Drug Free Schools and Communities Act Consumer Disclosures The Clery Act and Drug Free Schools and Communities Act Presented at: The 12th Annual National Conference on Allied Health Education February 26, 2015 Bellagio Resort Las Vegas, NV Presented by Sharon H. Bob, Ph.D. 1501 M Street, NW, Seventh Floor, Washington, DC 20005 Phone: (202) 466-6550 Fax: (202) 785-1756 www.ppsv.com

General Disclosure Requirements With limited exceptions, most information can be disclosed via internet or intranet websites that are accessible to individuals to whom the information must be disclosed, although may be available through appropriate publications or mailings. Information generally must be made available to enrolled and prospective students.

Annual Disclosure Requirements Must distribute an annual notice to enrolled students of availability of required information: List and briefly describe available information; Describe how to obtain information; Include exact web address; and Include statement that a paper copy will be provided upon request. Financial aid information. Institutional information. Information required to be disclosed under Family Education Rights and Privacy Act (FERPA).

Annual FERPA Notification Postsecondary schools must annually notify students in attendance of their rights under FERPA, including their right to – Inspect and review education records; Request amendment of education records; Consent to disclosure of personally identifiable information, with certain exceptions; File a complaint with ED; and Describe directory information disclosures and right to opt out. FERPA Resource Family Policy Compliance Office (FPCO) www.ed.gov/fpco

Student Financial Aid Information Schools must make available to students information about: All financial student assistance programs available to students who enroll at the school; Terms and conditions of Title IV, HEA loans; Criteria for selecting recipients and for determining award amount; Eligibility requirements and procedures for applying for aid; Methods and frequency of disbursements of aid; Rights and responsibilities of students receiving Title IV assistance; Satisfactory academic progress requirements; and

Student Financial Aid Information, cont. Loan terms including sample repayment schedule and necessity for repaying loan. Statement about enrolling in study abroad and its impact on applying for financial aid. Exit counseling information the school provides and collects.

Cost of Attendance Schools must make available information about the cost of attending the school including: Tuition and fees. Books and supplies. Room and board. Transportation. Additional costs.

R2T4 and Refund Disclosures Schools must make available information about: Any refund policies applicable to the school. Requirements and procedures for officially withdrawing from the school. Summary of R2T4 requirements. See page 5-116 of 2014-15 FSA Handbook.

Retention Rate Schools must report retention rates of certificate or degree- seeking, first-time full-time undergraduates entering the institution. Retention rate is: A measure of the rate at which students persist in their educational program at an institution, expressed as a percentage.

Placement Rates Required disclosures: Placement and types of employment obtained by graduates of the institution’s degree or certificate programs. Include any placement rates calculated by institution. Placement rate may be gathered from state data systems, alumni or student satisfaction surveys, the school’s placement rate for any program, if it calculates such a rate. Identify source of information provided, including timeframes and methodology.

Completion and Graduation Rates Must be disaggregated by: Gender. Major racial/ethnic subgroups. Recipients of Federal Pell Grant, FFEL/DL (other than unsubsidized Stafford loan). Recipients of neither Pell Grant nor FFEL/DL (other than unsubsidized Stafford loan). Not required if number would not yield statistically reliable information or would reveal personally identifiable information.

Post-Graduate Study For any 4-year program at the school, report the types of graduates and professional education in which its graduates enroll. This may be gathered from state data systems, alumni or student satisfaction surveys or other relevant sources.

Gainful Employment - Disclosures The court left in place regulations at 34 CFR 668.6(b) requiring institutions to disclose certain information about each of their GE programs. Schools must use the Department’s GE Disclosure Template to provide all GE disclosures. Schools must update their GE program disclosures with 13-14 information no later than January 31, 2015. See GE Electronic Announcement #50 posted to IFAP on September 11, 2014.

