Washington News Brief

By Sharon H. Bob, Ph.D., Higher Education Specialist, Powers Pyles Sutter and Verville, PC

FSA releases “Annual Report for FY 2020”

In mid-November, the Office of Federal Student Aid (FSA) released its “Annual Report for Fiscal Year 2020,” which outlines its organizational mission and structure, performance management, analysis of financial statements, and analysis of systems, controls, and legal compliances. The report states that the federal student loan portfolio exceeds $1.5 trillion. It also documents the Department’s efforts to ensure compliance by its federal student loan servicers with the student loan relief provisions included in the Coronavirus Aid, Relief, and Economic Security (CARES) Act and efforts made by FSA to notify employers to stop wage garnishments and expediting more than 2 million Treasury Offset Program/Administrative Wage Garnishment refund payments. The report noted that 41 million federal student loan borrowers are currently benefiting from the zero percent interest rate provision authorized under the CARES Act and extended through the President’s Executive Order until the end of the year. In addition, 23.8 million borrowers have suspended their monthly payments under the CARES Act, but about 4.6 million borrowers have opted to continue making monthly payments.

A copy of the “Annual Report” is found at: https://www2.ed.gov/about/reports/annual/2020report/fsa-report.pdf

FSA COO Mark Brown and Secretary of Education Betsy DeVos kick off FSA Training Conference

Federal Student Aid (FSA) kicked off its FSA Training Conference, which was held virtually, on Dec. 1, 2020. FSA Chief Operating Officer Mark Brown welcomed the more than 15,000 registered attendees. COO Brown began by thanking those at FSA and in financial aid offices for their work navigating an unprecedented year full of challenges. He acknowledged how difficult the past nine months have been but said that FSA continues to “put people first” and encouraged everyone to “stay in the fight” for students and their successful outcomes. He made the following observations:

• Federal student loan debt now exceeds $1.5 trillion.
• FAFSA submissions are down 14.9% for the 2021-2022 cycle, except in some states, which are experiencing double-digit increases (GA, NV, AK, CA, HI). In terms of high school seniors, there is a 15% decline compared to 2020-2021.
• FSA will continue to work on implementing the FUTURE Act, which will streamline and simplify FAFSA processing by working collaboratively with the IRS.
• With regard to COVID-19, ED has taken measures to stop repayment, reduce interest to 0%, and stop collections on borrowers who are in default.
• With regard to COVID-19, ED has fielded hundreds of questions and looks forward to continued collaborations with the higher education community.
• Next Generation Digital and Customer Care and Next Generation Partner Participation and Oversight are important:
  • Next GEN FSA includes a single front door on the web for students, parents, and borrowers called StudentAid.gov, which is a comprehensive portal. There will also be one phone number for students and parents: 1-800-4FedAid; and
  • FSA Partner Connect Portal will begin in March 2021 to provide a one-stop shop for schools to manage aid administration along with new and modernized technology systems. Partner Connect Portal will be a “front door for all partner interactions.” FSA partners will have a new home page with links to FSA sites, a new Knowledge Center (previously IFAP), and a redesigned interactive FSA Handbook as well as customized partner dashboards. Financial Aid Administrators will be able to view exactly what students see when they visit the StudentAid.gov website. [Note: COO Brown said that FSA has heard from financial aid administrators, who complained during focus groups, that they faced many challenges from FSA with multiple websites, disjointed customer service, significant wait times, and more and ED is trying to address their concerns.]
• A new tool, Annual Student Loan Acknowledgement, will provide information to students on their loan status, including providing monthly payments under different plans, and data from the College Scorecard. It will be required to be reviewed and signed by all borrowers before the first disbursement of each loan beginning in 2021-2022.

In her keynote address, Secretary of Education Betsy DeVos reflected on her four years at the Department and its many accomplishments to change and transform how federal aid is delivered, including the FAFSA mobile app and how students interact with FSA. Secretary DeVos stressed how students need more relevant and useful information so they can make good decisions and understand the implications of their decisions including how they will pay for their education. She stressed that institutions of higher education need to discourage students from taking on more debt than is reasonable for what they will earn, and how the College Scorecard can help provide this valuable information. She noted that the student loan debt stands in excess of $1.5 trillion and there are too many borrowers in default and delinquent and loan balances are growing, yet proposals have largely ignored any type of reform.

