Wednesday, October 18, 2017
The Future of Law Schools Envisioning a More Collaborative Educational Model (event in D.C. Thurs, Nov. 2 )
This November, the Thomson Reuters Legal Executive Institute proudly presents a timely and provocative examination of short- and long-term strategies toward effecting legal education reform on a national scale. Helmed by a distinguished faculty of prominent academics and practitioners, this forum provides concrete solutions in the spirit of collaborative growth.
EVENT LOCATION: Georgetown University Hotel & Conference Center | Washington, DC
For details or to register, call 1-800-308-1700. Seating is extremely limited.
Why You Should Attend
Who Should Attend
Sunday, October 8, 2017
To encourage the next generation of privacy and data security researchers to explore economic questions in privacy and data security, the Federal Trade Commission today issued a call for presentations from students to coincide with the agency’s third PrivacyCon conference on February 28, 2018.
The PrivacyCon Student Poster Session will coincide with PrivacyCon 2018, which will focus on the economics of privacy.
The Student Poster Session call for submissions seeks research and input on issues and topics that will be covered by PrivacyCon 2018. This includes research examining how to assess the greatest threats to privacy, ways for companies to weigh the costs and benefits of security by design techniques, and potential market solutions and failures related to privacy and security.
The Student Poster session is also aimed at encouraging interaction and discussion between experienced researchers and students. The session will provide students an opportunity to present and discuss their research and its relation to privacy and data security policy and law.
The deadline for the Student Poster submissions is December 15, 2017. More information about how to submit presentations and about PrivacyCon 2018 can be found on the event page.
Tuesday, October 3, 2017
Texas A&M University invites nominations and applications for the position of Dean of the Texas A&M University School of Law. The desired appointment date is July 1, 2018.
Texas A&M University is a tier‐one research institution and American Association of Universities member. As the sixth largest university in the United States, Texas A&M University is a public land-grant, sea‐grant, and space‐grant university dedicated to global impact through scholarship, teaching,
and service. The members of its 440,000 strong worldwide Aggie network are dedicated to the University and committed to its core values of excellence, integrity, leadership, loyalty, respect, and selfless service.
Located in Fort Worth, the Texas A&M University School of Law is one of 16 colleges and schools that foster innovative and cross‐disciplinary collaboration across more than 140 university institutes and centers and two branch campuses, located in Galveston, Texas and Doha, Qatar. Since joining the A&M family in 2013, the law school has sustained a remarkable upward trajectory by increasing its entering class credentials and financial aid budgets; shrinking the class size; hiring new faculty members, including nationally recognized scholars; and enhancing the student experience. Consistent with its mission, Texas A&M University School of Law integrates cutting-edge and multidisciplinary scholarship with first‐rate teaching to provide students with the professional skills and knowledge necessary for tomorrow’s lawyers. Texas A&M University School of Law faculty members and students play a vital role by providing their legal expertise to collaborations with other Texas A&M professionals to develop new understandings through research and creativity.
The next Dean of Texas A&M University School of Law should provide dynamic, innovative, and entrepreneurial leadership and vision to shape the school’s continued transformation into a model for future legal education. Candidates should have a Juris Doctorate and a scholarly record appropriate for appointment at the rank of tenured professor. Other candidates who hold distinguished records of professional and intellectual leadership or outstanding service to the community will also be considered. The successful candidate should be:
- committed to the school’s scholarly mission;
- a strong law school advocate who seeks cross‐unit collaborations with other university schools and colleges;
- a successful fundraiser who can obtain support for various programs and projects, including the Law School Building Project recently approved by The Texas A&M University System Board of Regents, as well as endowed faculty chairs, professorships, and student scholarships;
- an effective administrator with team‐building skills and a collaborative management style appropriate to a complex organization; and
- dedicated to community engagement and public service and experienced at external relations, including outreach to law firms, corporations, and foundations as well as government agencies, non‐profit organizations, and policy‐makers.
