New Legislation

1
New Legislation

• Never Out of Season

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Overview of Recent Changes

• State
• Federal
• Policies (FERPA)
• Proposed or Pending Legislation and Policies

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State Legislation

• SB389
• HB1549
• Returning Heroes Act

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SB389

• Omnibus State Law
• Passed last year
• Includes a wide variety of policy changes for
  higher ed
• Various effective dates
• For full bill see http//www.senate.mo.gov/07info
  /bills/sb389.htm

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Faculty Credentials

• Displaying credentials
• Available to the public
• Includes
• Name
• Highest degree
• Rank
• May include more.
• Displaying teaching evaluations
• Not available to the public
• Should not include full evaluations
• Do not display for GTAs, or other student
  instructors (FERPA violation)

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HB 1549 Overview

• Changes the laws regarding illegal aliens and
  immigration status verification
• Legal interpretation of a public benefit is
  financial assistance
• General Counsels coordinating approach
• Web site http//www.house.mo.gov/billtracking/bi
  lls081/bills/HB1549.HTM

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HB 1549 Text

• PUBLIC BENEFITS (Section 208.009) Aliens
  unlawfully present in the United States are
  prohibited from receiving a state or local public
  benefit unless it is offered under 8 U.S.C.
  1621(b). Documentary evidence accepted by the
  Department of Revenue for obtaining a driver's
  license will suffice as proof of citizenship,
  permanent residency, or lawful immigration status
  when applying for benefits. Individuals can
  temporarily receive state or local public
  benefits for up to 90 days while obtaining the
  necessary documentation or indefinitely if the
  applicant provides a copy of a completed birth
  certificate application which is pendingAgencies
  administering state or local public benefits must
  assist in the procurement of the required
  documentation for those persons who will be
  temporarily receiving benefits after signing an
  affidavit attesting to their lawful presence in
  the United States.

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HB 1540 Text Cont.

• 2. As used in this section, "public benefit"
  means any grant, contract, or loan provided by an
  agency of state or local government or any
  retirement, welfare, health, postsecondary
  education, state grants and scholarships,

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HB 1549

• Financial Aid required to certify Fall 2008
• All students receiving Missouri funded financial
  aid and scholarships required to verify either 
• United States Citizenship
• Permanent Residency status
• Before any state or federal financial aid awards
  disbursed
• Before enrollment for classes

10
HB 1549 continued

• May apply requirement more broadly
• UM campuses are applying to all students for
  spring 2009 (except distance and dual high
  school, unless receiving financial aid)
• May ask for proof anytime during process, but
  prior to attendance key
• Need to develop your communication plan

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Approaches to HB 1549

• Verify with information already available
• May use electronic methods
• DOR
• ISIRs
• May review/ collect hardcopy documents
• Must record an affirmative verification
• May allow 90 day extension for exceptions
• Sworn affidavit
• Limited usage

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Acceptable Documents

• To prove U.S. Citizenship provide one of the
  following
• A Missouri (or other states) driver's license
• An official Missouri Identification Card
• U.S. Birth Certificate
• U.S. Passport (valid or expired)
• Certificate of Citizenship
• Certificate of Naturalization
• Certificate of Birth Abroad

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Acceptable Documentation Cont.

• To prove Permanent Residency provide one of the
  following
• I-551 card (Resident Alien Card)
• Passport stamped "Approved I-551"
• Passport stamped "Processed for I-551"
• Re-entry Permit I-327
• I-94 stamped "Processed for I-551"

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Returning Heroes Educ. Act

• Tuition can not exceed 50/cr. hr.
• Mo. Resident (DD214)
• Combat veteran since 9-11
• Honorably Discharged
• Seeking first degree or certificate program
• Applied after fed and state aid (not loans)
• Effective this fall
• 2.5 GPA required after first semester

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Federal Policy Changes

• FERPA
• IPEDS Ethnicity Changes
• Red Light Privacy and Identity Theft

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FERPA

• Most significant change since 1988
• Relaxes health and safety exception wording
• No longer strictly construed
• take into account the totality of the
  circumstances
• Allows outsourcing to contractors, consultants,
  and volunteers to be school officials with
  legitimate educational interests

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FERPA Changes Cont.