She also addressed the idea of cancelling student loans and providing free tuition for community colleges and stated: “It is fundamentally unfair to ask two-thirds of Americans who don’t go to college to pay the bills for the mere one-third who do. It’s even more unfair to those who have held up their end of the bargain and paid back their student loans themselves to subsidize those who don’t save, plan, and pay. Ultimately nothing is ‘free.’ Somebody, somewhere pays the bill, and the bill is coming due. What we need to do next in education policy – and the public policy will either break our already fragile economy, or it will unleash an age of achievement and prosperity the likes of which we’ve never seen.”

Secretary DeVos concluded her comments: “I know we can do what’s right for students if we don’t let politics and personalities get in the way.” She also noted that everyone “can continue to make higher education more attainable and affordable while improving its quality and its value proposition.”

A copy of the press release of the COO Brown and Secretary DeVos presentations on the first day of the FSA Conference is found at: https://www.ed.gov/news/press-releases/us-department-education-unveils-fsa-partner-connect-portal-annual-training-conference

ED announces new updates to the College Scorecard

On Dec. 2, 2020, the Department of Education announced several new updates to the College Scorecard. The updates include the development of a tool that allows users to find, compare, and contrast different fields of study, additional data on the typical earnings of graduates two years post-graduation for individual fields of study, and more information on the loan debt of students who transfer from one school to another. In addition, student loan data now includes Parent PLUS loans, allowing users to see how much parents are borrowing to help their children pay for school at each institution.

According to Secretary of Education Betsy DeVos: “As students make choices that impact their future careers and earning potential, it’s imperative they have access to relevant, actionable information like how much money they might make after graduating in their chosen field of study, or how much debt they may have to take on depending on where they choose to learn.”

A copy of the press release is found at: https://www.ed.gov/news/press-releases/secretary-devos-expands-revamped-college-scorecard-adding-second-year-post-graduation-earnings-and-cumulative-loan-data-help-students-make-informed-choices

Alexander talks about the importance of bipartisan efforts on higher education bills in Senate farewell

On Dec. 2, 2020, Senator Lamar Alexander (R-TN) gave his farewell speech on the Senate floor and spoke about the importance of the Senate and its role in crafting and passing legislation, a practice that he said has unfortunately diminished in recent years. Senator Alexander described his own bipartisan work on a variety of issues, including higher education. He praised both his Republican and Democratic colleagues and spoke fondly of his bipartisan efforts to simplify the FAFSA, including the FAFSA Simplification Act, and his work to secure permanent funding for Historically Black Colleges and Universities (HBCU) through the Fostering Undergraduate Talent by Unlocking Resources for Education (FUTURE) Act.

A press release with a link to Senator Alexander’s farewell speech is found at: https://www.alexander.senate.gov/public/index.cfm/pressreleases?ID=0362BF38-1386-4A21-B88C-164BB7CA23EE

Principal Deputy Under Secretary provides updates at FSA Conference

On the second day of the FSA Conference, on Dec. 3, 2020, Principal Deputy Under Secretary Diane Auer Jones highlighted the Department of Education’s accomplishments and said the Department had listened to the higher education community’s call for regulatory relief. She also touted the Department’s responsiveness to the COVID-19 outbreak in March by administering a number of flexibilities, such as allowing institutions to pivot to online learning, and by using executive and agency action, implemented a pause on student loan payments and interest accrual on federally-held student loans.

Ms. Jones further stressed the importance of the continued development and strengthening of the partnership between the Department and higher education professionals, and she said that she was extremely grateful for the work of financial aid administrators who continued to serve students during these challenging times.

In terms of the regulatory process, Ms. Jones highlighted the changes made to accrediting agency regulations, the Teacher Education Assistance for College and Higher Education (TEACH) Grant program and faith-based entities, distance education regulations, changes to the Title IX regulations, and repealing the gainful employment rule. She said that these modifications to the rules show that the Department made good on its promise to address regulatory burdens.

With regard to loan repayment, Ms. Jones highlighted a new tool being implemented to better oversee income-driven repayment plans, which she said needed oversight because ED was not confirming the income or family size of a borrower.

Ms. Jones also said that ED expected that there would be a greater utilization of professional judgments in the coming year due to changes in family income related to COVID-19. Such action will no longer trigger a program review since institutions are demonstrating a response to student needs.

