Washington Update: NPRM, FAFSA, Title IX, NC-SARA

Changing Higher Ed

In this Washington Update, we welcome back our frequent guest and public policy expert, Tom Netting, president of TEN Government Strategies, who joins us to discuss the latest developments in higher education policy coming out of Washington. McNaughton and Netting dive into the significant revisions to Title IX regulations, detailing the implications for higher education.

Podcast Overview: Revised Title IX Regulations: Unpacking the Changes

• Expansion of Definitions: The new regulations have broadened the definition of sexual harassment to encompass "unwelcome sex-based conduct," a shift from the previously narrower "severe, pervasive, and objectively offensive" standard.
• Adjustments in Adjudication Standards: Institutions are now mandated to use the "preponderance of the evidence" standard for determining cases of sexual harassment, moving away from the "clear and convincing" evidence standard unless absolutely necessary.
• Elimination of Live Hearings: The updated regulations remove the requirement for live hearings, aiming to reduce the potential retraumatization of victims during the adjudication process.

FAFSA Corrections and Their Impact on Enrollment

The discussion extends to the recent corrections made to the Free Application for Federal Student Aid (FAFSA) and their potential impact on student enrollment:

• Resolution of FAFSA Issues: After significant updates, the FAFSA system aims to facilitate smoother enrollment processes, which could help stabilize enrollment figures that were feared to decline due to previous errors.
• Congressional Oversight: The upcoming hearing with Secretary Cardona will focus on these FAFSA updates, reflecting the critical attention these corrections are receiving at the governmental level.

Developments in Student Loan Debt Relief

The episode also covers the Notice of Proposed Rulemaking (NPRM) on student loan debt relief, emphasizing its importance and controversy:

• State Legal Challenges: The NPRM has faced lawsuits from 15 states, highlighting the contentious nature of the proposed student loan debt relief measures.
• Public Comment Period: Stakeholders are encouraged to participate in the public comment process, open until May 17th, to help shape the outcome of these significant financial relief efforts.

Enhancements to Program Integrity and Institutional Accountability

Further discussion points include the negotiations affecting financial aid administration and compliance:

• Modifications in Resource Management: Proposals suggest that students might need to opt-in to receive resources such as textbooks and other materials, potentially changing how educational expenses are managed.
• Ongoing Negotiations: The complexities of these discussions could deeply influence how institutions administer student loans and maintain compliance with federal standards.

State Authorization and Accreditation for Online Education

The conversation also explores adjustments to state authorization and accreditation processes for online education providers:

• Regulatory Simplification: Proposed changes aim to simplify compliance across different states, potentially easing the operational burden on institutions offering online programs.

Three Key Takeaways for University Presidents and Boards

1. Immediate Review and Adjustment to Compliance Measures: With the new Title IX regulations set to take effect soon, institutions must review and possibly revise their current policies and procedures promptly.
2. Active Participation in Public Comment Opportunities: Leaders should ensure their institutions engage in the NPRM discussion, particularly around student loan debt relief, to influence policies that directly affect their students and operational structures.
3. Preparation for Upcoming Accreditation and Authorization Changes: Universities offering online courses must prepare for the expected changes in state authorization and accreditation standards, ensuring compliance and minimizing disruption to student offerings.

Read the transcript on our website →

About Our Podcast Guest

Tom Netting

Having spent all of his professional career devoted to higher education policy oversight and implementation, Tom Netting has an extensive knowledge of the laws and regulations governing all aspects of higher education. His considerable background and experience have afforded him the opportunity to view the development and implementation of federal higher education and workforce development policy in their entirety – including issues related to higher education and workforce development, health care, veteran affairs policies, and the procurement of federal appropriations.

About Our Podcast Host

Dr. Drumm McNaughton is a consultant to higher education institutions in governance, accreditation, strategy, change, and mergers.

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