Day – November 8th 2016
Tuesday, November 8th is Election Day. Remember to vote and encourage your students to do the same!
Schools in most states and the District of Columbia must make a good faith effort to distribute voter registration forms to their students. Each school must make the forms widely available to its students and must individually distribute the forms to its degree or certificate seeking students if they are eligible for Federal Student Aid.
Schools can mail paper copies, or may distribute voter registration forms by emailing or text messaging each student with a message containing an acceptable voter registration form or an internet address where that form can be downloaded. The electronic message must be devoted exclusively to voter registration.
A few states such as Idaho, Minnesota, New Hampshire, North Dakota, Wisconsin, and Wyoming exempt schools from this requirement. In every other state, schools must request voter registration forms from the state at least 120 days prior to the state’s deadline for registering to vote. This provision applies to general and special elections for federal office and to the elections of governors and other chief executives within a state. If a school does not receive the forms within 60 days prior to the deadline for registering to vote in the state, it is not liable for failing to meet the requirement during that election year.