<p>They already provide reams of data through IPEDS and numerous other required reports and tax returns. Most schools have to hire several people just to do the paperwork. From the COHE</p>
<p>"When the U.S. Senate’s education committee met last summer to consider legislation to reauthorize the Higher Education Act, Sen. Lamar Alexander brought along a prop: five plastic boxes containing all the regulations that various iterations of the bill have created over the years. Stacked on top of each other, the black and blue boxes stood as tall as the former college president, who is an inch shy of six feet.</p>
<p>The message to his colleagues was clear: Colleges and universities are overburdened with federal regulations. If Congress wants new regulations, it should do away with some of the outdated ones first.</p>
<p>“These are all very well-meaning ideas,” said Mr. Alexander, a Tennessee Republican, “but we need a countervailing force of some kind.”</p>
<p>His appeal fell on deaf ears, and the committee approved a bill containing at least 152 new reporting requirements, according to an analysis by the American Council on Education. A companion bill in the U.S. House of Representatives contains 189.</p>
<p>The new mandates would force many institutions to hire staff members to help them comply, costing colleges millions of dollars at a time when Congress is pressuring institutions to hold the line on tuition.</p>
<p>Mr. Alexander and college lobbyists hope they can persuade Congress to eliminate or scale back some of the new requirements, but they know they are fighting an uphill battle. In Washington, where no one becomes famous for repealing laws or removing rules, all the forces add regulation. Once a rule is added to the books, inertia and interest groups make it almost impossible to remove.</p>
<p>“We almost never throw the trash out,” Mr. Alexander said in an interview. “We just bring in another trash basket and fill it up, too.”</p>
<p>‘Creeping Regulation’</p>
<p>What Mr. Alexander calls “the creeping regulation of higher education” began in the 1980s, when lawmakers added language to the Higher Education Act requiring colleges to disclose gifts from foreign sources. Since then, Congress has added hundreds of new reporting requirements, often in response to specific events. The deadly dormitory fire at Seton Hall University in 2000, for example, led Congress to propose a requirement that colleges annually disclose information about their fire safety.</p>
<p>Much of the data required of colleges is collected in a series of seven surveys that they must complete for the Education Department’s Integrated Postsecondary Education Data System, or Ipeds.</p>
<p>Peter M. Teitelbaum, assistant vice provost at New York University, says he has two full-time employees working on Ipeds reporting alone.</p>
<p>But the federal government’s oversight of colleges hardly ends with Ipeds. Nearly every federal agency imposes some regulatory burden on colleges, in areas as diverse as the protection of human subjects and the disposal of hazardous waste. While the government has no official estimate of how many regulations colleges face, the Catholic University of America, which tracks federal regulations, puts the number at roughly 200.</p>
<p>Most college officials say it is reasonable for Congress to place some conditions on the billions of dollars in aid that it sends to colleges. They will also concede that most federal regulations are worthwhile. Their principal complaint is that lawmakers don’t provide colleges with enough money to cover escalating compliance costs.</p>
<p>While the government reimburses colleges for some administrative costs related to research, it has not raised the cap above 26 percent of direct research costs since 1991. Many research universities’ expenses exceeded that cap years ago, and the institutions now bear the entire cost of complying with new regulations. In 2000 the RAND Corporation, a nonprofit research group, issued a report estimating that colleges cover between 10 percent and 30 percent of the overhead costs associated with federally financed research projects, costing the institutions between $750-million and $1.5-billion annually.</p>
<p>Anthony P. DeCrappeo, president of the Council on Governmental Relations, says Congress is not living up to its end of the bargain.</p>
<p>“The whole idea of the government-university partnership is that the government is supposed to pay its fair share,” he says. “That’s no longer happening.”</p>
<p>A Deluge</p>
<p>With the introduction of the latest measures to renew the Higher Education Act, the slow drip of federal regulation is poised to become a flood.</p>
<p>One reason the bill contains so many new requirements is that renewal of the Higher Education Act is five years overdue. As a result, “there is a built-up demand for more reporting and record keeping,” says Terry W. Hartle, senior vice president for government and public affairs at the American Council on Education.</p>
<p>Several of the new requirements take aim at conflicts of interest in federal student-loan programs, requiring institutions to justify their choice of preferred lenders and provide more disclosure about the terms those lenders offer. The provisions were prompted by last year’s investigation into the student-loan industry.</p>
<p>Other provisions confront the rising cost of a college education, requiring colleges to report detailed pricing information and convene “quality-efficiency task forces” when their tuition outpaces the national average. College officials say the cost-reporting requirements will drive up colleges’ costs, making it harder to restrain tuition growth.</p>
<p>“These requirements, among others, will undermine efforts to make college more affordable,” says Robert M. Berdahl, president of the Association of American Universities. “Surely that’s not what Congress wants to achieve in this legislation.”</p>
<p>Some college officials say the new mandates would be particularly burdensome for smaller institutions, which tend to have less-sophisticated computer-compliance systems and fewer staff members than other colleges.</p>
<p>At Clark Atlanta University, Walter D. Broadnax, the president, just completed the painful process of cutting his work force from 1,100 to 700 to balance his institution’s budget. Now he worries he will have to add another full-time employee just to handle the new reporting requirements in the higher-education bill.</p>
<p>Seven years ago, efforts to reduce red tape appeared to be gaining momentum. Rep. Howard P. (Buck) McKeon of California, who was then chairman of the House’s higher-education subcommittee, had created a Web page where colleges could identify regulations that they would like to see altered or eliminated and was vowing to introduce legislation to ease the burden on colleges. Colleges submitted more than 3,000 recommendations to the page.</p>
<p>But the promised bill never made it into law. When the bipartisan measure got to the House floor, Democrats defeated it, complaining that they were not allowed to offer amendments.</p>
<p>Colleges’ hopes for reduced regulation were temporarily renewed in 2005, when the Commission on the Future of Higher Education asked lawyers at Catholic University to produce an “issue paper” on the federal regulation of higher education. The paper’s recommendations made it into the commission’s final report but were left out of Education Secretary Margaret Spellings’s “action plan.”</p>
<p>Margaret L. O’Donnell, one of the report’s authors, said Education Department staff members told her and her boss that nobody in Washington was interested in deregulating higher education. “We were told that Lamar Alexander was the only person — they made it sound like in the universe — who cared about the federal regulation of universities,” she said.</p>