Introduction

America is a large nation with room for vocational programs, the liberal arts, science and technology, and religious schools. We support increasing educational variety, so that higher education can properly serve American society’s varied population.

We want to remove artificial barriers to entry for qualified programs, and we seek to level the regulatory field, which currently discriminates against for-profit institutions. For-profit institutions play an important innovative role as they quickly open and adapt programs to meet market demand. Even if for-profit colleges possessed no advantages over their non-profit competitors, the government should not discriminate between schools on the basis of their tax status. Supposedly non-profit institutions are no less driven by profit motives than are their for-profit counterparts, and no less likely to engage in predatory misconduct toward their students. Non-profit and for-profit institutions should be punished individually for predatory misconduct, to the fullest extent that current law allows; for-profit institutions should not suffer collective punishment.

We also wish to ensure that homeschools are not discriminated against. American parents now homeschool approximately 2.5 million American students. These students perform well on standardized tests and in college, but some states discriminate against homeschooled students who apply to public universities. Indeed, some educators have recently suggested that home-schooling should be illegal. Congress should guarantee homeschoolers’ right to receive equal treatment when applying to college.

Home school students frequently take dual credit courses—college courses that also count for high school credit. Students cannot now receive financial aid for dual credit courses. Congress should extend financial aid to include dual credit courses—for the benefit of all American students, but especially to allow homeschool students to take full advantage of their chosen educational track.

Policy Recommendations

Equal Treatment for For-Profit Colleges

Congress should make it easier for new entrants into the higher education marketplace, by preventing status quo institutions from creating barriers to entry.

Legislative Language: Make the following emendations to 20 U.S. Code Part A—Definitions:

1. in 20 U.S.C. § 1001 (General definition of institution of higher education), emend the definition of “institution of higher education” at 20 U.S.C. § 1001(a)(4) from “a public or other nonprofit institution” to “a public or private (for-profit or nonprofit) educational institution”; and
2. in 20 U.S.C. § 1001 (General definition of institution of higher education), emend the definition of “institution of higher education” at 20 U.S.C. § 1001(b)(2) from “a public or nonprofit private educational institution” to “a or private (for-profit or nonprofit) educational institution.”

The Higher Education Act should be emended throughout, to eliminate all language that mandates disparate treatment for public, nonprofit, and proprietary educational institutions.

Accreditor Mandate to Expedite Entrance of New Institutions

Congress should make it easier for new entrants into the higher education marketplace, by mandating that accreditors facilitate their entry.

Legislative Language: Add the following subsections to 20 U.S.C.§ 1099b. Recognition of accrediting agency or association:

1. “The accrediting agency must establish policies to facilitate the timely, fair, and equitable accreditation of new educational institutions.”
2. “The accrediting agency must submit to the Department of Education an annual report of its policies to facilitate the timely, fair, and equitable accreditation of new educational institutions, and a comprehensive list of all new educational institutions it has accredited.”

Homeschool Equality

Congress should amend the Higher Education Act to ensure that state universities’ admissions policies cannot discriminate against homeschool students.

Legislative Language: Amend 20 U.S.C. § 1091 (Student eligibility):

1. Add to 20 U.S.C. § 1091 (b)(3) (Eligibility for student loans) a subsection stating: “A student who has completed a secondary school education in a home school setting that is treated as a home school or private school under State law.”
2. Delete 20 U.S.C. § 1091 (1)(B) (Students who are not high school graduates): “The student has completed a secondary school education in a home school setting that is treated as a home school or private school under State law.”

Financial Aid for Dual Credit Courses

Congress should amend Title IV to allow financial aid for dual credit courses.

Legislative Language: Amend 20 U.S.C. § 1091 (Student eligibility) to add:

1. a subsection defining “dual credit courses”; and
2. a subsection in 20 U.S.C. § 1091 (1)(B) (Students who are not high school graduates): “The student is enrolled in a dual-credit course.”