Leadership Exchange - Winter 2009

Reauthorizing the Higher Education Act:
Three Top Concerns for SSAOs

BY BERNIE SCHULZ

The Higher Education Opportunity Act (HEOA; Public Law 110-315), enacted on August 14, 2008, reauthorizes

the Higher Education Act of 1965 (HEA). Some parts of the law will be implemented through new or revised

regulations. The Department of Education is specifically required by law to use negotiated rulemaking for pro-

grams authorized under Title IV (Student Financial Aid Programs) of the HEA, as amended, unless the secretary of education

determines that doing so is impracticable, unnecessary, or contrary to the public interest.

On September 8, 2008, the Department of Education announced its intention to establish negotiated rulemaking committees to implement certain parts of the HEOA. The department held six public meetings at which interested par-ties suggested issues that should be considered for action by the negotiating committees. Student affairs professionals were well-represented at the public hearing by NASPA Executive Director Gwen Dungy. During her testimony on October 8, 2008, Dungy outlined three areas of legislation that are of particular concern for individuals working in student affairs:

1. The interpretation of the immediate notification of critical incidents. NASPA believes that it is vital that campus administrators have flexibility to critically analyze and respond to campus emergencies using their best professional judgment in regard to timeliness and notifying the campus community. Additional definitions or unnecessary regulatory controls could seriously compromise a campus’ ability to contain an emergency. A timely response for one circumstance on one campus is unique to that campus, and each incident must be judged on its unique circumstances.

2. Policies related to missing students. This provision, requiring colleges and universities to develop such policies, is problematic as it is impossible to track which students are away from campus more than 24 hours. The law would put expectations on colleges that could not be met, and it raises parental and staff expectations that campus personnel can actually monitor the comings and goings of students. Colleges already collect emergency contact information, and they already have in place policies and procedures for handling Missing Person Reports through campus or community law enforcement. As negotiators begin to consider possible rules and regulations related to missing persons, NASPA recommends that negotiators are mindful that campuses are diverse in type and numbers of students enrolled, and that policies should vary based on individual institutional characteristics.

3. Campus fire safety reporting. In 1998, campuses across the country began to meet the challenge of complying

with the Clery Act reporting requirements. Several years later, intensive training and publication of the Handbook for Campus Crime Reporting was completed. As negotiators begin to develop regulations on campus fire safety reporting requirements, it is important that rules are drafted in such a way that campus administrators are able to comply within reasonable time frames, and that training and publications are distributed as soon as possible.

Numerous other higher education stakeholders discussed their support and/or concern about the legislation at the October hearing. Dungy made the case that we, as student affairs administrators and educators, should be seen by those in the negotiated rulemaking process as valuable resources. In her testimony, she noted that we work with students who face a host of challenges, including concerns about financial aid, textbooks, peer-to-peer file sharing, campus safety, financial literacy, and alcohol and drug violations. All of these issues impact the education environment and students’ abilities to succeed. As partners in educating students, student affairs professionals take a large share of the responsibility for students’ complete college experience.

The Department of Education will soon publish a Notice of Proposed Rulemaking (NPRM) in the Federal Register announcing the subject areas for which they intend to establish negotiated rulemaking committees. The NPRM will also include a request for nominations of individual negotiators for those committees who represent the interests significantly affected by the proposed regulations. _LE

Bernie Schulz is special assistant to the vice president of campus life at American University and NASPA Knowledge Communites Public Policy Liaison.