In terms of reducing regulatory burden, Ms. Jones noted that the Department replaced the 265-page Handbook for Campus Safety and Security Reporting guiding higher education administrators in following the requirements of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act with a 13-page addendum to the Federal Student Aid Handbook. The Department found that the Handbook’s guidance went beyond the statute and regulations.

In addition, Ms. Jones announced that beginning with the 2021-2022 award year, borrowers will have to sign a Student Loan Acknowledgement describing how much a month students will have to repay based on their current loan balance and forecasts of estimated monthly payments based on what they could owe based on future borrowing. They hope students will be encouraged to borrow less.

The Department is also making changes to the program review process and will no longer make regulatory changes through enforcement. Program reviewers will no longer be making new rules.

Congressman Bobby Scott will continue to serve as the Chairman of the House Education and Labor Committee in the 117th Congress; Representative Virginia Foxx will continue to serve as the Ranking Member of the House Education and Labor Committee

On Dec. 3, 2020, Congressman Bobby Scott was selected to continue to serve as the Chairman of the House Education and Labor Committee. Chairman Scott said: “I am grateful to my colleagues for providing me the opportunity to continue my role as Chairman of the Committee on Education and Labor. It has been an honor to lead this Committee during a critical time in our nation’s history, and to work alongside a diverse coalition of Members representing the interests of students and workers across the country.”

Chairman Scott went on to say: “Our nation is enduring unprecedented challenges, with widening educational achievement gaps, a deep economic recession, and a devastating public health crisis. In my continued role as chairman, I will prioritize creating equity in education, putting America’s workers first, and expanding access to quality, affordable health care.”

On Dec. 3, 2020, the House Republican Conference selected Rep. Virginia Foxx (R-NC) to continue to serve as the Ranking Member of the House Education and Labor Committee in the 117th Congress. “Over the past few years, my Republican colleagues have entrusted me to lead the Committee on Education and Labor – an honor I do not take lightly,” Ranking Member Foxx said after the announcement. “In the wake of an unprecedented push by Democrats for radical, one-size-fits-all legislation, I am proud to say Committee Republicans have stood firm in their efforts to oppose Democrats’ socialist policies while offering pro-growth, pro-worker, and pro-student reforms.”

A copy of Congressman Scott’s press release is found at: https://bobbyscott.house.gov/media-center/press-releases/scott-statement-on-re-election-as-chairman-of-education-labor-committee

A copy of Representative Foxx’s press release is found at: https://republicans-edlabor.house.gov/news/documentsingle.aspx?DocumentID=407107

ED announces settlement with Temple University for Fox School of Business falsifying U.S. News & World Report Business School Rankings

On Dec. 4, 2020, the Department of Education announced a settlement agreement with Temple University for what the Department alleges are false representations to U.S. News & Report to bolster the school’s ranking in the annual U.S. News & World Report’s college rankings. The Department’s investigation probed the alleged submission of false information by Temple’s Fox School of Business and Management to U.S. News & World Report between 2014 and 2018.

Under the terms of the settlement agreement, Temple will pay a $700,000 fine but does not admit any liability or wrongdoing. “Temple cooperated fully with the Department’s investigation and asserts that, after determining that inaccurate data had been submitted to U.S. News & World Report, it ceased providing inaccurate information in 2018, withdrew its online MBA and certain other programs from ranking consideration for 2018, and implemented significant measures to ensure that data misreporting does not occur.”

A copy of the press release is found at: https://www.ed.gov/news/press-releases/us-department-education-announces-major-settlement-temple-university-fox-school-business-falsifying-us-news-world-report-business-school-rankings

Secretary DeVos extends student loan forbearance period, the pause in interest rate accrual, and the suspension of collections through Jan. 31, 2021

On Dec. 4, 2020, Secretary of Education Betsy DeVos announced the extension of the federal student loan administrative forbearance period, the pause in interest accrual, and the suspension of collections activity through Jan. 31, 2021. Federal student loan borrowers will not be expected to make payments through January of 2021 and benefit from the 0% rate as they pay down principal.

Secretary DeVos said: “The added time also allows Congress to do its job and determine what measures it believes are necessary and appropriate. The Congress, not the Executive Branch, is in charge of student loan policy.”

