Department of Education and the Higher Education Act

The Issue

​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​The U.S. Department of Education (ED) administers most federal student financial aid, collects data on the nation’s colleges and universities, and implements most of the federal higher education policies created by Congress. It also enforces laws regarding privacy, civil rights, and other issues for institutions that accept federal funds.

The primary law through which ED administers these programs is the Higher Education Act (HEA), first passed in 1965. Since then, HEA has been rewritten eight times. The current HEA was last reauthorized in 2008 and expired at the end of fiscal year 2014.

As Congress works towards a long-overdue reauthorization, among the issues that will be debated are affordability and college costs; access, retention, and completion; better information for consumers; student loan programs and student loan repayment; accreditation and oversight; innovation; campus safety, and the burden of federal regulations. The American Council on Education works with Congress and the presidential administration on an ongoing basis to ensure the views of its members are reflected in policy discussions and during the reauthorization process.

Our Work
Proposed Changes to FAFSA for the 2025-26 Award Year
May 22, 2024
Proposed Changes to FAFSA for the 2025-26 Award Year
Along with 35 other higher education associations, ACE sent this letter to the House Education and the Workforce Committee urging lawmakers to undertake a long-term assessment of the FAFSA delays' impact on students and make other changes for the 2025-...
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Letter to the House on the College Cost Reducation Act
May 16, 2024
Letter to the House on the College Cost Reducation Act
ACE wrote to the leadership of the House Committee on Education and the Workforce with an analysis of the formulas included in the College Cost Reducation Act, which would negatively impact institutions if enacted.
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Comments to ED on Proposed Changes to IPEDS
May 3, 2024
Comments to ED on Proposed Changes to IPEDS
Comments to the Education Department on behalf of five additional organizations on proposed changes to the Integrated Postsecondary Education Data System.
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FAFSA Survey Results Sent to Education Secretary Miguel Cardona
March 28, 2024
FAFSA Survey Results Sent to Education Secretary Miguel Cardona
To better understand the challenges faced by institutions with the new FAFSA system, ACE, EDUCAUSE and NACUBO conducted this survey targeting various campus stakeholders. Results were sent to the Department of Education.
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Letter on Institutional and Programmatic Accountability Rule Implementation
March 14, 2024
Letter on Institutional and Programmatic Accountability Rule Implementation
On behalf of 22 other higher education organizations, ACE wrote to the Education Department to share concerns institutions of higher education have regarding implementation of the rules on institutional and programmatic accountability that were finaliz...
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Summary: A Roadmap To College Student Success
February 2, 2024
Summary: A Roadmap To College Student Success
On Jan. 30, 2024, Democrats on the House Committee on Education and the Workforce unveiled the Roadmap to College Student Success, a package of six previously introduced bills to address college affordability, access, and student support.
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Letter to the House on the College Cost Reduction Act
January 30, 2024
Letter to the House on the College Cost Reduction Act
On behalf of 14 other higher education organizations, ACE wrote to leadership of the House Committee on Education and the Workforce with concerns about some provisions of the College Cost Reduction Act, along with support for others.
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Summary: The College Cost Reduction Act
January 19, 2024
Summary: The College Cost Reduction Act
House Committee on Education and the Workforce Chairwoman Virginia Foxx (R-NC) introduced the College Cost Reduction Act (H.R. 6951) on January 11, 2024 in response to the challenges impacting students who are pursuing their postsecondary degree.
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Talking Points: Bipartisan Workforce Pell Act
December 7, 2023
Talking Points: Bipartisan Workforce Pell Act
Outlining concerns with the Bipartisan Workforce Pell Act (H.R. 6585), a bill intended to provide undergraduate students with the opportunity to use the Pell Grant for short-term programs.
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Summary: The Bipartisan Workforce Pell Act
December 7, 2023
Summary: The Bipartisan Workforce Pell Act
Summary of the Bipartisan Workforce Pell Act (H.R. 6585), a bill intended to provide undergraduate students with the opportunity to use the Pell Grant for short-term programs.
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Summary: The Department of Education's Final Rule on Institutional and Programmatic Accountability
October 26, 2023
Summary: The Department of Education's Final Rule on Institutional and Programmatic Accountability
On Oct. 24, the Department of Education formed released final rules covering financial responsibility, administrative capability, certification procedures, and ability to benefit.
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Summary: The Department of Education's Final Gainful Employment Rule
October 19, 2023
Summary: The Department of Education's Final Gainful Employment Rule
A summary of the Department of Education's final regulations on financial value transparency and gainful employment. The regulations will go into effect on July 1, 2024.
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Letter to Congressional Committees on Provisions of Concern in Research Innovation and Security Bills
September 7, 2021
Letter to Congressional Committees on Provisions of Concern in Research Innovation and Security Bills
The letter outlines serious concerns regarding provisions in multiple bills that would have long-term, detrimental impacts on the ability of colleges and universities to compete and work with international partners to address issues of global importance.
