Compliance Alert – November 2023
- November 29th, 2023
- in Compliance, Newsletter
Legislative Updates
The 2023 Legislative Session is now complete, and the 2024 Legislative session will begin in February 2024.
Final Rules
The Department of State (the Department) finalizes the proposed rule it published on March 3, 2020, relating to the availability to the public of information that is under the control of the Department. These changes were prompted by changes in the law governing disclosure of such information, including the Freedom of Information Act Improvement Act of 2016. This final rule reflects changes in the FOIA and consequent changes in the Department’s procedures since the last major revision of the Department’s regulations on public access to information, which occurred in 2016.
Federal Agency: Department of State
Affected Area: Campus
The Secretary is designating for early implementation the change to the process for a borrower re-enrolling in the Revised Pay As You Earn (REPAYE) repayment plan, which is now also known as the Saving on a Valuable Education (SAVE) repayment plan, after previously being enrolled in a different plan. Under current 34 CFR 685.209(c)(4)(vi)(D) and (E), a borrower returning to REPAYE must provide documentation of income for the years in which the borrower was not on REPAYE. Section 685.209(e) of the final rule, which will become effective on July 1, 2024, employs a simpler process that does not require documentation of prior years’ income information. See88 FR 43820, 43901. On October 23, 2023, the Department will implement § 685.209(e), to the extent it eliminates the requirement for borrowers returning to SAVE after having previously been on REPAYE to provide prior years’ income. The Secretary is designating only the removal of this requirement for early implementation, rather than all of § 685.209(e).
Federal Agency: Department of Education
Affected Area: Student Financial Aid
Proposed Rules
This proposed rule would revise the Medicare Advantage (Part C), Medicare Prescription Drug Benefit (Part D), Medicare cost plan, and Programs of All-Inclusive Care for the Elderly (PACE) regulations to implement changes related to Star Ratings, marketing and communications, agent/broker compensation, health equity, dual eligible special needs plans (D–SNPs), utilization management, network adequacy, and other programmatic areas. This proposed rule also includes proposals to codify existing sub-regulatory guidance in the Part C and Part D programs.
Federal Agency: Department of Health and Human Services
Affected Area: UMC, Capstone Village
Comments Due: 1/5/2024
Notices
OSHA solicits public comments concerning its proposal to extend the Office of Management and Budget’s (OMB) approval for the information collection requirements specified in its Gear Certification Standard
Federal Agency: Occupational Safety and Health Administration (OSHA), Labor
Affected Area: EHS, HR
The Federal Direct PLUS Loan Request for Supplemental Information serves as the means by which a parent or graduate/professional student Direct PLUS Loan applicant may provide certain information to a school that will assist the school in originating the borrower’s Direct PLUS Loan award, as an alternative to providing this information to the school by other means established by the school. This is a request for a revision of the currently approved form. The form was reorganized for improved usability and flow. There has been no change to the underlying regulations.
Federal Agency: Department of Education
Affected Area: Student Financial Aid
Comments Due: 11/29/2023
This request for written third-party comments concerning the performance of accrediting agencies under review by the Secretary of Education is required by 496(n)(1)(A) of the Higher Education Act (HEA) of 1965, as amended, and pertains to the winter 2025 meeting of the National Advisory Committee on Institutional Quality and Integrity (NACIQI). The meeting date and location have not been determined but will be announced in a later Federal Register notice. In addition, a later Federal Register notice will describe how to register to provide oral comments at the meeting. Note: Written comments about the specific agencies identified below will not be accepted or provided to NACIQI members if those comments are submitted after the deadline provided in this Federal Register notice, which is December 8, 2023. Written comments must be submitted to the mailbox identified below. Do not submit written comments directly to Department officials or to NACIQI members.
Federal Agency: Accreditation Group, Office of Postsecondary Education, U.S. Department of Education
Affected Area: Office of Institutional Research and Assessment, Office of Institutional Effectiveness
Comments Due: 12/8/2023
This Notice implements Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act of 2002). In doing so, the Department of Transportation notifies all employees, former employees, and applicants for Federal employment of the rights and protections available to them under the Federal Anti-discrimination and Whistleblower Protection Laws.
Federal Agency: Department of Transportation
Affected Area: Campus
The U.S. Department of Transportation (DOT, or Department) is considering whether to amend the accessibility requirements for transportation facilities under the Americans with Disabilities Act of 1990 (ADA) currently contained in Appendix A to DOT’s regulations governing transportation services for individuals with disabilities. The Department may consider whether to improve access beyond the minimum standards established by the U.S. Access Board and Appendix A. The Department seeks suggestions from all transportation stakeholders—including transportation agencies, transportation riders (particularly those with disabilities), community members, advocacy groups, planning officials, States, cities, researchers and technology companies, and the private sector—on enhancements that the Department could consider with regard to the ADA standards for transportation buildings and facilities. The Department specifically seeks feedback on areas including, but not limited to vertical access, communications, and wayfinding. The Department also invites comment on any other aspects of the current accessibility requirements for transportation facilities under the ADA contained in DOT’s regulations governing transportation services for individuals with disabilities.
