Association of Private Sector Colleges and Universities Files Suit Against US Dept. of Ed to STOP Unlawful Regulations

/PRNewswire/ -- The Association of Private Sector Colleges and Universities (APSCU), on behalf of its more than 1,500 member institutions, today filed a lawsuit in the federal District Court in Washington, DC seeking to block portions of the Department of Education's October 29, 2010 final regulations, 75 Fed. Reg. 66,832, which impose unlawful and unfair limitations on access to higher education.

"APSCU members believe in fair regulatory oversight to protect students, institutions and taxpayers," said Harris Miller, president and CEO of APSCU. "But these regulations as written are not fair, lawful or workable. We've filed this lawsuit to halt the implementation of three specific regulations only after careful consideration and only after our good faith efforts to work with the Department of Education to craft clear, workable rules through the negotiated rulemaking process and the public comment period failed."

"President Obama signed an executive order this week seeking greater stakeholder input and placing heightened reliance on consumer disclosures over government controls. In this case, we have a set of regulations that constitute a classic case of bureaucratic overreach. The President expressed concern about rules that have gotten out of balance, place unreasonable burdens on organizations and could have a chilling effect. If these vague and poorly written regulations are implemented," Miller said, "they will have a chilling effect on job creation and innovation, forcing our schools to waste resources defending themselves against frivolous lawsuits at the expense of investment in students, faculty, facilities and technology."

APSCU has filed this suit to protect the more than three million students across America currently investing in their futures by enrolling in private sector colleges and universities. These are typically "nontraditional" students - whether they are working adults, single parents, returning veterans, low-income, minority, first-generation college attendees or other underserved student populations - who are unable to spend several years at a traditional college.

As explained below, the new Department of Education regulations challenged in APSCU's lawsuit go far beyond lawful regulatory efforts in three areas within the Title IV federal student aid program—state authorization to conduct educational activities within state borders (34 C.F.R. sections 600.4(a)(3), 600.5(a)(4), 600.6(a)(3), 600.9, and 668.43(b)), employee compensation (34 C.F.R. section 668.14(b)), and misrepresentations to the public (34 C.F.R. sections 668.71-668.75):

* The State Authorization regulations force states to adopt particular regulatory regimes rather than adopt their own oversight structures. Notably, these regulations impede innovation and make it significantly more difficult for schools to provide students with online and other distance education programs since they require the authorization of every state where any student may be located, rather than relying on the review of the state in which the school is actually located.
* The Compensation regulations contradict the will of Congress, which in 1992 did not prohibit the payment of merit-based salaries. The new regulations eliminate almost 20 years of interpretive guidance on this issue, captured in 12 clarifying regulations in place since 2002. Completely eliminating those regulations introduces substantial confusion and forecloses practices that clearly benefit students, such as tying employee compensation to student graduation rates. This blanket prohibition will lead to a loss of quality employees and curtailed outreach, diminishing the ability of schools to attract those students most likely to succeed.
* APSCU agrees that statements made to intentionally mislead students are unacceptable. The new Misrepresentation regulations permit the Department to impose severe penalties on schools for inadvertent, insignificant, or innocent statements—including such statements made by third party advertising and marketing partners. Such statements need not be material or cause actual damage. Moreover, penalties can be imposed without due process. As a result of these regulations, schools will be forced to provide less information to prospective students out of fear of being held liable for any mistakes that are made.

APSCU believes that in adopting these regulations, the Department has violated the Constitution, the Higher Education Act, and the Administrative Procedure Act. Miller said that if left in place, these regulations will do irreparable harm to students and schools.

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HHS Announces National Effort to Reshape and Raise Quality in Head Start Programs

Today, the U.S. Department of Health and Human Services (HHS) announced new proposed regulations that for the first time require lower performing Head Start programs to compete against other entities for continued funding. The proposed regulations will be implemented with a number of new training and technical assistance initiatives to help Head Start grantees meet higher standards.