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Letter to the Department of Education on Title IV Negotiated Rulemaking
July 1, 2021
Letter to the Department of Education on Title IV Negotiated Rulemaking
Comments on the topics suggested by the Department of Education as part of the negotiated rulemaking process on programs under Title IV of the Higher Education Act.
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Request to Department of Education General Counsel for Meeting on Section 117
March 11, 2021
Request to Department of Education General Counsel for Meeting on Section 117
The higher education community is seeking clarification about Section 117 requirements from the department to ensure that institutions can fully and accurately comply with their reporting obligations.
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Request for Meeting with House Leaders on Section 117 Reporting Requirements
June 9, 2020
Request for Meeting with House Leaders on Section 117 Reporting Requirements
Letter to House leadership and committee chairs offering to meet for a discussion on the status of Section 117 foreign gift and contract reporting requirements.
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Letter Requesting a Delay on Title IX and Section 117 Rules
March 24, 2020
Letter Requesting a Delay on Title IX and Section 117 Rules
Letter to Secretary Betsy DeVos requesting the department delay further action on the final Title IX rule and Section 117 foreign gifts and contracts information collection request until after the COVID-19 crisis has passed.
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Letter in Support of the AIM HIGH Act
January 16, 2020
Letter in Support of the AIM HIGH Act
Letter to Sen. Elizabeth Warren (D-MA) in support of the Accessible Instructional Materials in Higher Education (AIM-HIGH) Act, which would create a commission to draft voluntary guidelines for accessible college instructional materials.
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Comments and Memo on Section 117 Information Collection
December 19, 2019
Comments and Memo on Section 117 Information Collection
Comments from ACE and 14 higher education associations and explanatory memo on the Department of Education's revised proposed information collection request tied to Section 117.
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Letter to Department of Education on Section 117 Information Collection Request
December 18, 2019
Letter to Department of Education on Section 117 Information Collection Request
Letter from ACE and 10 higher education associations in opposition to the Department of Education's request for emergency processing of an information collection request tied to Section 117.
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Letter to Senator Leaders in Support of the FUTURE Act
December 10, 2019
Letter to Senator Leaders in Support of the FUTURE Act
Letter urging the Senate to vote for final passage of FUTURE Act, which makes permanent a $255 million annual funding stream to MSIs and simplified the FAFSA.
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see all of our work on this topic
Latest News
ACE Releases Updated Issue Brief on Student Voting and Campus Political Campaign Activities
June 24, 2024
ACE Releases Updated Issue Brief on Student Voting and Campus Political Campaign Activities
The issue brief explores the complexities young voters face in navigating voting laws, emphasizing the role of colleges in facilitating nonpartisan voter engagement and complying with legal obligations under the Higher Education Act.
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Colleges Brace for Implementation of New Federal Regulations
June 12, 2024
Colleges Brace for Implementation of New Federal Regulations
Colleges and universities, still burdened by the botched FAFSA rollout, face an unusually busy summer, as several new federal regulations will go into effect.
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ACE, Other Groups Urge Congress to Address FAFSA Issues for 2025-26 Application Cycle
May 28, 2024
ACE, Other Groups Urge Congress to Address FAFSA Issues for 2025-26 Application Cycle
ACE sent a letter to the House and Senate education committees last week urging lawmakers to undertake a long-term assessment of the FAFSA delays' impact on students and institutions.
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ACE Analysis Shows College Cost Reduction Act Could Lead to Cuts in Higher Education Funding
May 20, 2024
ACE Analysis Shows College Cost Reduction Act Could Lead to Cuts in Higher Education Funding
ACE sent a letter to the House Committee on Education and the Workforce last week, outlining its analysis of the College Cost Reduction Act's (CCRA) impact on student loans, risk-sharing for institutions, and other key provisions.
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Congress, Higher Ed Leaders Urge Education Department to Address FAFSA Issues
April 15, 2024
Congress, Higher Ed Leaders Urge Education Department to Address FAFSA Issues
Members of Congress and higher education leaders last week continued to highlight how the disastrous rollout of the revised FAFSA is affecting students, while urging the Department of Education to promptly address the ongoing problems.
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Survey Reveals Impact of Problems with New FAFSA System
April 1, 2024
Survey Reveals Impact of Problems with New FAFSA System
​To better understand the challenges faced by institutions with the new FAFSA system, ACE, along with EDUCAUSE and the National Association of College and University Business Officers, conducted a survey targeting stakeholders at member institutions.
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dotEDU Live: Is Higher Education Act Reauthorization Finally Happening?
February 22, 2024
dotEDU Live: Is Higher Education Act Reauthorization Finally Happening?
ACE’s Emmanual Guillory, senior director of government relations, joins hosts Jon Fansmith and Sarah Spreitzer to talk about the College Cost Reduction Act—the new Higher Education Act reauthorization bill from House Republicans.
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Colleges Extend Deadlines Amid FAFSA Troubles; Department of Education Unveils Additional Relief Measures
February 16, 2024
Colleges Extend Deadlines Amid FAFSA Troubles; Department of Education Unveils Additional Relief Measures
