Introduction by Barbara K. Mistick

Dear Colleague:

Democracy will be once again on display next week in the United States for all the world to see.  Higher education will always play a vital role in ensuring that our country continues to evolve, grow, and prosper.  It is my sincere hope that Election Day and the days that follow, are peaceful on your campus and around the country and that America, once again, puts on display the principles and virtues that so many have fought for and given their lives to uphold and protect.

Today, November 1, is an important day in the regulatory world for colleges and universities. Under the Higher Education Act, any new final Title IV regulations must be published in the Federal Register by today to become effective by July 1 of next year.  While we have had a long watch list of potential regulations, as we go to print no final regulations have been previewed for release today.

However, that does not mean the regulatory front is quiet. 

This week the Department of Education finally sent its new set of Financial Value Transparency/Gainful Employment (FVT/GE) completer lists to institutions for corrections and announced its plans to get the debt lists distributed soon. It’s important that you review and correct the completer lists by the January 15, 2025 deadline, which is also the deadline for all FVT/GE reporting (see story below for more detail).  

We are also hearing rumors that, although the Department has formally withdrawn its guidance on third-party servicers, the agency may address its ongoing policy concerns with Online Program Management companies (OPMs) via a different mechanism. Specifically, we are hearing that the Department is considering amending guidance that currently permits revenue-sharing agreements with OPMs that provide “bundled services.” Obviously, we are watching this closely, and it is not known what, if anything, is under consideration.

To add further to the regulatory complexities, the Department of Veterans Affairs, which is not subject to the November 1 regulatory deadline the Department of Education must follow, has issued an Information Collection Request that mischaracterizes the requirements for data collection at institutions with the 35% waiver from 85/15 reporting regarding veteran enrolled students (see our story below for more detail).  NAICU is working with the higher education community to submit comments asking VA to change its proposal to make clear that accredited institutions with the 35% student veteran enrollment exemption do not have to collect, keep, or report data related to 85/15.  

The Department also released a suite of resources to help institutions prepare for the upcoming December 1 launch of the 2025-26 FAFSA (see story below for more detail).  Among those resources is a webinar being held on November 8 from 3:00 t0 4:00 p.m. EST that will provide current information about 2024–25 FAFSA processing, an update about the 2025–26 FAFSA Beta testing, and information to help partners prepare for the general availability of the 2025–26 FAFSA form by December 1.

Soundbites

• The Department of Education proposed new rules to provide forgiveness for student loans held by borrowers experiencing certain types of hardship. The two pathways to forgiveness these rules offer are: 1) relief, on a one-time basis, using a predictive model the Department is building based on existing borrower data; or 2) relief through a future application process in which agency staff would review applicants on a case-by-case basis. Interested parties may submit comments until the deadline of December 2.
  
  
• Republicans on the House Committee on Education and the Workforce released a report detailing findings from their year-long investigation into antisemitism on college campuses. According to the report, campus leaders failed to adequately address encampments, support Jewish students, impose meaningful discipline, or respond to congressional inquiries.
  
  
•  NAICU is co-hosting a webinar with ACE that covers visa processing this fall, as well as expected trends for the 2025-2026 academic year. The webinar will be held on Friday, November 15 at 11:00 a.m. EST and features Kate Drenning and Sarah Stewart of the Bureau of Consular Affairs at the State Department. The webinar will not be recorded and is closed to the media, off the record, and open to members of the hosting associations, which include NAICU. You can register and submit questions for the webinar here.

The coming days and weeks will have a significant impact on our country, on your campuses, and on the students and families we serve.  Thank you for your continued work on behalf of private, nonprofit higher education.

Regards,

Barbara

Barbara K. Mistick, D.B.A.
President, NAICU