A copy of the press release is found at: https://www.ed.gov/news/press-releases/secretary-devos-extends-student-loan-forbearance-period-through-january-31-2021-response-covid-19-national-emergency

House passes Stop Student Debt Relief Scams Act clearing bill for White House

On Dec. 7, 2020, the House of Representatives passed S. 1113, the Stop Student Debt Scams Act, which aims to enhance law enforcement and administrative abilities to identify and shut down third-party student loan debt relief scams, by voice vote. The bill was introduced by Senator Tammy Baldwin (D-WI) and passed the Senate on Nov. 2, 2020. The bill will:

• Clarify that it is a federal crime to access U.S. Department of Education information technology systems for fraud, commercial advantage, or private financial gain, and impose fines on scammers for violations of the law;
• Direct the Department of Education to create a new form of third-party access, akin to the current “preparer” function on the FAFSA in order to protect legitimate organizations;
• Require the Department of Education to maintain common-sense reporting, detection, and prevention activities to stop potential or known debt relief scams; and
• Require student loan exit counseling to warn federal loan borrowers about debt relief scams.

The bill now goes to the President for his signature.

FY 2021 NDAA passes House without 90/10 provision

On Dec. 8, 2020, the House passed the conference report to H.R. 6395, the William M. (Mac) Thornberry National Defense Authorization Act for FY 2021 (NDAA), which authorizes funding for the Department of Defense and other national security programs, by a vote of 335-78. Previously, the Senate passed the conference report by a vote of 84-13. The final version of the bill does not include Congressman Mark Takano’s (D-CA) bipartisan amendment, included in the House version, to close the “90/10 loophole,” by making Department of Defense Tuition Assistance funds and Veterans benefits count as federal assistance funds for purposes of 90/10. Another House provision that is not included in the final bill would have required the Department of Defense to audit the eligibility of a proprietary institution to participate in the Department of Defense Tuition Assistance Program if the institution did not meet the financial responsibility standards.

The bill was vetoed by President Trump. However, on Dec. 28, 2020, House lawmakers voted to override Trump’s rejection of the FY 2021 National Defense Authorization Act (NDAA), which passed both chambers of Congress with more than the two-thirds majority needed to overcome a veto. It is now up to the Senate, which is likely to override the veto as well, which would mean the NDAA would be enacted.

ED extends COVID-19 related regulatory flexibilities

On Dec. 11, 2020, the Department of Education published in the Federal Register several new flexibilities, as well as new end dates for existing flexibilities related to the COVID-19 pandemic. Previously, the Department extended most flexibilities through the end of the payment period that includes Dec. 31, 2020, or the end of the payment period that includes the end date of the COVID-19 national emergency, whichever occurs later.

Under this Notice, many new end dates for flexibilities are now extended through the end of the payment period that begins after the date on which COVID-19 national emergency is rescinded.

A copy of the Notice is found at: https://www.govinfo.gov/content/pkg/FR-2020-12-11/pdf/2020-27042.pdf

FSA announces development of a public webpage on the FSA Data Center

On Dec. 17, 2020, Federal Student Aid (FSA) announced that it had developed a public webpage on the FSA Data Center that would provide key information and resources on the Next Generation Financial Services Initiative. The Next GEN FSA Data Center webpage in now live and includes fact sheets about tools and resources available including articles and press releases.

The location is found at: https://studentaid.gov/data-center/next-gen

Biden names nominee for Secretary of Education

On Dec. 22, 2020, President-Elect Joe Biden announced the nomination of Miguel Cardona as the next Secretary of Education. Mr. Cardona is currently the Commissioner of Public Schools in Connecticut and has pushed to reopen schools. All of the press articles note that he has moved rapidly through the state’s education leadership ranks having been an assistant superintendent for teaching and learning at Meriden Public Schools, a Connecticut school district with 9,000 students. He began his career as a fourth-grade teacher and then served as a school principal for 10 years. He is in favor of forgiving college debt and making community college free.

Ranking Member of the House Education and Labor Committee Virginia Foxx (R-NC) released a statement about Mr. Cardona’s nomination for Secretary of Education, which states:

“Unfortunately, President-elect Biden’s nomination of Miguel Cardona is a step in the wrong direction. Nothing suggests he will lead the challenge to fight the status quo that currently traps too many kids in failing schools, saddles too many students with crippling debt, and shows too little concern for taxpayers. We need someone who works for the interests of students above all else. I intend to follow the Senate confirmation proceedings closely as we learn more about Miguel Cardona’s competency for the job.”