Under the proposed rules, Head Start grantees will be required to compete for their grants if they fall short of quality benchmarks, including classroom instruction and health and safety standards as well as financial accountability and integrity. Among the factors that will be considered is a classroom assessment that was developed by researchers at the University of Virginia and has been validated through rigorous research.

"These new regulations represent an important step in raising the bar on quality in Head Start programs," HHS Secretary Kathleen Sebelius said. "Head Start has a critical mission - to help vulnerable children achieve their full potential. It is a top priority for the Obama Administration to ensure that the program fulfills that mission by holding programs accountable for classroom quality and high standards of program integrity."

Under the proposed rule, at least 25 percent of grantees will be required to compete for funding. This proposal goes beyond a recommendation from an advisory committee convened in early 2008 that 15 to 20 percent of programs compete for funding. The Head Start proposed rule is consistent with the Administration's broad commitment to hold those that receive federal funding accountable and to use competition to ensure that only the highest quality entities receive federal funding.

HHS is also announcing this week, four new national training and technical assistance centers which will identify and disseminate evidence-based best practices to local Head Start programs. Head Start training and technical assistance centers will support Head Start programs to bring best practices into Head Start classrooms around the country, promoting continuous improvement and innovation at the ground level. HHS is also placing expert mentors/coaches in a number of Head Start programs across the country to provide on-the-ground training to teachers and program directors, to help them improve their classrooms. Further, 10 exceptional local Head Start programs, each nominated by the governor in its state, are being named as Centers of Excellence and will provide peer-to-peer technical assistance. A goal of all of these training and technical assistance initiatives is to help Head Start grantees meet the standards articulated in the proposed rule that is also being released today.

"These important reforms will directly benefit the children and families we serve," said David Hansell, Acting Assistant Secretary for Children and Families. "Head Start and Early Head Start serve nearly a million of our most vulnerable children during the critical first few years of cognitive and social development. Holding programs accountable for meeting quality standards, and providing the help grantees need to meet these standards, will ensure that programs provide a quality Head Start experience that children need to be successful in school and life."

"A renewed era of innovation, improvement and integrity in Head Start is here," Secretary Sebelius said. "Helping all children realize their dreams and potential will help us build tomorrow's workforce, strengthen our economy, and fulfill American's promise. Giving poor children and families the tools they need to succeed is in everyone's best interest."

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'The Number Two Pencil Solution': One Public School Teacher's Fight to Fend off Forces Bent on Destroying Public Education for Good

/PRNewswire/ -- Author Harry Ernest Fitch is proud to announce the release of his new book, "The Number Two Pencil Solution" (published by iUniverse), a book that takes readers inside the ever-changing face of the U.S. public education system. Follow along as Dan Wilder, a public school English teacher, dedicated to overseeing merit and achievement in his language arts students, interacts with many of the new mandates and policies created by the likes of the No Child Left Behind Act. Discover for yourself how these new policies make it more of a challenge for educators to teach in the public school system.

From ever-increasing regulations and mandates, to opponents of public school funding, to rigid administrators and indulgent parents, Wilder faces a mounting battle against a relentless bureaucracy that he believes he fights alone, especially as he deals with his disintegrating marriage to Mary Elizabeth, a third grade teacher.

"Every child can learn!" The words burst from his lips in unbridled anger. "Let us do our jobs! The effective way we know how! The way education is headed, every child will pass. But their so-called success will be hollow. And the so-called brighter students will lose motivation. That's what dumbing down like this does."

As Dan Wilder senses the education he loves is vanishing and may be a symptom of the inevitability of change, he revisits his hometown, where he realizes the futility of his situation, leading him to commit his final symbolic act of defiance.

Dedicated to all teachers who strive for excellence against the rising tide of mediocrity within public education, Fitch welcomes all readers to read his book and realize what our underpaid and overworked staff of public educator's face each and every day they set foot into their classrooms.

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