The Texas A&M University School of Law is located in the heart of downtown Fort Worth, a city known for a unique confluence of Texas history and renowned arts. Fort Worth enjoys a diverse business community, including energy, defense, international trade, and logistics as well as financial services. Just outside of downtown, Fort Worth has many neighborhoods with recognized schools a short distance from the law school. Fort Worth is known nationally as the home to the Bass Performance Hall, the Kimbell Art Museum, and the Amon Carter Museum of American Art, among others. The Trinity River flows through the city. It features over 40 miles of trails, providing access to the Fort Worth Botanic Garden, the Japanese Garden, the Fort Worth Zoo, and the historic Stockyards. The Fort Worth/Dallas metropolitan area has a total population of more than seven million. It offers a vibrant legal community that supports extensive federal and state court systems, including the Patent and Trademark Office, the Federal Reserve Bank, the National Labor Relations Board, the Environmental Protection Agency, and the Securities and Exchange Commission. Fort Worth/Dallas has one of the world’s largest airports. As one of the most desirable places to live and work in the United States, the metroplex has attracted many multinational corporations.
Applications should include a curriculum vitae, a cover letter including a statement of interest, and a list
of three references. Only nominations and applications received by November 17, 2017, are assured consideration. Nominations and applications received after November 17, 2017, may or may not be considered.
Applications and nominations should be submitted electronically in confidence to firstname.lastname@example.org. Applicant information will be kept confidential to the maximum extent allowable by law. Additional information and timeline can be found at http://lawsearch.tamu.edu.
Texas A&M University provides equal opportunity to all employees, students, applicants for employment or admission, and the public, regardless of race, color, sex, religion, national origin, age, disability, genetic information, veteran status, sexual orientation, or gender identity.
Saturday, August 19, 2017
Sunday, July 16, 2017
Texas Lawyer reports and interviewed Dean Dr. Andrew Morriss:
Andrew Morriss oversaw the transformation and dramatic rise in the rankings of the former Texas Wesleyan School of Law into the Texas A&M School of Law.
Now, the university has a new challenge for Morriss: heading up a brand new School of Innovation at its main campus in College Station, a gig he will assume Aug. 1.
Read the interview here.
Read in Texas Lawyer how Texas A&M Law jumped into 2nd Tier in 3 years under the leadership of Dean Dr. Andrew Morriss.
Wednesday, July 12, 2017
India on April 22, 2017 broadcast on LiveStream
Thursday, July 6, 2017
On May 15, 2017, Senators Orrin Hatch (R-Utah), Elizabeth Warren (D- Massachusetts), Bill Cassidy (R-Louisiana) and Sheldon Whitehouse (D-Rhode Island) from the Senate Health, Education, Labor and Pensions (HELP) Committee introduced The College Transparency Act (S. 1121). Congressmen Paul Mitchell (R-Michigan) and Jared Polis (D-Colorado) introduced a companion bill (H.R. 2434) in the House of Representatives on May 16.
The legislation, which has the stated goal of streamlining institutional reporting requirements, would repeal the prohibition of a student unit records system and directs that USDE collect and report outcomes information and improve data currently available for stakeholders including students, parents, researchers and policymakers. USDE would be prohibited from selling the information or creating a federal college ratings or rankings system.
Such data elements shall include, at a minimum, the following:
(i) Student-level data elements necessary to calculate the information within the student-related surveys in the Integrated Postsecondary Education Data System (IPEDS), as such surveys are in effect on the day before the date of enactment of the College Transparency Act.
(ii) Student-level data elements necessary to allow for reporting student enrollment, persistence, retention, transfer, and completion measures for all credential levels (including certificate and associate, baccalaureate, and advanced degree levels), within and across postsecondary institutions (including across all categories of institution level and control). The data elements shall allow for reporting
- student enrollment,
- transfer, and
- completion measures for all credential levels (including certificate and associate, baccalaureate, and advanced degree levels), within and across postsecondary institutions (including across all categories of institution level and control).
