WPG HBCU News
Better FAFSA: Rollout Update

Education Secretary Miguel Cardona  called on governors to support institutions that are struggling to prepare financial aid packages amid the Better FAFSA  delays. Suggestions included: pushing back deadlines for state aid; asking institutions to allow students additional time to review aid packages; and assessing the impact changes in eligibility calculations will have on budgeting to prevent depleting funds early. 

 

Citing the impact FAFSA delays have had on institutions, a bipartisan group of senators asked the Department of Education (Department) to accept electronic copies and signatures as verification to speed up and simplify the verification process. The senators also requested an extension to the July 1, 2024, deadline for financial transparency reporting

 

The Department announced some FAFSAs delivered before March 21, 2024, need to be reprocessed to correct miscalculated Student Aid Index (SAI) values for dependent students who reported assets. The Department suggested administrators recalculate the SAI using the fields in the ISIR to develop tentative packages for those affected students. The error has intensified already harsh criticism from congress. However, experts say congress, with its sharp divisions and tightened purse strings, is part of the problem.  

Higher Education News

President Biden signed a spending bill to fund the federal government through September—the end of the FY2024. The bill increases funding for HBCS, TCUs, and MSIs by $7,500,000; cuts $10,000,000 from the Strengthening Institutions Program, but leaves the Pell Grant, Federal Work-Study, and the Federal Supplemental Educational Opportunity Grant programs unchanged. Funding for Federal Student Aid increased by $25,000,000. Inside Higher ED published a table of appropriations relevant to higher education.

 

The Tennessee Senate voted to vacate Tennessee State University Board of Trustees. The House is considering a bill that would vacate only three board members. Critics of the move point out several issues: the state legislature has yet to address the issue of historic underfunding; a presidential search is near completion; and the loss of institutional knowledge would be catastrophic. The House will vote on its version of the bill later this month.

 

The US Supreme Court may hear a long-running case brought against Cornell University by a group of current and former employees. The group accused the university of mismanaging its retirement plans. The group asked the US Supreme Court to clarify what proof a plaintiff must show to prove a claim that a retirement plan fiduciary engaged in transactions prohibited by the Employee Retirement Income Security Act. The Court may agree to hear the case because it involves a circuit split--two opposing rulings by US Circuit Courts of Appeal regarding evidence a plaintiff must show to prove its allegations.

 

A Department of Education program review at a private institution culminated in a $14,000,000 fine for Clery Act violations—the largest ever levied by the Department under the statute.

 

U.S. District Judge Clifton Corker blocked a NCAA rule that prohibited students from negotiating and signing name, image, and likeness (NIL) contracts before they enroll. The court found the rule deprives recruits of  pportunities returning students enjoy and likely violates federal antitrust law.

 

78,000 workers enrolled in the Public Service Loan Forgiveness (PSLF) program had their applications approved. Under the prior administration, the PSLF program gained notoriety for rejecting 99 percent of claims and generating several lawsuits. An update in 2021, made it easier to enroll in and navigate the program and fixed loan servicer problems.

 

The Department’s negotiated rulemaking committee failed to reach consensus on cash management, state authorization, distance education, return of Title IV funds, and accreditation regulations during its final sessions. Consensus was reached on expanding access to TRIO. The Department is required to use the language agreed upon in regard to TRIO but, absent consensus, it is permitted to draft the other rules on its own. Media and handouts from the sessions are available online.

 

A new law  in Indiana requires faculty to promote intellectual diversity and free inquiry. Students and employees will be able to lodge complaints about  faculty compliance with these requirements. The law also forbids trustees from granting tenure to a faculty member who is unlikely to promote intellectual diversity or prone to interjecting unrelated political views into their classes. Tenure faculty will undergo review every five years. Critics say the law will make it harder to recruit faculty. The law goes into effect in July.

 

The Dartmouth College men's basketball team is the first collegiate team to unionize. The National Labor Relations Board paved the way by denying the college's assertion that players are not employees.

 

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New York ended its investigation into  the College Board's monetization of student data. The company  agreed to discontinue licensing and using student data collected during in-school testing in New York. It will also pay a $750,000 fine. In a statement, the College Board welcomed the resolution but disagreed with the state’s interpretation of the law.

 

In The Student Mental Health Landscape, researchers discussed post-pandemic mental health issues facing higher education students. Over 50% of respondents surveyed admitted to struggling with anxiety and nearly as many said they were dealing with burnout. Over 40% wrestle with depression. Researcher say struggling students prefer hybrid instruction and are increasingly comfortable seeking help for mental health issues.

 

In the report, Investing in Change: A Call to Action for Strengthening Private HBCU Endowments, UNCF and PGIM shared the results of a study on endowment management, risk management, and investment strategies at private HBCUs and non-HBCUs. The work provides several insights into the current status quo and the pros and cons of alternative strategies, including pooled endowment—a strategy embraced by UNCF. Read the report on UNCF.