Federal Agency: Department of Transportation
Affected Area: Campus Development, Transportation
Comments Due: 1/5/2024
This is a new information collection request for the eZ-Audit—Electronic Submission of 90/10 Revenue Attestation for Proprietary Institutions. The request includes updates to the collection for domestic and foreign proprietary/for-profit schools’ 90/10 Revenue Attestation, and updates to the 90/10 Revenue Attestation calculation and reporting requirements per The American Rescue Plan of 2021 (ARP) which amended the Higher Education Act (HEA) of 1965 and the update in regulatory requirements made to 34 CFR 668.28.
Federal Agency: Department of Education
Affected Area: Student Financial Aid
Comments Due: 12/7/2023
Items of Interest
Presidents Break With Supreme Court on Affirmative Action
Most college and university presidents disagree with the decision on race-conscious admissions and think it will reduce diversity in higher education—just not at their institutions, a new survey finds.
Celebrating Brilliant Minds: Nominations Are Open for the $300,000+ Nemmers Prizes
Northwestern University will award prizes starting at $300,000 to a transformative scholar in four different fields: economics, earth sciences, medical science, and mathematics. Deadlines approaching. Make your nomination now.
DoD recently released a policy addressing unwanted foreign influence on DoD-funded research. According to the policy, DoD will conduct risk-based security reviews and assess potential conflicts of interest and conflicts of commitment for fundamental research proposals.[1] If a security review exposes risks that cannot be mitigated, DoD will not fund the research. Alongside the policy, DoD also released a list of foreign entities that have been confirmed to engage in malign activities. According to DoD, collaboration with a foreign entity on the list increases the risk of research results being misappropriated to the detriment of U.S. national security.
Q&A: Being a University’s First Chief AI Officer
Artificial intelligence is moving from the classroom into the C-suite, as higher ed institutions seek to bring AI knowledge and skills into leadership positions. Western University, based in Ontario, Canada, is one of the first academic institutions in the world to create a top-level AI role, with Mark Daley starting as chief artificial intelligence officer earlier this week.
U.S. Universities Behind on Interdisciplinary Science
The report highlights a gap between the interdisciplinary goals of many major scientific research institutions in the West and the actualization of those goals, which results in the continued siloing of major fields of scientific research.
Living guidelines for generative AI — why scientists must oversee its use
The integrity of science itself is also threatened by generative AI, which is already changing how scientists look for information, conduct their research and write and evaluate publications. The widespread use of commercial ‘black box’ AI tools in research might introduce biases and inaccuracies that diminish the validity of scientific knowledge. Generated outputs could distort scientific facts, while still sounding authoritative. The risks are real, but banning the technology seems unrealistic. How can we benefit from generative AI while avoiding the harms?
AI and Peer Review: Enemies or Allies?
Amid bans and restrictions on their use, artificial intelligence tools are creating interest among those who see a solution to systemic peer-review woes.
U.S. Bans Most Withholding of Transcripts
A federal policy change could give thousands of students access to transcripts and academic credits their colleges have withheld because they owed the institutions money. The new rule, part of a broad package of regulations the U.S. Education Department unveiled Tuesday, could amount to a national ban on the practice of transcript withholding, experts say.
Campus Vending Machines Now Stocked With Life-Saving Products
The machines are the latest harm-reduction strategy on college campuses and give students easy access to Narcan, the overdose-reversing drug, and other related items that can save lives.
Overhaul of Financial Aid Formula Will Boost Pell Grant Eligibility
A new report by the State Higher Education Executive Officers Association estimates nearly 220,000 more students will qualify under the pending new federal aid formula.
Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence
Artificial intelligence (AI) holds extraordinary potential for both promise and peril. Responsible AI use has the potential to help solve urgent challenges while making our world more prosperous, productive, innovative, and secure. At the same time, irresponsible use could exacerbate societal harms such as fraud, discrimination, bias, and disinformation; displace and disempower workers; stifle competition; and pose risks to national security. Harnessing AI for good and realizing its myriad benefits requires mitigating its substantial risks. This endeavor demands a society-wide effort that includes government, the private sector, academia, and civil society.
House Education Budget Cuts Federal Work-Study, Other Programs
As the House gears up to consider the Labor–Health and Human Services spending bill, which also includes the Education Department’s budget, lawmakers released more information about what exactly is in the legislation that controls nearly $200 billion in discretionary funding for all agencies—including $67.5 billion for the Education Department.
When AI in Higher Education Means More
The SEC and its member universities are leaders in transforming higher education. As collective leaders in post-secondary education and research, the Conference’s provosts created the SEC Artificial Intelligence Consortium, a collaboration to focus on AI for workforce development.
