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A Look at the Year Ahead

Policy and Advocacy Public Policy Division
January 19, 2017 Matt Aschenbrener University of Wisconsin, Whitewater

This time of year we typically try to look back at the previous year to gain an understanding of the major issues. In 2016 there was considerable time and attention spent on Title IX, Fair Labor Standards Act (FLSA) Final Overtime Rule, and diversity and race relations on campus.  To start looking ahead over the next twelve months, we should first review what the Republicans have adopted as part of their party platform during the presidential election and look at recently introduced legislation sponsored by Republicans.  

As a public good, higher education impacts the long term prosperity of our nation. However, the policies that are championed and ultimately enacted that are related to higher education - directly like the Higher Education Act (HEA) reauthorization and Title IX - may not be the initial priority of the 115th Congress.  Don't get me wrong, there will be laws and policy enacted that will be tangentially related - like the Affordable Care Act - that will impact some students and portions of the campus.  Areas that I believe will be addressed over the next twelve months include: federal financial aid, financial literacy, and initial discussions and more hearings regarding the reauthorization of the HEA.

Starting first with the HEA, the reauthorization of the HEA is generally considered the vehicle for major changes in federal policy related to higher education.  Although Congress has held multiple hearings since 2013, HEA was not reauthorized.  Am I hopeful for a new Reauthorization of the Higher Education Act in the next year (or 18 months)? Yes, yes I am. Indeed, because the Elementary and Secondary Education Act was reauthorized just over a year ago, I remain hopeful. I believe it will come and surprise us for what is included.  I believe portions of this will include increased accountability and decreasing higher education regulations.  Several smaller bills have passed each of the past three years on financial aid, competency-based education, and data available to prospective students.  We are gaining momentum toward a reauthorization, and I believe it will come.

During the 2016 presidential campaign, Sam Clovis, Donald Trump's national campaign co-chair, stated before the election that there are "proposals currently being prepared that would upend the current system of student loans" (Inside Higher Education, May 13, 2016).  His comments should not be seen as surprising, as part of the Republican platform stated, "The federal government should not be in the business of originating student loans" (p. 35). Although I could honestly care less where the loans originate, I believe as I wrote a year ago, we should have “one grant program and one loan program” along with the work-study program. That would help students and families understand how much they would have to repay.  NASFAA is also advocating for a year-round Pell grant, among other proposals.

How institutions report retention and graduation information is an antiquated system and has failed our “one size fits all” model. Reporting on only first-time, full-time cohorts over six years does not provide information on over half of the students attending institutions of higher education. Increased accountability may come in many forms this year, but there will probably be new reporting requirements on “non-traditional” students and transfer students.

At a former institution I worked at I was responsible for implementing the new programs (at the time) for celebrating Constitution Day on campus. I’ve been at several institutions on or around September 17th and have found this is little more than a perfunctory activity, but nonetheless, a requirement. There may be other areas Republicans may address to reduce regulations around a number of areas including: providing voting information, campus crime reporting, ties between student aid eligibility and drug convictions, and illegal file sharing.

An initial review reveals that Title IX and FLSA Final Overtime Rule will probably not be priorities for the next year, although individual campuses may still focus on these as well as improving race relations.  I do not see the Trump administration issuing new guidance on not rigorously supporting Title IX nor implementing the Final Overtime Rule making many employees eligible for overtime pay or a higher minimum salary.  I do see campuses continuing the dialogue in these areas supporting student’s rights and safety, discussing diversity and race relations, and paying their employees equitable wages.  Although federal mandates may have ended or been put on hold (for now), these conversations do not need to end.

It is important to stay engaged in understanding how policy decisions on the state and federal level impact your campus and students. Here are a couple of ways you stay engaged in policy discussions and advocacy:

1. Stay tuned to NASPA’s Research and Policy Institute’s website, complete with higher education news and commentary, legislative updates, and hearing and event overviews.

2. Submit your policy ideas and issues using the “Identify a Policy Issue” web form on the Public Policy Division page of the NASPA website.