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FOR IMMEDIATE RELEASE                                                Contact: Kate Meriwether

February 27, 2011                                                                                          202-225-2071

Congresswoman Virginia Foxx (NC-05), Chair of the Subcommittee on Higher Education and Workforce Training, introduced legislation (H.R. 2117) in June that would repeal two Department of Education regulations that inject the federal government into issues that are traditionally academic or state affairs.  The bill repeals a new federal credit hour rule that sets a federal definition of a credit hour and it also repeals what are known as “state authorization” regulations. This legislation is expected to be considered on the House floor this week.

“These two regulations are a classic case of federal government overreach, which will unnecessarily restrict colleges and universities and will result in fewer choices for students,” Foxx said.  “Plus, by curbing choice and making it difficult for institutions to expand their programs, these regulations will stifle job creation within the higher education sector at a time when we need new jobs more than ever.”

"Congresswoman Foxx's bill takes a necessary step toward halting federal overreach into colleges and universities," said House Education and the Workforce Chairman John Kline (R-MN). "This legislation will help protect student choice, reduce job-destroying regulations, and encourage the establishment of more innovative programs to better serve both students and the local workforce."

H.R. 2117 repeals the Department of Education’s “state authorization” regulation, which forces states to follow federal rules when granting a college or university permission to operate within the state.  The regulation may require distance education programs to get authorization in every state where its students live in order to participate in federal student aid programs.  This could force some schools to go through a lengthy authorization process in all fifty states or stop accepting students from more rural states.

The legislation also repeals part of the federal credit hour regulation.  It specifically overturns the rule creating a sweeping federal definition of a credit hour. Many school officials are concerned that this regulation will restrict their ability to determine the number of credit hours for each course, which is an inherently academic function. While the credit hour is important to the distribution of federal student assistance, institutions of higher education fear they will be required to get government approval before creating new courses and programs.

“Many colleges and universities find these inflexible new regulations confusing and nearly impossible to comply with,” Foxx said.  “This heavy-handed regulation threatens to crush the very innovative new programs we need to make education more affordable and efficient.  The sooner we repeal these rules the sooner we can get on with the business of improving the quality of higher education in this country.”

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