Higher Education Reauthorization

On July 31, 2008, Congress adopted a conference report to pass H.R. 4137, the College Opportunity and Affordability Act of 2007, which will reauthorize the Higher Education Act of 1965 for another five years. The president signed the bill into law on August 14th, 2008. 

The measure that was passed is a result of several months of negotiations between the House and Senate on the bill passed by each chamber earlier this year, H.R. 4137 and S. 1642. 

Below is a summary of the provisions directly affecting international education:


Title I

• Applies a broad and flexible definition of "critical foreign language" to all relevant provisions in the Higher Education Act that can be updated when needed, and allows the Secretary of Education to set priorities for programs using that term within this Act based on their objectives.
  
• Establishes a University and College Accountability Network (U-CAN), among other things, as part of an effort to make college tuition costs more transparent, requiring campuses to report extensive information, such as institutional mission, student-faculty ratio, tuition fees, graduation rates, safety plans, and student activities, such as study abroad.
• Requires foreign medical schools, within two years' time, to increase the percentage of students who pass the medical exams necessary to practice in the United States from 60 percent to 75 percent. The amendment also asks that a GAO study be conducted on the effectiveness of foreign medical schools in preparing students, the number of Americans who pursue medical degrees abroad, the rate of malpractice suits against such graduates as compared to graduates of U.S. schools, and the percentage of foreign medical school graduates who currently pass the medical exams the first time.

Title IV

• Expands the Academic Competitiveness Grant program to include all Pell eligible students studying at least half-time at all post-secondary educational institutions, and would also be made available to students in the third, fourth, or fifth years studying critical foreign languages.
  
• Under the Federal Family Education Loan Program, individuals employed as foreign language specialists are now eligible for Loan Forgiveness for Service in Areas of National Need.
• Makes foreign language faculty eligible for loan cancellation as public service employees under the Federal Direct Student Loans program.

Title VI

• Renews all Title VI programs for five years at “such sums as may be necessary.”
  
• Updates the findings for Title VI programs by deleting reference to "post-Cold War."
• Directs the Secretary of Education to consult with and receive recommendations about national need for expertise in foreign languages and world regions from the head officials of a wide range of federal agencies before requesting applications under Title VI.
• Designates the Secretary of Education to assist Title VI grantees in developing an annual survey to administer to students who have participated in programs under this title to determine their postgraduation placement. And instructs the institutions to report the data to the secretary annually.
  
• Adds to the Selection Criteria for the National Resource Center and FLAS applicants consideration of the applicant's record of placing students into postgraduate employment, education, or training in areas of national need and an applicant's stated efforts to increase the number of such students that go into such positions. 
• Requires all international studies programs and Title VI centers applying for federal funds to show how they will "reflect diverse perspectives and a wide range of views."
• Adds a 'Rule of Construction' stating that "Nothing in this title shall be construed to authorize the Secretary to mandate, direct, or control an institution of higher education’s specific instructional content, curriculum, or program of instruction."
• Reinstates the Foreign Language and Area Studies (FLAS) fellowships for undergraduates studying foreign languages and international studies.
• Allows a portion of funding through the Undergraduate International Studies and Foreign Language (UISFL) program to be used for advanced language learning and cultural understanding through study abroad.
  
• Adds "manufacturing software systems, technology management" to the areas for which the Centers for International Business Education (CIBERs) must provide research and training.
• Implements a new reporting requirement for Title VI centers receiving funding from other sources in excess of $250,000 in aggregate from any foreign government or from a foreign private sector corporation or foundation during any fiscal year.

Title VII

• Expands the grants available under 'Special Projects' for areas of national need to include the development, evaluation, and dissemination of model programs that provide students with a broad knowledge base and include sufficient enough foreign language coursework for reading and writing competency.

Title IX

• Amends the Department of Education Organization Act to create the position of Deputy Assistant Secretary for International and Foreign Language Education, who is to be appointed by and report to the Assistant Secretary for Postsecondary Education.