A copy of Ranking Member Foxx’s statement is found at: https://republicans-edlabor.house.gov/news/documentsingle.aspx?DocumentID=407131

President Trump signs into law agreement on FY 2021 Consolidated Appropriations bill

On Dec. 27, 2020, President Trump signed into law H.R. 133, the Consolidated Appropriations Act for FY 2021, which reflects the bipartisan agreement on the FY 2021 appropriations and COVID-19 relief packages. The House and Senate reached agreement on the $900 billion coronavirus relief bill and the $1.4 trillion government funding bill on Dec. 21, 2020. The bill includes $73.5 billion in discretionary funding for the Department of Education, $785 million more than what was provided in FY 2020 and $7 billion above the President’s request.

The Consolidated Appropriations Act for FY 2021 sets the maximum Pell Grant at $6,495, an increase of $150 over the FY 2020 level. The bill provides $880 million for the FSEOG program and $1.2 billion for the FWS program. It is not unusual for spending bills to include policy items unrelated to funding, but this bill represents a significant piece of legislation for higher education. Many of the policy provisions of the bill take effect on July 1, 2023 for award year 2023-2024. [The final bill excluded Congresswoman Rosa DeLauro’s (D-CT) House policy rider in Section 313 that would have changed the 90/10 rule (Sec. 487(d) of the HEA).]

Negotiators for the bill removed a bipartisan proposal to extend the suspension of student loan payments and the pause in interest rate accrual until April. The suspension in payments and pause in interest rate accrual had been set to expire on January 1, 2021, but Secretary of Education Betsy DeVos extended both provisions last month until February 1, 2021.

The bill also extends a provision allowing employers to contribute up to $5,250 tax-free toward their employees’ student loans for another five years. The tax incentive, which was included in the CARES Act, was set to expire at the end of the year.

The higher education section of the bill includes a modified version of the Free Application for Federal Student Aid (FAFSA) Simplification Act (S. 2667), sponsored by Senate Health, Education, Labor and Pensions Committee Chairman Lamar Alexander (R-TN) and Senator Doug Jones (D-AL).

Here are some of the higher education provisions, including FAFSA simplification (like a “mini-reauthorization) that begins on July 1, 2023 for the 2023-2024 award year:

• FAFSA: The bill streamlines and reduces the number of questions on the FAFSA from 108 to 23 to 35 depending on whether the student is a dependent or independent.
• Need Analysis/Pell Grant Eligibility: The bill uses the concept of a Student Aid Index (SAI) to replace the Expected Family Contribution (EFC). The SAI would determine eligibility for all forms of Title IV aid except for the maximum and minimum Pell Grant awards, which would be based on the student’ dependency status, the number of parents in the household, and family income as a percentage of the federal poverty level. Pell Grant awards would be determined by subtracting the SAI from the maximum Pell Grant amount. This would allow for the creation of a table that families could use to anticipate future Pell Grant eligibility.
• Drug Convictions: The bill eliminates the suspension of the federal student aid eligibility for applicants with drug-related convictions.
• Selective Service Registration: The bill removes the requirement that male students must register with the Selective Service before the age of 26 in order to be eligible for federal student aid.
• Subsidized Usage Limit Applies (SULA): The bill repeals the 150 percent limitation on lifetime subsidized loan eligibility.
• Pell Grants for Incarcerated Students: The bill restores Pell Grant eligibility for incarcerated individuals. However, proprietary institutions would not be eligible to award or receive Pell Grants on behalf of incarcerated individuals.
• Professional Judgement (PJ): The bill permits the financial aid administrator to offer a dependent student an unsubsidized loan without requiring the parents to fill out the FAFSA if the student does not qualify for, or does not choose to use the unusual circumstance option and the financial aid administrator determines that the parent(s) of the student ended support or would not fill out the form.

The bill allows financial aid administrators, during a time of a qualifying emergency, to use PJ to zero out income earned from work if the applicant can document his/her unemployment status or provide proof of the receipt of unemployment benefits.

The bill also requires the Secretary of Education to adjust the model used to determine program reviews so that it accounts for an increased number of professional judgements during the years associated with a national emergency.