Can Microcredentials Bring Stop-Outs Back to College?
A swath of learners who left college before earning a degree say microcredentials and credit for prior learning could entice them back to college, according to a new survey.
A New Approach to Categorizing Colleges
Changes in Carnegie Classifications will simplify requirements for top research category and give colleges multiple labels instead of one, to make it easier to compare peers.
Affordable Housing Is a Higher Ed Issue
It’s not enough for colleges to support students experiencing homelessness—they need to lobby to improve access to affordable housing, Paul Schofield writes.
What Can Higher Ed Institutions Do Today to Prepare for CMMC 2.0?
The rulemaking process runs until October 2025, but there are things colleges and universities should be considering now if they plan to bid on Department of Defense contracts.
Science Advisory Committee on Chemicals; Request for Nominations
The Environmental Protection Agency (EPA) invites the public to nominate scientific experts from a diverse range of disciplines to be considered for appointment to the Science Advisory Committee on Chemicals (SACC), established pursuant to the Toxic Substances Control Act (TSCA). EPA anticipates appointing new SACC members by mid-2024 due to expiring membership terms. Sources in addition to this Federal Register Notice will be utilized to solicit nominations and identify candidates. Any interested person or organization may nominate qualified individuals to be considered prospective candidates for the committee by following the instructions provided in this document. Individuals may also self-nominate.
Comments Due: 12/11/2023
Reforming Higher Education, One Bill at a Time
The U.S. House’s education committee is moving forward with a piecemeal approach to updating the Higher Education Act of 1965—a massive piece of legislation that governs federal financial aid programs and a range of other policies but hasn’t been reauthorized since 2008.
Oregon Approves Alternative to Bar Exam
Law school graduates will be able to practice after 675 hours working with a licensed attorney in the state and an examination of their work by the State Board of Bar Examiners.
Measuring Higher Ed’s Benefits Beyond Earnings
A new report from Lumina Foundation and Gallup reveals a host of positive outcomes associated with going to college. Researchers hope they will lead to a new perception of higher ed’s “worth.
New Regulations Will Impact Graduate Enrollment
- Maren Wood predicts four consequences of the U.S. Department of Education’s efforts to hold institutions accountable for their programs’ costs and alumni career outcomes.
Researchers Lack Support Needed to Share Data
Almost three-quarters of the researchers say they’ve never received support with planning, managing or sharing their research data, according to the State of Open Data Report 2023 released Tuesday by Digital Science, a technology company; Figshare, an online open-access research repository; and publisher Springer Nature.
Policies
| Posting Date | Department | Contact | Name | Effective Date | Summary |
|---|---|---|---|---|---|
| 10/30/2023 | Equal Opportunity Programs and Title IX | Beth Howard | Equal Opportunity and Non-Discrimination Policy | 9/21/2023 | Revised Policy: Updated the policy’s name and added clarifying information in the Affirmative Action section. |
| 10/30/2023 | Equal Opportunity Programs and Title IX | Beth Howard | Harassment Policy | 7/31/2013 | Revised Policy: Updated to reflect changes in processes and to be consistent with similar language in other UA policies. |
| 11/3/2023 | Compliance, Ethics, and Regulatory Affairs | Cheryl Mowdy | Anti-Retaliation Policy | 10/13/2023 | New Policy: Retaliation against members of the University community who make good faith reports regarding potential University-related violations of laws, regulations or University policies is prohibited. |
| 11/3/2023 | Environmental Health and Safety | Gene Holcomb | Fire Drill & Evacuation Policy | 11/3/2023 | New Policy: The purpose of this policy is to ensure that the University of Alabama (UA) is in compliance with the International Fire Code (IFC), state ordinances, and local ordinances. Environmental Health & Safety (EHS) is responsible for conducting all code required fire drills. |
| 11/3/2023 | Public Safety | Ralph Clayton | Multipurpose Storm Shelter Policy | 11/3/2023 | New Policy: This policy defines the terms for use of multipurpose storm shelter facilities on the UA campus based on the requirements of the State of Alabama Act 2012-554 and the ICC/NSSA Standard for the Design and Construction of Storm Shelters (ICC 500-2008) adopted by the State of Alabama Building Commission. |
| 11/3/2023 | Environmental Health and Safety | Juliette Botoklo | Safety Training Policy | 11/3/2023 | New Policy: The purpose of The University of Alabama (University) Safety Training Program and Policy is to provide employees and students with general knowledge and information necessary to recognize risks associated with their work or course and take necessary steps to reduce the risk to the lowest possible level while performing the job or action safely. Most often, safety training courses are developed in response to federal, state, and local regulations. Additionally, safety training is often required by accreditation agencies to meet institutional needs. Failure to successfully complete or participate in training exposes the individual to risk of injury and could place the University in a state of non-compliance with various safety regulations. |