Government Relations: The Higher Education Act—Not This Year
By Mark F. Smith
Although most observers long ago concluded that Congress was not likely to reauthorize the Higher Education Act (HEA) this year, Representative Howard "Buck" McKeon's announcement at a June 22 hearing made it official. McKeon chairs the House Subcommittee on Twenty-first Century Competitiveness, which has jurisdiction over the heart of the HEA, the student aid programs under Title IV and the institutional aid programs under Titles III and V.
Together with Representative John Boehner, chair of the House Committee on Education and the Workforce, McKeon introduced the College Access and Opportunity Act in May as the main vehicle for reauthorizing the HEA. He cited partisan political warfare over the bill as the reason for not calling for a committee vote on it and putting reauthorization off until next year. The next day, however, McKeon and Boehner escalated their criticism in an effort to divide the higher education community.
They sent a letter to more than six thousand college and university presidents attacking "Washington, D.C., lobbyists" and membership associations and attempting to correct "some misinformation" circulated about the bill. The letter refers to "what appears to be a growing disconnect between the priorities of the lobbying community and those of parents, students, and taxpayers." The congressmen claim their priority is "to do what is best for students" not "what is best for lobbyists." This unusual letter replied to an earlier letter from higher education associations, including the AAUP, criticizing major portions of the College Access and Opportunity Act. (Excerpts from that letter appear in the July-August issue of Academe.)
The real issue is not, however, about lobbyists and legislators disagreeing about a particular piece of legislation. The plain truth is that Congress made little progress on the HEA over the past two years, and the steps the House of Representatives did take threaten to cause more harm than good. The Senate never seriously began to consider reauthorization. The real issue is the future of the federal government's support for higher education as it becomes even more critical for students, the economy, and the nation.
In late 2002, the Association urged Congress to consider several key themes. The core goal of the HEA from the start has been to increase access to a college or university education, and any reauthorization proposal must build on that goal. Equally important is the quality of higher education programs. Increased access to low-quality programs will not help institutions, faculty, or students. At the same time, the HEA must recognize and promote diversity among populations within the system and among institutions and institutional missions. Finally, the uncertainty and tension in the world today make it especially critical for the HEA to support the openness of the academic community; doing so is the only way to ensure the continued excellence of our nation's colleges and universities.
Congressional actions in the last session of Congress raised serious concerns about legislators' commitment to these goals. The word "access" in a bill title does not ensure real access. The College Access and Opportunity Act contains language from the so-called Academic Bill of Rights, an initiative of conservative groups to persuade legislatures to enact laws guaranteeing representation of conservative viewpoints on campuses. Establishing legislative mandates on academic policies would infringe on academic freedom in the act of purporting to protect it.
In addition, the bill the House passed last fall reauthorizing the international programs of the HEA establishes a politically appointed international advisory board to oversee academic programs. To impose politics on acade-mic judgments is inappropriate at best and corrupting at worst. The board re-presents one of the most direct threats to academic freedom at the national level in many years.
Given these problems, the failure to reauthorize the HEA this year may be the best thing that could happen. But we need to begin pushing now for re-authorization next year. Inform candidates of the importance of higher education. Tell them that federal support has proven to be an investment with a strong return. Remind them that higher education is not a means to indoctrinate students or to persuade them to adopt a particular political viewpoint. Nor is it a commodity to be purchased off a shelf. Instead, it is a process of enlightenment that enables students to understand how to critically discuss, analyze, and debate ideas. For more details on the Association's position on the HEA, see the government relations section of the AAUP's Web site.
Mark Smith is AAUP director of government relations.
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