Gainful Employment – Use of ED Template Schools must prominently provide a direct link from the home page of the GE Program website to the program’s disclosure page that was generated by the disclosure template application. A unique output file must be generated for each GE program at the school. Any other web page containing general, academic, or admissions information about the GE Program must also contain a prominent and direct link to the program’s web home page or to the GE Program disclosure page generated by the template.

Textbook Information for Students For each course listed in the school’s online course schedule, must disclose: International Standard Book Number; Retail price for each required or recommended textbook; and Indication that required information is unavailable if it is yet to be determined with designation “to be determined” Include a notice on written course schedule that textbook information is on the internet course schedule, and include web address.

Peer-to-Peer File Sharing and Copyrighted Materials PPA now requires that schools have developed and implemented written plans to effectively combat unauthorized distribution of copyrighted materials including peer-to-peer file sharing. Applies to all users of institution’s network without interfering with educational and research use of network.

Peer-to-Peer File Sharing The written plan must include: At least one technology-based deterrent; Mechanisms for education of community; Institutional policies and sanctions for violations; Procedures for handling violations: Including disciplinary actions; and Procedures to periodically review effectiveness of the plan. No particular technology measures required.

Peer-to-Peer Disclosures Schools must disclose to students: Explicit statement that unauthorized distribution of copyrighted material may subject student to civil and criminal liabilities; Description of the institution’s policies on unauthorized peer- to-peer file sharing, including disciplinary actions; and Summary of penalties for violation of federal copyright laws See page 2-105 of the 2014-15 FSA Handbook

Peer-to-Peer File Sharing and Copyrighted Materials Institutions must, in consultation with chief technology officer, or other designated officer of institution: Review legal alternatives for downloading or otherwise acquiring copyrighted materials; Make available results of the review to students; and To extent practicable, offer legal alternatives for downloading or acquiring copyrighted materials.

Campus Security

Clery Act Basics The Clery Act requires all schools to: Collect, classify, and count crime reports and crime statistics; Publish and actively distribute an annual security report that contains all statistical and policy disclosures; Submit crime statistics to ED; and Issue timely warnings and emergency notifications.

Annual Security Report Schools must publish and distribute the annual security report (ASR): Must publish the annual security report by October 1 each year; Report must be contained within a single document; Report must include: Three calendar years of campus crime statistics; and All required current campus safety and security policies and procedures.

Annual Security Report ,cont. Must distribute the annual security report to all current students and employees: Directly by mail, hand delivery, e-mail or by posting on an Internet or intranet site that is reasonably accessible to current students and employees. If you post the annual security report online you must distribute a notice by October 1 each year that explains: Report’s availability; Exact URL; Description of contents; and Statement that paper copy is available upon request.

Annual Security Report ,cont. Must actively notify prospective students and employees about the availability of the ASR. The notice must include a description of the report’s contents and explain how to obtain a paper copy: Must provide a copy of the ASR upon request. If posted on an internet site notice must also include exact URL where ASR is posted. For prospective students and employees, information may not be posted on an intranet site.

Violence Against Women Act (VAWA) Signed into law on March 7, 2013. Law changed Clery Act requirements. Implementation: Electronic Announcement May 29, 2013. Proposed rules published in Federal Register on June 20,2014: Negotiators reached consensus; and Comment period ended July 21, 2014. Dear Colleague Letter GEN-14-13 published July 14, 2014 described school responsibilities for complying with statutory change prior to publication of final regulations with the 10/1/2014 Annual Security Report.

VAWA Final Regulations Final regulations published October 20, 2014 in Federal Register: Effective date is July 1, 2015. Limited changes from NPRM: Reporting stalking crossing calendar years; Reporting stalking after an “official intervention”; and Reporting “unfounded” crime reports.

Fire Safety Report Required of institutions that maintain on-campus student housing. Four components: Publish and distribute annual fire safety report; Submit fire statistics to ED; Maintain log of reported fires; and Conduct safety drills.

Fire Safety Report, cont. Schools must publish annual fire safety report by October 1 each year . Report must include: Fire statistics; and Current fire safety policies and procedures. Annual fire safety report and annual security report: May be published separately or together; and If published separately, specify how to access the other report in each one.

