Department Publishes General Higher Ed Regs for Comment

Note:  In order to assess better the impact of this proposal, we would be interested in hearing from institutions on how they plan to identify whether or not placement rates are calculated for any of the programs they offer.  (Contact Susan Hattan at susan@naicu.edu.)

One of the many small improvements that NAICU secured during the six years of legislative work on the 2008 Higher Education Act reauthorization was a distinction in the types of information on graduates that colleges would have to collect and disclose. 

Initially, the law would have required colleges to collect statistically verifiable information in such areas as employment and graduate school enrollment.  When Congress finally came to understand that such data was impossible to collect, since colleges could hardly compel alumni to provide it, they agreed to only require sample information collected by informal systems such as alumni satisfaction surveys. 

The negotiated rulemaking team considering these general issues reached agreement on most of them, but failed to reach consensus on year-round Pell Grants and the disclosure of post-graduate activities.  NAICU representatives on this neg-reg panel were among those objecting to the disclosure proposal after department negotiators put forward more detailed requirements at the last minute.  [See Washington Update, June 1, 2009.]

In the preamble to the regulations, the department acknowledges that the statute doesn't call for the disclosure of placement rate information, but indicates it believes such information would be beneficial to students.  The proposed regulations won't require institutions to calculate placement rates for its graduates.  However, if an institution or program does calculate such a rate, then this information must be disclosed to students and prospective students.

If an institution doesn't calculate any placement rates, then it can meet the new disclosure requirement by using state data, alumni or student satisfaction surveys, or "other relevant sources."  For any information disclosed, the institution must identify the source, as well as the time frame and methodology.  Parallel disclosure requirements apply to graduate and professional education by the institution's graduates.

The proposed regulatory language appears below.  The comment period for these proposed regulations will close on September 21.

Note:  In order to assess better the impact of this proposal, we would be interested in hearing from institutions on how they plan to identify whether or not placement rates are calculated for any of the programs they offer.  (Contact Susan Hattan at susan@naicu.edu.)

668.41  Reporting and disclosure of information

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(d)  General disclosures for enrolled or prospective students.  An institution must make available to any enrolled student or prospective student through appropriate publications, mailings or electronic medial, information concerning -

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(5) The placement of, and types of employment obtained by, graduates of the institution's degree or certificate programs.

     (i) The information provided in compliance with this paragraph may be gathered from--
               (A) The institution's placement rate for any program, if it calculates such a rate;                          
               (B) State data systems;
               (C) Alumni or student satisfaction surveys; or
               (D) Other relevant sources.

     (ii) The institution must identify the source of the information provided in compliance with this paragraph, as well as any time frames and methodology associated with it.

     (iii) The institution must disclose any placement rates it calculates.

(6) The types of graduate and professional education in which graduates of the institution's four-year degree programs enroll.

    (i) The information provided in compliance with this paragraph may be gathered from--
               (A) State data systems;
               (B) Alumni or student satisfaction surveys; or
               (C) Other relevant sources.

    (ii) The institution must identify the source of the information provided in compliance with this paragraph, as well as any time frames and methodology associated with it.

For more information, please contact:
Tim Powers