APSCU Blog: Higher Education For All - Private Sector Institutions Are Equipped To Meet The Needs Of New Traditional Students

April 14, 2015

By APSCU Communications

Private sector institutions play a critical role in providing opportunities for new traditional students who have been largely overlooked and underserved by traditional institutions of higher education. New traditional students are more likely to rely on federal financial aid, be older than the average student, work while pursuing their credential, support a family, and/or be financially independent. By enrolling, educating, and graduating these students, private sector institutions offer individuals the opportunity to further their education and acquire in-demand career skills. Many of these individuals would likely not be able to have these opportunities without private sector institutions.

The result is a population of previously underserved individuals who are earning credentials in fields with high returns and increasing their lifetime earnings.

As explained in the infographic below, private sector institutions are particularly well-equipped to provide students with flexible schedules and career-focused educations.

APSCU_infographics_v6 Infographic 1

APSCU Blog: Report: Institutions With The Fewest Low-Income Students Get The Most Taxpayer Support

07 Apr 2015 /By APSCU Communications 
 
From federal grants and loans to state funding for public colleges, taxpayers support higher education in a variety of ways, most often with the goal of boosting access to postsecondary education for all students. However, a recent report by the Nexus Research and Policy Center found that taxpayers provide significant support for institutions in ways that may not be readily apparent, such as tax breaks for high-endowment private non-profit institutions.

The report found that private non-profit institutions gain huge advantages from government tax exemptions, compared to all other schools. Accounting for these breaks, taxpayer subsidies to the ten wealthiest private non-profit institutions averaged $41,000 per student, or more than three times the amount their states provide for public education per student.

The issue is that these institutions have acceptance rates as low 6 or 7 percent and are far less likely to educate low-income and new traditional students. Meaning they do very little to boost access to higher education or address the opportunity gap in our country.

It turns out that this relationship extends beyond private non-profits. Across all sectors, the highest subsidies are going to schools serving the fewest middle-to-low-income students. In other words, institutions that serve the highest proportions of low-income students receive the least taxpayer aid.

Nexus Subsidy Charts
The report’s authors stated, “In short, the unequal distribution of endowment wealth and the unequal enrollment of low-income Federal Pell grant recipients lead to a pattern where, quite literally, the rich schools get more than their less affluent private and public counterparts, who are bearing the lion’s share of the education of America’s working- and middle-class students.”

This is another example of the gap between our national higher education goals and the reality of how we fund them. Taxpayers are disproportionately supporting institutions that restrict access, particularly for low-income students, at a time when postsecondary education is more important than ever for our workforce and economy.

APSCU Blog: The 90/10 Rule Hurts Access to Postsecondary Education for Traditional Students

06 Apr 2015 /By APSCU Communications 
 
Students who borrow to earn a postsecondary credential do so because the lifetime benefits of an education far outweigh the costs. Often the students who rely the most on federal student aid are the ones who need postsecondary education the most. Rules that limit institutions’ ability to provide education to students who borrow to fund their education result in denying access to opportunity.
The 90/10 rule is one such rule. It specifically targets private sector institutions, which serve more new traditional students than other sectors. The rule requires that 10 percent of private sector revenues come from sources other than federal student aid. This means that private sector institutions need to ensure that they enroll enough students who do not need to borrow to pay for their credentials. In other words, since supply is limited, these institutions need to limit the number of people they educate who are low income.
Demographics by sector 90 10
This has the clear effect of limiting access to education for the students who need it most. Mark Kantrowitz studied the effects of the 90/10 rule and found that institutions that enroll more students from low income families (adjusted gross income less than $50,000), are more likely to be in violation of the rule. Additionally, institutions that charge less than $8,000 in tuition are more likely to be in violation of the rule.
The inverse relationship between tuition and difficulty complying with the 90/10 rule causes a conflict with a component of the Department’s gainful employment regulation. Institutions that lower their tuition to attempt to stay compliant with the gainful employment regulation, will run the risk of violating the 90/10 rule as more low income students enroll.
It is a common attack that institutions in violation of the 90/10 rule must be offering a worse education, because not enough students are willing to pay out of pocket to attend. This critique entirely misses the point. Federal student aid is designed to allow students who do not have the means to pay for postsecondary education have access to its benefits. Institutions that serve lower income students are more likely to have more students borrowing.
This critique would also be an indictment of other types of institutions. President Obama’s free community college proposal would mean that students will not have to apply their money toward the cost of an education. Using the logic behind the 90/10 rule, that means community colleges offer a lesser product, because students are not paying to attend.
As Mark Kantrowitz notes, “For most colleges, the percentage of revenue from federal student aid measures the extent to which the college serves low-income students, not the students’ willingness to pay for their education.”
The access-slashing effects of the 90/10 rule are exacerbated by the fact that they only apply to private sector institutions. These institutions have a track record of serving students that are often not afforded access to postsecondary education by institutions in other sectors. Targeting these institutions means targeting their students, who may not have anywhere else to go for a postsecondary credential.
In his report, Mark Kantrowitz found that the majority of public colleges, including 80 percent of community colleges, would fail the 90/10 rule. Additionally, the true costs of public institutions are higher than the true costs of private sector institutions once direct appropriations are accounted for. All of these facts, when taken together, demonstrate that the 90/10 rule is yet another example of a regulatory attempt to arbitrarily limit the important role that private sector institutions have in providing access to postsecondary education.
Degrees by sector


