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5 Regul. Rev. Depth 1 (2016)

handle is hein.journals/rgyrvidh5 and id is 1 raw text is: 














        IMPROVING HIGHER EDUCATION REGULATION


                          Wendell   Pritchettt

    Last fall, the U.S. Department   of  Education  released an  updated
College Scorecard, an online system providing  a voluminous amount  of
data on  the nation's  colleges and  universities.1 The scorecard is the
outcome  of a three-year effort, announced by President Obama   to much
fanfare during the 2012 campaign, to create a college rating system that
would  assess the nation's higher education  institutions on their cost of
attendance, student graduation rates, and graduates' post-college earnings.2
It would   also determine  the  allocation of federal  funding  to those
institutions.
    After three years of withering attack from college leaders across the
nation, the Obama  Administration backed  off and announced last summer
that, in addition to updating the scorecard, it would focus its efforts on
methods  to  promote  innovation within  the higher  education sector.3
Although  the rating system has failed to take root (at least for now), the
debate  that it instigated over the appropriate methods  for the  federal
government  to regulate higher education was instructive about the challenges
legislators face as they continue to discuss the (already two years late)
reauthorization of the Higher Education Act.
    It is not surprising that higher education leaders are opposed to greater
federal regulation. As chronicled in a major report released last summer by
the Task Force on the Regulation of Higher Education, the sector also has
valid complaints  about the inappropriately burdensome   nature of many

    t James S. Riepe Presidential Professor of Law and Education at the University of
Pennsylvania.
    1 Fact Sheet: Empowering Students to Choose the College that is Right for Them, THE
WHITE HOUSE (Sept. 12, 2015), https://www.whitehouse.gov/the-press-office/2015/09/12/
fact-sheet-empowering-students-choose-college-right-them.
    2 Megan Slack, President Obama Explains His Plan to Combat Rising College Costs,
THE  WHITE  HOUSE  (Aug. 22, 2013), https://www.whitehouse.gov/blog/2013/08/22/
president-obama-explains-his-plan-combat-rising-college-costs.
    3 Doug Lederman et. al., Rating (and Berating) the Ratings, INSIDE HIGHER ED (Feb.
7, 2014), https://www.insidehighered.com/news/2014/02/07/colleges -and-analysts-respond-
obama-ratings-proposal; Helping Families Navigate Their Higher Education Options,
DEPT. EDUC. (June 25, 2015), https://www.ed.gov/content/helping-families-navigate-
their-higher-education-options.

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