The data elements shall allow for reporting about all such data disaggregated by the following categories:
(I) Enrollment status as a first-time student.
(II) Attendance intensity, whether full-time or part-time.
(III) Credential-seeking status, by credential level.
The Commissioner shall, at a minimum, seek to ensure that the secure data system linkages described in subparagraph (A) permit consistent reporting of the following categories of data for all students, including students receiving Federal grants and loans and students receiving veteran's education benefits, as defined in section 480(c).
(i) Enrollment, retention, transfer, and completion outcomes for all students.
(ii) Financial indicators for students receiving Federal grants and loans, including grant and loan aid by source, cumulative student debt, loan repayment status, and repayment plan.
(iii) Post-collegiate outcomes for all students, including earnings, employment, and further education, by program of study and credential level and as measured—
(I) immediately after leaving postsecondary education; and
(II) at later time intervals appropriate to the credential sought and earned.
(IV) Race or ethnicity.
“(V) Age intervals.
“(VII) Program of study (as applicable).
“(VIII) Military or veteran status (as determined based on receipt of veteran's education benefits, as defined in section 480(c)).
“(IX) Status as a postsecondary athlete.
“(X) Federal Pell Grant recipient status.
“(C) OTHER DATA ELEMENTS.—The Commissioner may, after consultation with postsecondary institutions (including institutions of higher education) and other stakeholders (including individuals with expertise in data privacy and security, and in consumer protection), make a determination to promulgate regulations to include additional data elements in the postsecondary student data system, which may include first generation status, economic status, remedial coursework, or gateway course completion.
Thursday, June 29, 2017
CHEA reports that the U.S. Department of Education (USDE) and the White House announced appointments and are pursuing administrative actions that provide some sense of the Administration’s higher education agenda. USDE announced several appointments that will affect higher education:
- Kathleen Smith, former aide to Senate HELP Committee Chair Lamar Alexander (R-Tennessee) and a current USDE employee, is the new senior advisor to the assistant secretary for the Office of Postsecondary Education and will be the acting assistant secretary.
- Adam Kissel, from the Charles Koch Foundation, will be the deputy assistant
secretary for higher education programs.
- Steven Menashi will be the deputy general counsel for postsecondary service
and have the delegated authority for the duties of the general counsel.
- Candice Jackson has been named deputy assistant secretary for civil rights
and will serve as acting assistant secretary for civil rights.
- Peter Oppenheim, education policy director and counsel for Republicans on the Senate HELP Committee, was nominated as assistant secretary for legislation and Congressional affairs, a position requiring Senate confirmation.
With regard to administrative actions related to higher education:
- U.S. Secretary of Education Betsy DeVos has formed a committee of career employees and political appointees that will make recommendations for reorganizing USDE and reduce its workforce. The committee is scheduled to produce a draft restructuring plan for review and comment this summer, with a comprehensive plan to reorganize USDE expected in September 2017.
- A regulatory reform task force also has been established to oversee implementation of USDE’s regulatory reform initiatives. A progress report on the task force’s work was issued by USDE on June 22, 2017. Download Regulatory-reform-task-force-progress-report
- USDE published a request for comments on June 22, 2017, seeking suggestions on regulations that may be appropriate for repeal, replacement or modification. USDE is undertaking a regulatory review to identify regulations that eliminate jobs or inhibit job creation; are outdated, unnecessary or ineffective; impose costs that exceed benefits; create a serious inconsistency or otherwise interfere with regulatory reform initiatives or policies; rely in whole or in part on data, information, or methods that are not publicly available or that are insufficiently transparent to meet the standard for reproducibility; or derive from or implement Executive Orders or other Presidential directives that have been subsequently rescinded or substantially modified. Comments must be received no later than August 21, 2017, and can be submitted through the Federal eRulemaking Portal.
- The borrower defense to repayment rule will be delayed and renegotiated.
- The gainful-employment rule will be delayed and renegotiated.
