Senate Education Committee Holds Hearings on HEA Reauthorization

The Senate Health, Education, Labor, and Pensions (HELP) Committee has held several hearings on its efforts to reauthorize the Higher Education Act (HEA). HEA is the federal law governing the federal student aid system.

The first of these hearings was on January 18, during which the committee focused on financial aid simplification and transparency, such as simplification of the Free Application for Federal Student Aid (FAFSA). Chairman of the Committee Lamar Alexander (R-TN) said he wants to see simpler, more effective regulations that "make it easier for students to pay for college and to pay back their loans" and a "more effective system of grants, loans, and repayment plans." Ranking Member Patty Murray (D-WA) explained that while simplification of the federal aid system is a worthy goal, changes cannot mean elimination of aid.

On January 25, the committee held a hearing on access and innovation. Republicans called for encouraging higher education institutions to innovate beyond the traditional classroom, with such initiatives as flexible class schedules or online learning, to meet the needs of all students. Chairman Alexander advocated for competency-based learning. Democrats called for quality protections on any policy that opens federal aid to nontraditional providers. Ranking Member Murray said that we should use evidence-based experimentation to avoid innovation at the expense of our students.

The hearing on January 30 centered on accountability and risk to taxpayers. During the hearing, Chairman Alexander said he believed Congress should consider increasing federal accountability measures for higher education institutions in order to hold them accountable when students graduating from the institution are not able to pay back their student loans. Democrats called for better data on student outcomes, including eliminating the current ban on the creation of a federal student-level data system. Murray argued for holding all colleges accountable for access and student outcomes when using taxpayer dollars.

Finally, on February 6, the committee discussed ways to improve college affordability. At the hearing, Alexander called for "simplifying student aid, redirecting existing funds for more Pell grants, helping students complete their degrees more rapidly, and making colleges more accountable for students repaying loans." Alexander brought up the "Bennett hypothesis," named after then-Education Secretary Bill Bennett, who said rising federal student aid has an impact on rising college tuition. Murray provided four areas that must be addressed by HEA reauthorization: addressing college affordability, increasing access for underrepresented students, holding colleges accountable for student outcomes, and addressing discrimination, harassment, and assault on campuses. She explained, "We should be reducing the barriers facing students at every stage of financial aid."

Alexander has indicated he wants the drafting process and final legislation to be bipartisan; a stark contrast to the House of Representative's approach with its bill, the Promoting Real Opportunity, Success, and Prosperity through Education Reform (PROSPER) Act, where Democrats voiced complaints that they were shut out of the process. Alexander and the committee's Ranking Member Patty Murray (D-WA) have a history of bipartisanship in this space, including their work on the Every Student Succeeds Act (ESSA) under the Obama administration. Bipartisanship will be necessary for final passage by the full Senate; sixty votes are needed to end debate on legislation in the chamber, and neither party can achieve that number without bipartisan support.

Both parties have released outlines of their priorities for reauthorization legislation, and significant overlap exists. They both want to simplify the process for obtaining federal student aid and encourage innovation in higher education; Democrats have called for additional protections to ensure quality for students across the country and preserve the quantity of aid students currently receive.

At the February 6 hearing, Chairman Alexander noted he wants the committee to begin work on its draft legislation "within the next few weeks," but many in the higher education policy arena are skeptical this will be possible. Alexander has previously indicated he wants the committee to mark up any legislation by April, which would give Senate leadership the opportunity to bring the final legislation up for a vote by the full Senate within the first half of the year. Even if the bill does ultimately pass the Senate, however, a conference between the Senate and House will be necessary to iron out differences between their respective bills. Given how different the PROSPER Act already is from Alexander and Murray's outlines, hearings, and comments to the press, negotiations to reach a final bill may be difficult.

Jennifer Ortega is an outside consultant for EDUCAUSE with Ulman Public Policy.