What to Report, What to Disclose: New DOE Regulations Take Effect July 1
April 1, 2000
Paul Lannon - Boston
Beginning July 1, 2000, the Department of Education’s amended reporting and
disclosure regulations, 34 C.F.R. Part 668, will take effect. Are you ready? Do
you know —
- What information must be made available or disclosed to enrolled students
and prospective students?
- Whether this information can be disclosed over the Internet?
- How to calculate graduation and transfer-out rates?
- Which crimes must be reported and how to treat hate crimes?
- Whether schools must report crimes disclosed only to pastoral or
professional counselors?
- What is an EADA report?
These are just some of the issues addressed by the new regulations, which
apply to all educational institutions participating in Pell Grants, Perkins
Loans, Work Study and other student financial assistance programs under Title IV
of the Higher Education Act. In general, the regulations cover three areas: (1)
mandatory disclosures to students and prospective students; (2) campus security
statistics and reports, and (3) intercollegiate athletic program participation
rates and financial support data.
Disclosures
Enrolled and prospective students must be given detailed information about
many subjects, including financial assistance, tuition and costs, requirements
and procedures for withdrawal, security reports, and graduation and transfer-out
rates. Fortunately, much of this information may be disclosed through Internet
or intranet Web sites, subject to some restrictions. Certain institutions must
also disclose information concerning athletic program participation rates,
financial support, and completion or graduation rates for student-athletes.
However, an institution may be relieved of this obligation to the extent an
athletic association or conference of which it is a member voluntarily publishes
the applicable graduation-rate data.
Crime
The DOE has modified and enlarged the list of crimes that must be reported.
Notably, institutions must report "hate crimes … by category of
prejudice." Hate crimes occur, according to the regulations, where the
victim was intentionally selected because of actual or perceived race, gender,
religion, sexual orientation, ethnicity or disability. The DOE has also
redefined who will be considered a "campus security authority"
responsible for reporting crimes. Pastoral and professional mental health
counselors are now expressly exempt if acting within the scope of their duties.
In compiling the necessary crime statistics, institutions must make reasonable,
good-faith efforts to obtain the information from local or state police agencies
on which they are entitled to rely. Security reports must be prepared for each
"campus," as redefined.
Athletics
Institutions with intercollegiate athletic programs must also prepare annual
reports to the Secretary of Education under the Equity in Athletics Disclosure
Act (EADA). The reports must contain information about participation rates for
male and female undergraduates, financial support, and revenues and expenses
attributable to certain athletic programs. The reports must also include
information about the number, gender and average annual salary of coaches and
assistant coaches.
For more details about complying with these new regulations, contact Paul
Lannon at 1-888-688-8500 or plannon@hklaw.com.
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