A Notice of Intent to Conduct Negotiated Rulemaking on these two rules was published in the Federal Register on June 16, 2017. Public hearings on the rules will be held on July 10, 2017, in Washington, DC, and July 12, 2017, in Dallas, Texas.
- Increased funding for apprenticeship and worker training programs will be proposed. Apprenticeships that are federally registered must have an educational component, usually involving employers working with institutions or other education providers and with a minimum amount of credit-hour-equivalent learning being completed. Such apprentices earn an industry-recognized certificate that can lead to college credits at some institutions.
- USDE's Office for Civil Rights has said that it will discontinue its practice of automatically looking for systemic issues at colleges and universities as part of Title IV investigations and rather will make any determinations to conduct such examinations on a case-by-case basis.
- In several speeches, USDE Secretary DeVos has questioned reauthorizing the Higher Education Act and suggested instead rewriting the law, saying real change is needed.
For full DOE coverage read CHEA's monthly Federal Update: Number 59, June 26, 2017
Thursday, June 22, 2017
Friday, June 16, 2017
The For Profit Empire Strikes Back: DOE Announces Regulatory Rollback of Gainful Employment Requirement and Student Protection from Loan Fraud by Institutions
Currently approved BDR claims to be discharged this month, claims to continue to be processed
Today, U.S. Secretary of Education Betsy DeVos announced the Department's intention to establish rulemaking committees on Borrower Defense to Repayment (BDR) and Gainful Employment (GE) regulations. The Department intends to develop fair, effective and improved regulations to protect individual borrowers from fraud, ensure accountability across institutions of higher education and protect taxpayers.
"My first priority is to protect students," said Secretary DeVos. "Fraud, especially fraud committed by a school, is simply unacceptable. Unfortunately, last year's rulemaking effort missed an opportunity to get it right. The result is a muddled process that's unfair to students and schools, and puts taxpayers on the hook for significant costs. It's time to take a step back and make sure these rules achieve their purpose: helping harmed students. It's time for a regulatory reset. It is the Department's aim, and this Administration's commitment, to protect students from predatory practices while also providing clear, fair and balanced rules for colleges and universities to follow."
Due to pending litigation challenging the BDR regulations, the Department is postponing the effective date pursuant to section 705 of the Administration Procedures Act. While negotiated rulemaking occurs, the Department will continue to process applications under the current borrower defense rules.
"Nearly 16,000 borrower defense claims are currently being processed by the Department, and, as I have said all along, promises made to students under the current rule will be promises kept," said Secretary DeVos. "We are working with servicers to get these loans discharged as expeditiously as possible. Some borrowers should expect to obtain discharges within the next several weeks."
Postsecondary institutions of all types have raised concerns about the BDR regulations since they were published on Nov. 1, 2016. Colleges and universities are especially concerned about the excessively broad definitions of substantial misrepresentation and breach of contract, the lack of meaningful due process protections for institutions and "financial triggers" under the new rules.
As part of the Department's regulatory review of its regulations, the agency will also convene a second negotiated rulemaking committee on Gainful Employment. As the Department worked on implementing this regulation, it became clear that, as written, it is overly burdensome and confusing for institutions of higher education.
The Department plans to publish its Notice of Intent to Conduct Negotiated Rulemaking on BDR and GE in the Federal Register on June 16, 2017. The Department will conduct public hearings on BDR and GE on July 10, 2017, in Washington, D.C. and July 12, 2017, in Dallas, Texas.
Monday, May 29, 2017
The John Marshall Law School seeks a one-semester, full-time podium visitor to teach Contracts I and another to-be determined course during Fall 2017. John Marshall is located in Chicago's Loop and is known for its lawyering skills, intellectual property, trial advocacy, and clinical programs. For additional information about the law school, visit www.jmls.edu. We seek someone who has prior full-time teaching experience at an ABA-accredited law school.
