Federal Regulations Squeeze Already Pressured Private Schools

By Hannah Vanbiber (hvanbiber@gmail.com)

East Texas Baptist University is exempted from the
new regulations.
Photo by Hannah Vanbiber

Private colleges and universities are scrambling to comply with a new list of federal regulations by July 1. But while the healthcare debate rages over how much control government ought to have in private sectors, few Americans outside of academic circles seem to know about this federal move in higher education. Many within academia are worried that these new regulations reflect increasing centralization of control.

But states, including Texas, are giving exemptions to protect the independence of their private institutions.

“The issue is that we don’t want the federal government intruding on our practices,” said Samuel W. “Dub” Oliver, president of East Texas Baptist University. “We are private and independent for a reason.”

The Higher Education Opportunity Act was passed in 2008 and since then the Department of Education has applied the law to academic institutions through specific federal regulations. Most of these regulations will go into effect July 1. 

But as the deadline approaches, some institutions like ETBU are taking advantage of a loophole written into the provision.

ETBU is located in Marshall, TX. Approximately 1200 students are enrolled.
Photo courtesy of Jamie Vanbiber

The Independent Colleges and Universities of Texas alerted member institutions to “dig up old documentation to prove that we are functioning well and are in good standing with accrediting bodies,” said Oliver.

The new regulations allow for individual state legislations to give exemptions to its institutions if they meet certain requirements, such as accreditation.  In Texas, all in-state universities have been allowed this exemption.  Only universities with satellite campuses outside of Texas, like Baylor, aren’t eligible.

The new regulations attempt to ensure that independent institutions are meeting important academic requirements.  For example, one of the rules going into effect in July is a universal definition of “credit hour.”  The goal is to provide a standard to ensure quality of education.  But according to Oliver the federal definition is impractical because it doesn’t recognize the diversity of class elements. An art class, for example, has very little in-class or “seat time” but may have hours more studio work than another class that meets three times a week.

“The two key problems with this federalization are the overreach of the government’s place and the downplay of diversity between universities and within their programs,” Oliver said.

The new legislation has been fiercely contested from its first introduction.

“The federal government needs to respect our independence,” 

said Dr. Samuel W. “Dub” Oliver, president of East Texas Baptist University. 

Photo courtesy of Dub Oliver

“There’s a consensus among associations that this provision ought to be removed,” said Jan Friis, vice president for government affairs at the Council for Higher Education Accreditation at a webinar last July.  His statement represents 70 associations within higher education, including organizations like the National Association of Independent Colleges and Universities.  A similar statement was published by the American Council for Education on April 26 of this year.

For many colleges and universities, the federal regulation simply means more paperwork. But this can mean increased costs to the school and ultimately to students. Independent institutions are already accountable to accrediting bodies, so many see the new regulations as added busywork.

“The accreditation system is working and it’s effective,” said Oliver. “I think the government has seen a few select schools failing to meet standards and now all of us are being affected by that.”

For ETBU, exempted from the new regulations, the pressure has been averted.

“It’s really a relief,” said Oliver. “It means we’re not having to scramble so much.”

But for multi-state private colleges and universities, federalization may become a closer reality.

Accountability for Higher Education by hvanbiber