​A growing number of colleges and universities, public and private, are taking action to help admitted students have adequate time to compare financial aid offers in the wake of the Department of Education’s rollout of the new FAFSA form.
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House Education Committee Approves College Cost Reduction Act
February 5, 2024
House Education Committee Approves College Cost Reduction Act
The House Education and the Workforce Committee voted to pass the College Cost Reduction Act, an overhaul of federal student aid, lending, repayment, and accreditation processes meant to be a significant step toward reauthorizing the Higher Education Act.
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Higher Ed Groups Urge Flexible Enrollment and Financial Aid Deadlines in the Wake of FAFSA Delays
January 31, 2024
Higher Ed Groups Urge Flexible Enrollment and Financial Aid Deadlines in the Wake of FAFSA Delays
​The Education Department has announced that higher education institutions and states can expect to receive applicant information from the new FAFSA in the “first half of March,” backtracking on their commitment to deliver the information in January.
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dotEDU Live: New Year, Same Congress—What’s Next for Higher Ed?
January 25, 2024
dotEDU Live: New Year, Same Congress—What’s Next for Higher Ed?
Hosts Jon Fansmith and Sarah Spreitzer discuss how the 2024 presidential election might impact higher education and look ak problems with the new FAFSA, the latest House Higher Education Act reauthorization bill, short-term Pell, and more.
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The College Cost Reduction Act: What You Need to Know
January 19, 2024
The College Cost Reduction Act: What You Need to Know
Rep. Virginia Foxx (R-NC), chairwoman of the House Committee on Education and the Workforce, has introduced a comprehensive bill that aims to overhaul the student loan process and restrain college costs.
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dotEDU Live: The Year in Higher Education Policy
December 14, 2023
dotEDU Live: The Year in Higher Education Policy
The overarching theme is working through the chaos in Washington, and the lineup includes student loan forgiveness, the Supreme Court's decision on race in admissions, institutional accountability, the uptick in international students, and more.
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House Committee to Mark Up Short-Term Pell Grant Bill
December 11, 2023
House Committee to Mark Up Short-Term Pell Grant Bill
​The House Education and the Workforce committee is scheduled to mark up a bill Dec. 12 that would provide Pell Grant funding for short-term programs, but includes problematic measures to offset the cost of the expansion.
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ACE, Higher Ed Groups Oppose the DETERRENT Act
December 4, 2023
ACE, Higher Ed Groups Oppose the DETERRENT Act
​ACE and 17 other organizations sent a letter Monday to House leadership opposing the Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions (DETERRENT) Act, which the House is scheduled to vote on this week.
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ACE, Groups Urge FSA to Work With the Higher Education Community to Ensure Smooth Transition to New FAFSA
November 20, 2023
ACE, Groups Urge FSA to Work With the Higher Education Community to Ensure Smooth Transition to New FAFSA
The Education Department has announced a timeline for its long-awaited overhaul of the Free Application for Federal Student Aid (FAFSA), which aims to simplify the application process and broaden access to financial aid.
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ACE, Other Groups Send Comments to ED on Third-Party Servicers Guidance
April 3, 2023
ACE, Other Groups Send Comments to ED on Third-Party Servicers Guidance
On behalf of more than 80 other higher education organizations, ACE sent comments March 29 to the Department of Education about the guidance on third-party servicers that ED released in February.
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dotEDU Live: The Future of Academic Freedom on Campuses; Hope for HEA?
March 23, 2023
dotEDU Live: The Future of Academic Freedom on Campuses; Hope for HEA?
Hosts Jon Fansmith and Sarah Spreitzer are joined by their Government Relations colleague Steven Bloom to talk about the troubling trend of elected officials intruding on academic freedom and restricting instruction on divisive concepts.
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ACE, Higher Ed Groups Ask Again for Clarification on Foreign Gift and Contract Reporting
March 6, 2023
ACE, Higher Ed Groups Ask Again for Clarification on Foreign Gift and Contract Reporting
ACE and other higher education groups sent comments to the Department of Education Feb. 27 in response to the December Federal Register notice requesting feedback on recent changes to how colleges and universities report foreign gifts and contracts.
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ACE, Groups Call for Overhaul of the Federal Financial Aid System in Comments on Education Department’s Income-driven Repayment Plans
February 13, 2023
ACE, Groups Call for Overhaul of the Federal Financial Aid System in Comments on Education Department’s Income-driven Repayment Plans
ACE and 29 other higher education associations have expressed their appreciation to the Department of Education for making “important and long overdue corrections” in its proposal to overhaul the student loan income-driven repayment plan.
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Midterm Election Aftermath
November 21, 2022
Midterm Election Aftermath
Terry Hartle and Jon Fansmith talk about what the midterm elections mean for higher education policy in the lame-duck session and beyond.
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Our Staff
 
 

Extending Enrollment and Financial Aid Deadlines

See which institutions have responded to FAFSA delays by extending the traditional May 1 deadline for admitted students to enroll. 

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​Is Higher Education Act Reauthorization Finally Happening?

​Learn about where reauthorization of the Higher Education Act stands on ACE’s February 22, 2024 dotEDU podcast.

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