Interested candidates should forward a current CV, cover letter, three professional references, and, if available, a summary of past teaching evaluations to Dean Darby Dickerson, email@example.com
Monday, May 22, 2017
Tuesday, May 23, 2017: The Business of Risk Management (Prof. William Byrnes presenting)
There is still time to join Texas A&M University School of Law for an exciting and informative program at noon on Tuesday, May 23, 2017, highlighting the fall 2017 opening of the law school’s San Antonio Center, a facility that will house an innovative new degree program designed from the ground up for business professionals. The May 23 event will be held at San Antonio’s Acenar restaurant (146 Houston Street), and event registration is open online at http://law.tamu.edu/SA-programs. Space is limited, and lunch will be provided for those who register by 5:00 p.m. on Monday, May 22.
The May 23 event will also kick off the Texas A&M School of Law Business Lecture Series, a series of lunchtime gatherings where Aggie Law faculty bring their practical expertise to the San Antonio business community. Our first featured speaker will be Professor William H. Byrnes, discussing “The Business of Risk Management” and how professionals can manage risks and leverage opportunities in the current legal and political environment.
We hope to see you for lunch Tuesday!
Creighton University School of Law seeks applications from qualified persons for a visiting professor position in the areas of Trusts & Estates and, ideally, Tax for the 2017-2018 academic year. A J.D. degree is required and teaching experience is strongly preferred. Applications should be directed to Associate Dean David P. Weber via email at firstname.lastname@example.org. We will begin reviewing applications immediately. Please share this information with any qualified individuals whom you think may be interested.
Colleagues, We are in the process of moving our former position of Director of Clinical Programs to Associate Dean of Experiential Learning and in the process we will be expanding the scope of the position to oversight of other aspects of experiential learning, including legal analysis and writing. If anyone has and is willing to share a position description for this type of position, it would be greatly appreciated. Feel free to reply off-list to: email@example.com
Friday, May 5, 2017
[The President of Purdue] Mr. Daniels, a former Republican governor of Indiana, described the acquisition as adding a "third dimension" to Purdue, along with its research-rich flagship in West Lafayette, Ind., and its regional campuses. For Kaplan and its parent company, Graham Holdings, the deal offers a potentially profitable exit strategy for an operation that has seen its bottom line battered for several years by falling enrollments. (Kaplan now has 32,000 students.) Read the Chronicle of Higher Education article here.
See the Portland Press Herald article that explains: Under the contract, Graham will transfer Kaplan University’s online programs, as well as its 15 campuses and learning centers – with 32,000 students – to the Purdue-related nonprofit. Kaplan will then operate them and guarantee that Purdue’s venture, for five years, receives at least $10 million a year from Kaplan’s revenues after expenses. After that payment, Kaplan is entitled to reimbursement for its own cost of providing services, plus a fee equal to 12.5 percent of the Purdue affiliate’s revenues.
Critics say that the acquisition and merger of Kaplan students into Purdue, while producing strong profits, will drag down Purdue's reputation because of the mismatch of Purdue's selective admissions and academic research faculty with the open degree enrollment the 32,000 Kaplan students and 2,462 Kaplan non-academic faculty joining the Purdue brand, plus the hundreds of thousands of Kaplan alumni who will now identify with Purdue. Read the Chronicle of Higher Education article here. See Inside Higher Ed "Faculty members also are concerned that bringing a for-profit institution under the Purdue umbrella could hurt the university’s brand and public image." Purdue lobbied and had signed into law that its Kaplan acquisition will not be subject to open public records laws. See USA Today.
But if the new distance education side of Purdue generates annually hundreds of millions of dollars of net surplus to Purdue's bottom line, and that translates into big faculty raises and scholarships for high SAT and ACT scores that impact the ranking, then the deal may be a huge win-win for faculty and student alike regardless of the impact to the brand reputation. Purdue's president will be hailed a hero to have the foresight to acquire the for-profit.
