The panel that advises the secretary of education on accreditation issues has grown increasingly controversial in recent months, as many college and accrediting officials have accused the Education Department of trying to use the committee to compel colleges and universities to collect and report more extensive data on student learning -- without the need for new laws or federal rules.
Campus officials have looked to members of Congress to rein in the committee (and the department's regulatory and other efforts on accreditation generally) as they consider legislation to renew the Higher Education Act. A bill that the U.S. Senate education committee plans to consider tomorrow would go one step further -- jettisoning the advisory committee altogether.
The wide-ranging Higher Education Act measure released Monday by the Senate Health, Education, Labor and Pensions Committee (a copy of which can be found here) would replace the National Advisory Committee on Institutional Quality and Integrity (whose 15 members are all appointed by the education secretary, a point of recent contention) with a new panel that would have roughly comparable duties and powers.
Even its name would be similar: the Accreditation and Institutional Quality and Integrity Advisory Committee. The major change: of the new panel's 15 members, five each would be appointed by the Education Department, the Senate, and the House of Representatives. The goal, said an aide to the Senate committee, is that the new committee would be "structured so that it's a little more independent" of the Education Department.
But if college leaders were hoping that lawmakers' recent criticism of the department's aggressive tack on accreditation meant that they objected to the department's overall goal -- forcing colleges to more clearly prove that they are effectively educating students -- they are likely to be disappointed by other elements of the Senate's draft legislation.
The bill, as currently written, would require accreditors to ensure that colleges "use empirical evidence" and "external indicators" to show how they perform in areas such as student retention, course and program completion and graduation, state licensure and job placement (for work-related programs), and enrollment of students in graduate programs.
Many college officials and accreditors have balked at the Education Department's efforts (through a just-completed negotiated rule making process) to force accreditors to compel colleges to measure such outcomes in quantitative ways, which they say could result in oversimplification. While the Senate language aims to give colleges significantly more flexibility than some of the Education Department's proposals -- recognizing the need for variation by type of institution and program, and for using external indicators "as appropriate" -- on the whole the Senate's current approach is meant to be "not inconsistent" with that of the department, according to Senate staff members.
The Senate bill would also endorse the Education Department's approach to the other issue most hotly debated in the accreditation negotiating process: the way many colleges treat academic credits from students transferring from institutions that are nationally rather than regionally accredited.
The Senate legislation would require accreditors to ensure that the colleges they oversee do not deny the transfer of a student's credit based solely on the accreditation status of the institution from which the student is transferring. That has been a top legislative priority of for-profit colleges, most of which are nationally accredited and many of which complain that colleges' transfer policies discriminate against them. But many officials of nonprofit colleges have fought such a change previously, arguing that it would intrude on the most fundamental academic decisions of their institutions.
The accreditation language may be the most noteworthy aspect of the Senate bill to renew the Higher Education Act, in part because the measure released Monday is incomplete. Members of the Senate education committee are still negotiating over (and disagreeing on) perhaps the most significant elements of the legislative package: the "budget reconciliation" measure that contains provisions that would spend and save money.
That is where senators have some of their toughest and most contentious decisions to make, most notably how much to slash from the subsidies for student loan providers (the House of Representatives education committee approved a parallel budget reconciliation measure last week). Those decisions will influence how much money would be available to increase actual spending on Pell Grants and other student aid programs, among other things. (Late Monday, a deal was reportedly reached between Sens. Edward M. Kennedy and Michael B. Enzi, the Democratic chairman and senior Republican on the education panel, that would cut into lender profits less than a parallel bill in the House would. Details to follow.)
Senators are said to be sharply divided over how much less to cut the subsidies for nonprofit rather than for-profit loan providers, according to a Senate aide. Democrats and Republicans on the committee were continuing to negotiate into the evening Monday, with the hope of resolving that and other disputes so that the committee could consider fully bipartisan Higher Education Act and budget reconciliation bills Wednesday.
Even without the budget reconciliation legislation, college lobbyists and others had plenty to digest in the Senate's Higher Education Act bill, which ran a full 534 pages and covered a huge amount of ground. Among many, many other things, the legislation would do the following:
The Senate's budget reconciliation legislation could be released as soon as today, and the education panel is set to take up the entire package tomorrow.