• Cost of Attendance (COA): The most significant modification made is that the Secretary of Education now has the authority to regulate all COA components except for tuition and fees. ED is currently prohibited from regulating COA.
• HBCU Capital Financing: The bill offers relief to recipients of the Historically Black College and University (HBCU) Capital Financing Program, that were unable to repay their loans due to the coronavirus pandemic. The Secretary of Education is required to repay the outstanding balance of principal, interest, fees, and cost on the disbursed loan amounts for each applicable closed loan agreement.
• Pell Grant Eligibility Restoration: The bill provides for the restoration of Pell Grant lifetime eligibility for students who were unable to complete their program due to the institution’s closing, who were falsely certified as eligible to receive federal student financial aid, or whose loans were discharged in a successful borrower defense claim.
• Data Sharing: The bill adds questions to the FAFSA where the applicant and others whose information is provided on the FAFSA provides consent for the data sharing between the IRS and ED that was authorized in the FUTURE Act.

Here are some of the COVID-19 relief provisions of the bill, which is called the Coronavirus Response and Relief Supplemental Appropriations (CRRSA) Act:

• The bill provides $82 billion for an Education Stabilization Fund, where about 82% or $23 billion will be directed toward institutions of higher education using the same Higher Education Emergency Relief Fund (HEERF) model established in the CARES Act. In addition to the $20 billion allocated through the formula for nonprofit institutions of higher education, the bill provides $1.7 billion or 7.5% of the overall higher education funding to minority-serving institutions and an additional $113.5 million or 0.5% of the overall higher education funding for institutions with the greatest unmet need related to the pandemic. Unlike the CARES Act, the bill does not require that 50% of an institution’s funds must be spent on emergency grants for students. Instead, it requires institutions to spend the same amount on student grants as they were required to spend under the CARES Act.
• An additional 3% or $681 million would be set aside for for-profit institutions, using the same formula used to distribute the $20 billion to non-profit institutions. The bill specifies that funds received by for-profit institutions would only be allowed to be used for emergency grants for students.
• The allowable uses of funds are more flexible than in the CARES Act, with institutions permitted to use their funds to defray expenses associated with COVID-19, including lost revenue, reimbursements for expenses already incurred, technology costs associated with the transition to distance education, faculty and staff training, and payroll. Institutions may also use the funds to carry out student support activities authorized by the HEA or to provide emergency grants to students (including those enrolled exclusively in distance education). The grants may be used to cover any component of the cost of attendance or for emergency costs that arise due to COVID-19, including tuition, food, housing, health care, and childcare.
• The expanded allowable uses for funds would apply to both new HEERF funds and unspent CARES Act funds. However, institutions would still be required to adhere to the 50/50 institutional/student share split for unspent CARES Act funds.
• The bill does not contain any student eligibility requirements; however, institutions are required to prioritize grants to students with exceptional financial need, such as those with Pell Grants.

Secretary of Education Betsy DeVos released a statement that said:

“At the higher education level, I was disheartened to see Congress pause crucial progress that must occur on Next Gen in order to continue to provide and improve upon high quality service to borrowers. However, this bill does provide for additional financial grants to students impacted by the pandemic. It also codifies into law the Department’s recommendation that institutions prioritize students to receive these grants based on their level of need.

In addition, this bill builds on our efforts to make the Federal Student Aid process more borrower-friendly from the very start by streamlining the FAFSA – for which Senator Alexander deserves great credit. And I am so pleased to see Congress finally right the wrong in the 1994 Crime Bill by permanently restoring Pell eligibility for incarcerated students. I have seen firsthand the transformative impact Second Chance Pell has had on the lives of individuals who are incarcerated, which is why I’ve continued to urge and encourage Congress to make the Department’s experimental program permanent. This is a historic step, and I look forward to seeing Second Chance Pell grants continue to change lives for the better.”

A copy of the Secretary’s complete statement is found at: https://www.ed.gov/news/press-releases/secretary-devos-releases-statement-signing-covid-relief-package

SHARON H. BOB PH.D., Higher Education Specialist on Policy and Regulation, is a member of the Education Group at the Washington, DC law firm of Powers Pyles Sutter & Verville, PC. Dr. Bob advises all sectors of higher education regarding strategic issues pertaining to their participation in the federal student financial assistance programs, accreditation, licensure, education tax benefits, and related regulatory matters.