Tuesday, May 2, 2017
William Byrnes Key Speaker on Education 4.0 for India's Industrial Revolution 4.0 at Opening of Liberal Arts Auronya College
On 22nd April 2017, a state of the Art, cutting edge future focused university based on necessities of Fourth Industrial Revolution by the World Economic Forum launched in India, the launch event telecasted live on multiple media channels to over 800 million TV viewers, and re-broadcasted live on YouTube and Facebook globally. Press and moderators included television personalities from the likes of CNN-IBN, CNBC, Sky News, HARDtalk-BBC and ITV News. The theme of the event is Education 4.0, The Future of Education in the Fourth Industrial Revolution. Prof. William Byrnes of Texas A&M University was a featured speaker of the distinguished global list of speakers (Download Byrnes Auronya Presentation). Prof. Byrnes had received India's National Board of Accreditation's 2012 academic achievement award for pioneering distance learning.
The campus will be state of the art spread across 70 Acres. The University will be located in a forested beach town in the French area iof southern India, about 150 kms away from bustling city of Chennai. The Launch event was held in the Metro City of Chennai at the ITC Grand Chola Resort (7 Star Resort).
Auronya College was founded by substantial contributions from Abhaya Kumar Jain, one of India's most successful pharmaceutical pioneers. Auronya invited over 400 attendees from the World Economic Forum, top industry leaders from Forbes 100, politicos, diplomats, and academics from around the world. The launch event also showcased the use of cutting edge augmented VR technology from Google and HTC as well as new age 3D/AR Educational Technology from Europe.
Monday, May 1, 2017
As part of the FTC’s settlement with DeVry University for deceptive advertising, the school agreed to pay $49.4 million to the FTC for partial refunds to some students. The FTC plans to mail checks before the end of the summer to people who:
- enrolled in a bachelor’s or associate’s degree program at DeVry University between January 1, 2008 and October 1, 2015;
- paid at least $5,000 with cash, loans or military benefits;
- did not get debt or loan forgiveness as part of this settlement; and
- completed at least one class credit.
The amount of each refund will depend on how much a person paid to DeVry. The refunds will not be the full amount of money people paid.
The FTC will use DeVry’s records to identify students eligible for refunds. If you were a DeVry student between January 1, 2008 and September 30, 2015, you don’t need to do anything to apply for a refund. If you think you might be eligible, and your address has changed since you attended DeVry, you can call the FTC refund administrator at 844-578-2645 to update your address.
For information about the DeVry redress program, visit FTC.gov/DeVry and sign up for email updates. To learn more about repaying federal student aid, check out the Department of Education’s loan repayment page.
Wednesday, April 26, 2017
Higher education is transforming internally and externally. The demographics of learners continue to shift drastically to be more inclusive of people of color, first generation, part-time, returning and older students. Learners are more diverse than ever before. There is also an expansion of types of programs offered to students. Coding boot camps, microdegrees and MOOCs are providing exciting alternatives to learn and gain certain skills. Moreover, a shift in the character of accountability is occurring. Accreditation has been the traditional form of external evaluation of quality for the Academy, governed by the Academy and funded by the Academy. These changes call for an expansion of key stakeholders in the accreditation process – particularly employers and students.
Saturday, April 22, 2017
Voluntary, nongovernmental regulation has long been a hallmark of the American approach to quality assurance in higher education. Unfortunately, while the concept remains valid, the U.S. accreditation system’s actual operations have become overly burdensome. It’s time for an overhaul. In recent years, several detrimental changes to this model have occurred. Read the full CHEA op-ed here.
Friday, April 21, 2017
All of us are accountable. Religions hold us accountable to God. Santa Claus makes a list of who has been naughty and who has been nice. Freud tells us about the super ego. Everyone has a watchdog.
Enter accreditation. These organizations are the overseers of the public yet at the same time they are often “family” — faculty and staff from one school looking into the affairs of another school, and vice-versa. It is this closeness that has drawn the attention of the public and the government. As tuition rises and the ease of employment diminishes, the public wonders what return is gained from the enormous expenditures and high debt. And entrepreneur Peter Thiel is paying young people $100,000 not to matriculate. Read the full CHEA op-ed here.