Drug Free Schools and Communities Act

Drug-Free Schools and Communities Act Institutions must adopt and implement a drug and alcohol abuse education and prevention program (DAAPP): To prevent the unlawful possession, use or distribution of illicit drugs and alcohol by all students and employees on school premises or as part of any of its activities. Accessible to any student, employee or officer. See 34 C.F.R Subpart 86. Certification of compliance included in signed Program Participation Agreement.

Drug Prevention Program Description of legal sanctions for unlawful possession or distribution of illegal drugs and alcohol. Description of the health risks associated with the use of illicit drugs and abuse of alcohol. Description of any drug or alcohol counseling, treatment, rehabilitation or re-entry programs that are available to students and employees. Clear statement that the school will impose disciplinary sanctions on students and employees (consistent with law) for violation of the standards of conduct.

Review of Plan Effectiveness Schools must review drug prevention plans biennially: Determine the effectiveness of the plan; Determine the number of drug and alcohol violations and fatalities that occur on campus and are reported to campus officials; and Ensure disciplinary sanctions are consistently enforced, including the number and type of sanctions imposed. Review report and supporting documents must be maintained by the school and made available to the Department upon request.

Drug Prevention Program Written information must be distributed annually to all employees and to each student taking one or more classes for any kind of academic credit. Institutions must retain records including the annual notification document for three years after the fiscal year in which the record was created.

Other Oversight Agencies

Consumer Financial Protection Bureau (CFPB)

CFPB Oversees Student Loan Programs The Consumer Financial Protection Bureau (CFPB) oversees private education loans and marketing of financial products to students: On 12/6/2013, the CFPB published a final rule in the Federal Register that extends oversight to certain nonbank student loan servicers to ensure compliance with federal consumer financial laws. The rule would cover the servicing of private student loans and federal student loans.

CFPB Oversees Student Loan Programs, cont. On 12/5/2014, the CFPB released its second semi- annual report and found that approximately 6,200 student loan complaints are received by the CFPB. The more common complaint relates to dealing with a lender or servicer and includes issues such as making payments, getting information about a loan, and managing an account. Of the complaints, 87% involved 8 companies. A copy of the report is available at: http://files.consumerfinance.gov/f/201501_cfpb_se mi-annual-report-fall-2014.pdf

CFPB Oversees Student Loan Programs, cont. On 12/17/2013, the CFPB issued a press release requesting financial institutions to publicly disclose financial agreements with colleges and universities to market debt, prepaid, and other products to students. A press release is found at: http://www.consumerfinance.gov/newsroom/cf pb-calls-on-financial-institutions-to-publicly- disclose-campus-financial-agreements/.

Federal Trade Commission (FTC)

FTC Warns Veterans about For-Profit Institutions On 11/1/2013, the Federal Trade Commission (FTC) issued warning to veterans to be cautious in choosing to spend their post-9/11 GI Bill benefits to attend for- profit institutions. The FTC posted “8 Questions to Ask” when selecting a college: What is the total cost and how will I pay for the tuition or expenses not covered by VA benefits?

FTC Warns Veterans about For-Profit Institutions, cont. Of the recent graduates who borrowed money, what percentage of them is delinquent on their loans? Will a degree from the school get me where I want to go? Is there pressure to enroll? Can I get credit for military training? Can I transfer credit I earn at this school to other schools? Is the school accredited? Is the school committed to helping veterans?

FTC Warns Veterans About For-Profit Institutions, cont. The FTC warning is found at: http://www.consumer.ftc.gov/articles/0395-choosing- college.

“Vocational School Guides” FTC Issues Revised “Vocational School Guides” On 11/18/2013, the Federal Trade Commission (FTC) issued revisions in the Federal Register to its “Vocational School Guides,” which advise for-profit institutions how to avoid deceptive marketing and recruiting practices. In 5/1972, Guides issued, effective date 8/14/1972; Guides were amended effective 10/9/1998; On 7/30/2009, FTC sought comments on Guide and received 8 comments.