• Restricting levels of access
• Attendance now includes distance students in
  definition
• Specifically restricts directory information
  designation for SSN and student number
• Allows return of questionable documents (such as
  transcripts) to originating source
• FERPA exclusion for post grad activties clarified

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FERPA Changes Cont.

• Make available any known information on
  registered sex offenders in attendance
• Clarifies the option to de-identify data by
  stripping out personally identifiable info
• Authentication of identity, i.e. allows use of
  PINS, passwords etc.
• State auditors may have access to personally
  identifiable information

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IPEDs

• http//nces.ed.gov/IPEDS/news_room/ana_Proposed_Ch
  anges_05_06_2008_181.asp
• Eliminate first professional degree category
• Phased implementation of race/ethnicity changes

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Degree Category Changes

• Post-masters certificate
• First-professional certificate (Post-degree)
• First-professional degree

• Post-masters certificate (Combines current
  post-masters and first-professional certificates
  into one category.)
• Eliminated

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Race/ Ethnicity Changes

• Calls for implementation by Fall 2010, in order
  to report data for the 2010-11 academic year
• Encourages institutions already collecting R/E in
  new format to begin reporting immediately
• Re-surveying encouraged
• Weigh the advantages and disadvantages
• HR may also re-survey

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New IPED Question Format

• Cant offer a choice to actively not respond
• Two-question format REQUIRED
• 1. Is respondent Hispanic/Latino? Y/N
• 2. Respondent selects one or more races
• American Indian or Alaska Native
• Asian
• Black or African American
• Native Hawaiian or Other Pacific Islander
• White

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Comparison

• Current IPEDS

• New IPEDS

• Non-resident alien
• Race and ethnicity unknown
• Black, non-Hispanic
• American Indian/Alaska Native
• Asian/Pacific Islander
• Hispanic
• White, non-Hispanic

• Nonresident aliens
• Race and ethnicity unknown
• Hispanics of any race
• For non-Hispanics only
• American Indian or Alaska Native
• Asian
• Black or African American
• Native Hawaiian or Other Pacific Islander
• White
• Two or more races

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Red Light

• FTC Rule
• May apply to colleges and universities
• Basic goal is to guard against identity theft
• Check with your legal counsel
• Effective date just delayed to May 1,09
• http//www.nacubo.org/x10808.xml for more
  information

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Three rules of Red Light

• Must have policies to guard against theft by
  changing address or providing replacement debit
  or credit cards (May apply to campus ID cards)
• Requires procedures for changes of address using
  credit report. (Checks on prospective employees
  or applicants for credit.)
• Financial institutions holding "covered
  accounts" must develop and implement written
  identity theft prevention program for both new
  and existing accounts. (This provision likely
  applies to many colleges and universities). 

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Anticipated Changes

• HB 1549 likely to be re-written. Version signed
  was not the final version passed
• Returning Heroes likely to be overshadowed by
  federal changes to VA benefits related to
  education coming out this year
• Other?

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Discussions

• How are you handling these changes?
• What issues have you run into?
• Do you know of other key policy changes or
  changes to the law that may impact our profession?

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Resources

• Federal Register http//www.gpoaccess.gov/fr/ind
  ex.html
• Helpful links from MACRAO site
  http//www.moacrao.org/UsefulLinks/
• Missouri House http//house.mo.gov/
• Missouri Senate
• Missouri Senate http//www.senate.mo.gov/
• AACRAO http//www.aacrao.org/

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Contact Information

• Brenda Selman
• University Registrar-MU
• 127 Jesse Hall, MU, Columbia, MO 65211
• [phone]
• selmanb_at_missouri.edu