The American Association of Community Colleges (AACC) is asking the U.S. Education Department (ED) to rescind or delay a proposed update to the Education Department’s General Administrative Regulations (EDGAR), arguing that the rule could compromise the awarding of federal grants to institutions and undermine the efficiency and efficacy of services provided to students.
AACC and the Association of Community College Trustees submitted their joint comments to ED on Wednesday, emphasizing that community colleges rely heavily on federal grants, which require significant staff time to secure and administer.
Concerns about timing, coordination
AACC noted that the department is undertaking the EDGAR update at its own discretion and is moving alongside a separate proposed overhaul of the Office of Management and Budget’s government-wide Uniform Grants Guidance, on which AACC has submitted comments. Because implementation of that proposal has been postponed through December 11, AACC said that finalizing the EDGAR rule now could produce unnecessary confusion and urged ED to withdraw the proposal or wait until Congress completes action on the broader grants rule.
Provisions drawing objections
In its comments, AACC noted four areas of concern:
Indirect costs. AACC opposes allowing the department to give a competitive preference to grant applicants that accept an indirect cost rate below their federally negotiated rate or the federal de minimis rate. It observed that community colleges already operate with fewer resources than other sectors, while facing continually rising costs for staffing, energy and facilities. It was noted that pressuring institutions to claim less than otherwise justified would further disadvantage colleges that cannot absorb those expenses.
Continuation funding. The associations also object to eliminating the current priority for continuation awards in multiyear projects, noting that delayed decisions could force colleges to lay off grant-funded employees or interrupt student services, despite strong program performance.
Grant termination. AACC and ACCT criticized a provision that would permit the department to terminate an awarded grant “for convenience” at any time, regardless of the funded activity’s performance or effectiveness. Colleges make multiyear staffing and service commitments after receiving awards, and abrupt termination could leave students and employers without promised education and workforce programs, even when a college has met its objectives, they said.
Executive-order compliance. The proposed rule also would require states and subgrantees administering formula grants — including programs under Adult Basic Education, Perkins Career and Technical Education, and the Individuals with Disabilities Education Act — to comply with executive orders. This is highly problematic, as has been outlined by AACC in a variety of other contexts in recent months. AACC maintains that executive orders may be vague, challenged in court, and inconsistent with federal statutes and regulations. They also can conflict with state law.
Focus on stability for students, communities
For each of the four contested provisions, the associations urged the department to remove the language from any final rule. Their comments emphasized that reliable federal funding allows community colleges to retain staff, maintain student services and deliver the workforce training services on which local economies depend.
As stated, the practical (and political/legal) interaction between ED’s Notice of Proposed Rulemaking on EDGAR and OMB’s broader policies is unclear at this time. In any case, AACC will continue to work to ensure that the federal programs on which students and administrators depend will remain robust and straightforward in their implementation.