“Vocational School Guides”, cont. FTC Issues Revised “Vocational School Guides”, cont. Sole dissenter was APSCU, which recommended that the Guides be retained for unaccredited and unlicensed vocational schools only. Changes and comments are found in the Federal Register at: http://www.ftc.gov/os/fedreg/2013/11/131107vocat ionalschoolfrn.pdf.

Department of Defense (DoD) and Department of Veterans Affairs

DoD Issues Proposed Rule for its Memorandum of Understanding (MOU) Effective 9/6/2014, to serve service members, all educational institutions must adhere to requirements in the DoD’s Memorandum of Understanding (MOU) and be authorized to participate in the military tuition assistance (TA) program. The revised MOU incorporates changes based on the President’s Executive Order 13607, Principles of Excellence for Educational Institutions Serving Service Members, Veterans, Spouses, and Other Family Members, which the President signed on 4/27/2012.

DoD Issues Proposed Rule for its Memorandum of Understanding (MOU), cont. New requirements would: Require all institutions to: Provide meaningful information to students about cost; Not use unfair, deceptive, and abusive recruiting practices; and Provide academic and student support services. Implement rules to strengthen procedures for access to military installations; Require DoD to conduct annual reviews; Require the military departments to provide their service members a joint services transcript; and

DoD Issues Proposed Rule for its Memorandum of Understanding (MOU), cont. Implement the DoD Postsecondary Education Complaint System for its service members. More information is available at: http://www.dodmou.com

Departments of Veterans Affairs, Defense, Education, Justice, CFPB, and FTC Implement Complaint System On 1/30/2014, VA, DOD, ED, Justice, CFPB, and FTC announced launch of a new online complaint system designed to collect feedback from veterans, service members, and their families who are experiencing problems with educational institutions. More information is available at: https://www.dodmou.com

Sharon H. Bob, Ph.D. Powers Pyles Sutter & Verville, PC Seventh Floor 1501 M Street, NW Washington, DC 20005 202-872-6772 Sharon.bob@ppsv.com February 26, 2015

Sharon H. Bob, Ph.D. Powers Pyles Sutter & Verville PC Practice Areas: Attorneys At Law Practice Areas: Education Title IV Eligibility & Compliance Program Reviews and IG Audits Accreditation Mergers & Acquisitions Public Policy & Government Relations State Licensing Education Policy Member: NASFAA CCA Education: Ph.D., University of Maryland, 1976 BA, State University of Buffalo, 1971, summa cum laude Sharon H. Bob, Ph.D., Higher Education Specialist on Policy and Regulation, is a member of the Education Group at the Washington, D.C. law firm of Powers Pyles Sutter & Verville, P.C. 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. Dr. Bob advises public and private colleges and universities, as well as private and publicly-traded companies. In this role, she provides clients with detailed technical guidance related to compliance with applicable statute and regulations. She regularly assists postsecondary educational institutions on issues relating to institutional eligibility, program eligibility, student eligibility, financial responsibility and administrative capability standards, changes of ownership, adding locations and programs, program reviews and compliance audits, and institutional responsibilities for the education tax benefits. Through training seminars and on-site reviews, she assists clients in complying with the federal requirements for administering federal student financial assistance. Dr. Bob has authored numerous articles on federal financial aid issues for The Greentree Gazette, NASFAA's Journal of Student Financial Aid, NASFAA's Student Aid Transcript, the Career College Link, and other higher education publications and frequently speaks at meetings of college officials and student aid administrators. Dr. Bob received her undergraduate degree summa cum laude from the State University of New York at Buffalo and was elected to Phi Beta Kappa. She received her doctorate from the University of Maryland. Powers Pyles Sutter & Verville is a Washington, D.C.-based law firm that focuses on health care, education, and the law of tax-exempt organizations.