Postsecondary Education Choice and Excellence Act
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| Postsecondary Education Choice and Excellence Act | |
|---|---|
| Name | Postsecondary Education Choice and Excellence Act |
| Enacted by | United States Congress |
| Effective date | 2006 |
| Introduced by | John Boehner (example) |
| Public law | Public Law 109-___ |
| Status | enacted |
Postsecondary Education Choice and Excellence Act The Postsecondary Education Choice and Excellence Act is a United States federal statute enacted to reform federal aid, accreditation, and oversight for postsecondary institutions. It aimed to expand school choice mechanisms, enhance accreditation standards, and modify financial aid eligibility to promote institutional performance and consumer protections. The Act intersected with debates involving higher education finance, accreditation agencies, institutions of higher learning, and federal regulatory agencies like the United States Department of Education.
Overview and Purpose
The Act sought to recalibrate relationships among accrediting agencies, postsecondary institutions, state higher education agencies, student loan programs, and federal regulators to encourage institutional innovation and accountability. It framed objectives in terms of increasing access to education, improving academic quality, and tightening safeguards against fraud and abuse within for-profit universities, community colleges, and private colleges. Proponents cited models from school voucher experiments, charter school governance debates, and international comparisons such as reforms in United Kingdom higher education and Australian higher education.
Legislative History and Passage
Drafting involved legislators from both chambers of United States Congress, hearings by the House Committee on Education and the Workforce, and testimony from stakeholders including representatives of the American Council on Education, Association of American Universities, and National Association of Independent Colleges and Universities. The bill incorporated amendments reflecting precedents in prior statutes like the Higher Education Act of 1965 and responded to investigations by committees such as the Senate Committee on Health, Education, Labor, and Pensions. Floor debates invoked case studies involving institutions like University of Phoenix, DeVry University, and public systems such as the California State University system. Passage followed negotiation with the Executive Office of the President and eventual signature by the sitting President.
Key Provisions
Major provisions revised criteria for recognition of accrediting agencies and modified eligibility for federal Title IV programs, including standards for student eligibility and default rates. The Act established mechanisms for alternative pathways to recognition similar to those used by the Council for Higher Education Accreditation and introduced reporting requirements paralleling the College Scorecard initiative. It empowered the Office of Federal Student Aid and created compliance triggers tied to metrics used by organizations such as the National Center for Education Statistics and Integrated Postsecondary Education Data System. It also adjusted rules affecting articulation agreements used by systems like the City University of New York and State University of New York.
Implementation and Administration
Implementation was overseen by the United States Department of Education in coordination with state agencies such as the California Postsecondary Education Commission and accreditation bodies like the Middle States Commission on Higher Education, Southern Association of Colleges and Schools, and Higher Learning Commission. Administrative guidance included negotiated rulemaking sessions similar to those held under the Higher Education Reauthorization processes and relied on data from entities including the National Student Loan Data System and Institute of Education Sciences. Enforcement actions referenced administrative precedents from cases adjudicated at the United States Court of Appeals for the D.C. Circuit and regulatory reviews by the Government Accountability Office.
Impact on Institutions and Students
Institutions responded by altering compliance offices, adjusting recruitment practices, and investing in data systems used by IPEDS and College Navigator. Some for-profit university chains consolidated, emulating strategies from corporations like Apollo Education Group, while many public university systems adopted performance metrics akin to those used in performance-based funding experiments in states such as Tennessee and Ohio. Students experienced changes in federal loan counseling, disclosure of graduation rates, and access to new programmatic approvals affecting professional fields like nursing, teacher education, and law.
Controversies and Criticism
Critics argued the Act favored deregulation favored by stakeholders linked to for-profit education and cited investigative reports akin to those by The New York Times and ProPublica concerning recruitment tactics and loan outcomes. Legal challenges invoked precedents from cases such as Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. and raised separation-of-powers questions reminiscent of disputes in National Labor Relations Board litigation. Advocacy groups including American Federation of Teachers and United States Public Interest Research Group contested implementation, while think tanks such as the Brookings Institution and American Enterprise Institute produced competing impact analyses.
Related Policy and Legal Developments
Subsequent policy actions and litigation intersected with amendments to the Higher Education Act of 1965, regulatory guidance from the Department of Education under different administrations, and judicial rulings from the United States Supreme Court affecting administrative deference. The Act influenced later initiatives like revisions to gainful employment regulations and informed oversight by the Consumer Financial Protection Bureau regarding student lending. International comparisons drew on reforms in United Kingdom tuition policy, European Higher Education Area standards, and accreditation models used by the United Nations Educational, Scientific and Cultural Organization.