Direct link to article: http://www.highereducationforall.com/9010-rule-hurts-access-postsecondary-education-new-traditional-students/

APSCU Blog: APSCU Files Motion for Summary Judgment in Gainful Employment Regulation Litigation

Washington, DC, February 6, 2015 – Today, the Association of Private Sector Colleges and Universities, representing over 1,400 institutions educating millions of students, filed a motion for summary judgment in its suit challenging the U.S. Department of Education's new "gainful employment" regulation (APSCU v. Arne Duncan).

In 2012, the United States District Court for the District of Columbia invalidated the Department's prior effort to impose a "gainful employment" regulation because a central part of the regulation lacked a reasoned basis and "was not based on any facts at all." As APSCU explained in its brief filed today, the Department has adopted a regulation that is even "more irrational and arbitrary" than the vacated regulation. APSCU's motion asks the Court to "hold unlawful the Department's new rule and repudiate the Department's stubborn disregard for controlling law and administrative procedure."

Key arguments in the motion include:

Exceeds the Department's Statutory Authority


  • Neither the "gainful employment" provisions nor anything else in the statute authorizes the agency to limit programs' Title IV eligibility based on students' earnings and debt.  The statutory structure, purpose, and legislative history confirm that the test is unlawful.
  • In the new rule the Department improperly seizes the role of policing program quality, and it supplants the congressionally mandated accrediting criteria with contrived debt metrics mentioned nowhere in the statute.
  • Congress could not have intended a program's eligibility for national aid programs to turn on local idiosyncrasies or on students' circumstances—none of which has anything to do with the quality of an educational program.

Harmful to Student Access

  • The Department admitted that its new rule will force programs serving hundreds of thousands of students—including fully one-third of the programs offered by private sector institutions —to close.  […]  The programs that survive will not have the capacity for many displaced students.  The agency estimates that "about 32%" of students whose programs are deemed failing or in the "zone" "will not have nearby transfer options."  
  • Private-sector institutions serve a greater proportion of disadvantaged students than other schools, as the Department conceded.  Private-sector institutions also produce graduates at a lower cost, and often have higher graduation rates, than other schools.   Yet the new rule irrationally targets private sector institutions. 

Arbitrary and Capricious In Violation of the Administrative Procedure Act

  • The agency's metrics contradict its own prior position and accepted economic methodology, impose arbitrary thresholds, and are based on incomplete, unreliable data.
  • The Department's debt and earnings metrics thus do not measure program quality. Instead, there is strong evidence that those "outcomes" really measure student demographics.  […]  The agency itself found that demographics and other factors unrelated to program quality account for 44% of the variance in students' debt-to-earnings rates, […] and another study found that nearly half (47%) of the variance was explained by such factors.

Background on the gainful employment regulation
The Department's gainful employment regulation prohibits students enrolled in programs at certain institutions of higher education—primarily private sector institutions—from receiving federal student aid under Title IV of the Higher Education Act of 1965 unless the program satisfies a biased and arbitrary earnings metric.

The debt-to-earnings metric is set at eight percent – a level that would disqualify a law degree from George Washington University Law School, a bachelor's in hospitality administration from Stephen F. Austin State University and a bachelor's in social work from University of Texas. Further, according to the Department's own data, 43 percent of graduates from public colleges and 56 percent from private non-profit colleges would fail the metric.

Although the Department states that its new debt-to-earnings metric evaluates whether programs "prepare students for gainful employment in a recognized occupation," the Department's metric does not in fact assess program quality.  Instead, the regulation measures factors that are unrelated to program quality and beyond institution control—including students' individual employment choices, local job-market conditions, and students' financial circumstances. The regulation also imposes on institutions an array of new reporting and disclosure requirements.