Monday, April 10, 2017
The Council for Higher Education Accreditation (CHEA) is a national, nongovernmental membership organization of 3,000 degree-granting colleges and universities, the only organization with the sole purpose of providing national coordination of accreditation of higher education institutions and programs.
With the advent of a new Administration and Congress, regulatory relief has become a prominent topic of discussion. The purpose of this CHEA Position Paper is to offer proposals for the reduction of federal regulation as this applies to accreditation, whether in law, regulation or sub-regulatory guidance, acknowledging that the major challenge is at the regulatory/subregulatory levels. This reduction is not intended nor should result in reduced accountability for accreditation, but can provide a more effective and efficient regulatory framework for this important work.
CHEA sees this regulatory relief as central to achieving three major goals to move accreditation forward. These goals are doing more to: • Protect students: Strengthen accreditation rigor and provide expanded, readily understandable and accessible information about institutions and programs. • Advance innovation: Encourage fresh approaches to quality review of traditional providers and expand quality review to new providers and new credentialing. • Sustain the strengths of accreditation: Maintain and enhance the academic leadership of institutions and programs, peer review and the commitment to academic freedom. The federal government maintains an extensive scrutiny of accreditation, a process known as “recognition,” because accredited status is a requirement for institutions and programs to obtain and maintain eligibility for federal funds. At present, approximately $170 billion in student grants and loans, research and program funds go to institutions and programs annually.
Accreditation activity is governed by 10 pages of law, 27 pages of regulation and 88 pages of sub-regulation. Sub-regulation is augmented by “Dear Colleague” letters and “Guidance Letters” issued by USDE. There are more than 200 separate requirements that accrediting organizations must address in order to be considered federally recognized or to have emerged successfully from the USDE recognition review that they must undergo at least every five years.
There is considerable evidence that enormous time and effort is involved in successfully navigating this regulatory regimen. The recognition review requires, for all practical purposes, that an accreditor must attend to actual or expected demands of the federal government on an annual basis. Although accrediting organizations are nongovernmental bodies that are financed by higher education institutions and programs themselves, they are required to operate as if they were federal contractors. The impact on these organizations, while assuring that they operate in a given way, is also deleterious.
The federal presence is disproportionate and distorts the accreditation enterprise. It seriously crowds available space for initiative and innovation. Especially in relation to the goals presented here, accreditors are forced to operate in a culture that, however unintentionally, discourages creativity and experimentation. Unless USDE agrees, accreditors are reluctant to act. They are not going to move forward with creative efforts and are inhibited with regard to risk-taking, anticipating that this could result in the loss of recognition.
Proposal One: Relief with Regard to Federal Regulation 1. Rethink the requirements for the extent of experience in order to become a recognized accreditor. 2. Streamline what is considered “substantive change” for an institution or program in order that fewer changes are subject to this process, including the establishment of branch campuses. 3. Remove the definition of credit hour. 4. Eliminate the requirement for confidentiality such that accreditors cannot inform institutions of investigations.
Proposal Two: Relief with Regard to Sub-Regulation: Dear Colleague Letters/Guidance Communications 1. Eliminate requirement for common definitions and terms. 2. Remove USDE final oversight in posting accreditor actions and decision letters. 3. Eliminate USDE oversight of differentiated review.
Proposal Three: Relief with Regard to Federal Law 1. Retain the Rule of Construction. Oppose legislation that would further expand excessive regulation such as the WarrenDurbin-Schatz Bill introduced in the 114th Congress. 2. Rethink the role of the National Advisory Committee on Institutional Quality and Integrity, including the creation of an alternative committee structure and operation. 3. Revise Negotiated Rulemaking to assure that it is a balanced, transparent and consultative process. 4. Require consultation with academics and accreditors for Dear Colleague Letters and Guidance Letters and clarify their role in federal oversight of accreditation.