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
Letter to the Education Department on the Bundled Services Guidance
November 19, 2024
Letter to the Education Department on the Bundled Services Guidance
ACE, on behalf of five other higher ed associations, urged the Department of Education to voice our concerns about reports that the department may rescind its 2011 guidance on bundled services provided by a third-party company.
Letter to the Department of Education on Financial Value Transparency and Gainful Employment Regulations
November 12, 2024
Letter to the Department of Education on Financial Value Transparency and Gainful Employment Regulations
ACE, on behalf of 45 other higher education associations, wrote to the Department of Education requesting clarification on several aspects of new regulations on financial value transparency and gainful employment.
Letter Supporting the FAFSA Deadline Act
November 12, 2024
Letter Supporting the FAFSA Deadline Act
On behalf of 41 other higher education associations, ACE wrote to the leadership of the House of Representatives in support of the FAFSA Deadline Act.
Comments to the Department of Education on Proposed Distance Education Rule
August 23, 2024
Comments to the Department of Education on Proposed Distance Education Rule
On behalf of 23 other higher education associations, ACE wrote to the Department of Education with comments on a notice of proposed rulemaking that addresses distance education, return of Title IV funds, and TRIO.
Summary: The U.S. Department of Education’s Proposed Rule on Distance Education, Return of Title IV Funds, and the Federal TRIO Programs
July 22, 2024
Summary: The U.S. Department of Education’s Proposed Rule on Distance Education, Return of Title IV Funds, and the Federal TRIO Programs
This summary gives an overview of new proposed regulations from the Department of Education concerning distance education, the return of Title IV funds process, and the Federal TRIO programs.
Letter in Support of the FAFSA Deadline Act
July 9, 2024
Letter in Support of the FAFSA Deadline Act
Letter to House Committee on Education and the Workforce leaders in support of the FAFSA Deadline Act, which would move up the statutory date for the annual release of theFAFSA from Jan. 1 to Oct. 1 each year.
Letter on the University Accountability Act and the Protecting American Students Act
July 8, 2024
Letter on the University Accountability Act and the Protecting American Students Act
Letter to the House Committee on Ways and Means expressing concerns over two bills introduced in the wake of the spring 2024 campus protests, the University Accountability Act (H.R. 8914) and the Protecting American Students Act (H.R. 8913).
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-...
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.
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.
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.
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...
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.
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.
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.
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.
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.
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.
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.
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.
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.
Latest News
Statement by ACE President Ted Mitchell on the Nomination of Linda McMahon to be Secretary of Education
November 20, 2024
Statement by ACE President Ted Mitchell on the Nomination of Linda McMahon to be Secretary of Education
We congratulate Linda McMahon on her nomination to be secretary of education and applaud President-elect Trump's choice for this vital role.
Congress Eyes FAFSA Reforms and Anti-Hazing Bills in Post-Election Legislative Push
November 12, 2024
Congress Eyes FAFSA Reforms and Anti-Hazing Bills in Post-Election Legislative Push
Lawmakers are returning to Washington this week for the post-election lame duck session of Congress, the final legislative push before the 118th Congress adjourns.
dotEDU Live: What Trump’s Win and a New Congress Mean for Higher Education
November 7, 2024
dotEDU Live: What Trump’s Win and a New Congress Mean for Higher Education
In this special post-election episode recorded on November 6, ACE President Ted Mitchell joined hosts Jon Fansmith, Sarah Spreitzer, and Mushtaq Gunja to discuss the 2024 election results and their implications for higher education.
dotEDU Live: Campuses, Congress, and the Campaign Trail This Fall
September 16, 2024
dotEDU Live: Campuses, Congress, and the Campaign Trail This Fall
With Congress in a monthlong sprint, hosts Jon Fansmith and Sarah Spreitzer explore the flurry of messaging bills in Congress along with the legislation lawmakers actually need to pass before heading out for full-time campaigning.
Higher Education Associations Warn New Distance Education Rules Threaten Innovation and Access
August 28, 2024
Higher Education Associations Warn New Distance Education Rules Threaten Innovation and Access
In comments to the Department of Education (ED), ACE and a group of other higher education associations voiced significant concerns regarding ED’s Notice of Proposed Rulemaking on program integrity and institutional quality.
College Cost Reduction Act: By the Numbers
July 31, 2024
College Cost Reduction Act: By the Numbers
This analysis examines the impact of the College Cost Reduction Act on campuses, highlighting its proposed risk-sharing payments for for institutions and PROMISE Grants, which would replace the LEAP Program starting in 2026.
ED Proposes Major Regulatory Changes to Distance Learning, Federal TRIO Programs and R2T4 Calculations
July 22, 2024
ED Proposes Major Regulatory Changes to Distance Learning, Federal TRIO Programs and R2T4 Calculations
The Department of Education last week released proposed regulations that would alter distance education, return of Title IV funds, and Federal TRIO programs, while also announcing that it would delay the release of draft regulations covering other topics.
House Committee Passes Bipartisan Bill to Move FAFSA Deadline to October 1
July 15, 2024
House Committee Passes Bipartisan Bill to Move FAFSA Deadline to October 1
In response to the Department of Education’s disastrous rollout of the new FAFSA earlier this year, the House Education and the Workforce Committee voted in an overwhelmingly bipartisan manner Wednesday to move forward with the FAFSA Deadline Act.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
 
 

College Cost Reduction Act: By the Numbers

How the House bill's risk-sharing payments and the PROMISE Grants program could impact higher education institutions.

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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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