 

A suit brought by tenured faculty who had their salaries cut, their laboratory space reduced, and their status changed to part-time after failing to meet research grant thresholds, will proceed. The Massachusetts Supreme Court reversed a lower court’s dismissal in the issue of salary and employment status but upheld the dismissal of the laboratory space claim. The case now goes back to the lower court where it may establish parameters of economic security for tenured faculty. Such a precedent may impact the current trend of adding conditions and restrictions to tenure

 

US District Judge Robert Hinkle dismissed a lawsuit brought by students at Florida A&M University (FAMU) against the state and its university system’s board of governors. The judge found that despite additional time granted to amend the complaint, the students failed to provide evidence that disparities were traceable to de jure segregation. According to the federal government, FAMU has been underfunded $1,973,081,216 over the past 30 years.

 

Alabama Governor Ivey signed into law a bill prohibiting  public institutions from using state or federal funds for diversity, equity, and inclusion (DEI) initiatives. Critics call the law vague and predict it will have a chilling impact on free speech. Since the US Supreme Court stuck down affirmative action in admissions, several states have restricted DEI programs, race-conscious scholarships and summer bridge programs.

 

Kentucky State Attorney General’s office published an opinion that the state’s performance-based funding for public institutions is unconstitutional because it sets targets for minority enrollment and completion. The opinion is not binding but the state may adopt another method.

 

A bill levying an excise tax on college endowments over $1,000,000,000 was introduced in Massachusetts. Several institutions in the state would be subject to the tax, proceeds of which would be used to fund education initiatives. The tax exempt status of private institutions is being challenged in several states and by the US House Ways and Means Committee.

 

■ A small team at Polk State College devised a method to test the institution's  ability to prevent academic fraud—specifically looking at remote proctoring. They enlisted the services of professional cheaters. One of the team pretended to take an exam while the cheaters used a VPN and remote access software to control her computer. When she was slow to pay the fee, the cheaters revealed they had harvested her name and had taken photos of her. They threatened to expose her on social media. The exercise highlights the need for coordinated efforts to address academic integrity. 

 

 

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Leadership

Claflin University named Mrs. Barbara Chappell acting vice president of the Claflin University Division of Institutional Advancement. Mrs. Chappell has extensive experience in higher education advancement having served ed at Corker University, Allegheny College, and the University of North Dakota.

 

Benedict College named Dr. Vanessa Harris director of the B.E.S.T. Lives Center. The center provides support to adult students, military-affiliated students, and students that were formerly in foster care or incarcerated. Dr. Harris previously served at Claflin University where she helped launch their Second Chance Pell Program.

 

Alabama A&M University named Mr. Donald R. Pearsall interim assistant vice president for Auxiliary Enterprise. Mr. Pearsall is an experienced administrator who has served in similar capacities at Saint Augustine’s University, Edward Waters University, and Fayetteville State University.

 

Morgan State University appointed Dr. Royce D. Burnett dean of the Earl G. Graves School of Business and Management. Dr. Burnett is a distinguished certified public accountant, researcher, and instructor. He hails from Old Dominion University where he chaired the School of Accountancy at the Strome College of Business.

 

Alabama A&M University named Mrs. Joanne Jones comptroller. Mrs. Jones is an experienced higher education administrator and a certified public accountant. She perviously served as controller at Winston-Salem State University and at Western Carolina University.

 

Florida A&M University named Mr. Kenneth Wilson controller. Mr. Wilson is a Certified Public Accountant who served as chair of the National Association of College and University Business Officers’ Accounting Principles Council.

 

Benedict College named Mr. Yohannis A. Job vice president of enrollment management. Mr. Job hails from Huston-Tillotson University where he served as vice president and dean of enrollment management. He also served as special assistant to the president and director of admission at Philander Smith University.

 

Southern University System Board of Supervisors named Mr. John K. Pierre chancellor of Southern University and A&M College. Mr. Pierre is currently chancellor of the Southern University Law Center and the Southern University System interim executive vice president.

 

Florida A&M University (FAMU) named Dr. Jennifer Wilder assistant vice president for Business and Auxiliary Services. Dr. Wilder was serving as the university’s directory of University Housing. Prior to her years at FAMU, Dr. Wilder severed at several HBCUs including Spelman College and Fayetteville State University.

 

Delaware State University named Dr. Genita Mangum registrar. Dr. Mangum is an experienced registrar and enrollment manager. She previously served Harrisburg Area Community College as registrar and Tunxis Community College as admissions specialist.

 

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Grants and Gifts

Delaware State Grange, the local chapter of the National Grange, established an endowed scholarship for agriculture students attending Delaware State University. The first award will be made during the 2026-2027 academic year. 

 

South Carolina State University received a five-year $8,700,000 NextGen grant from the Department of Agriculture. The grant will support creation of an academy at the university and at Alabama A&M University. The academies will prepare middle school, high school, and undergraduate students for careers in food, agriculture, natural resources, and human sciences and at the Department of Agriculture. Dr. LaToya Johnson is the project lead.

 

North Carolina A&T State University received a $1,000,000 grant from the National Science foundation’s Regional Innovation Engines to lead the Climate-Responsive Opportunities in Plant Science project. Participants include researchers from several colleges and universities, the NC cooperative extension, and biotech industry partners. The goal is to speed the spread of technology to help farmers adjust to climate change. The plan is to create an agricultural technology corridor across the state. Dr. Gregory Goins is the project lead.

 

Tuskegee University received a two-year $300,000 grant from the NASA Science Mission Directorate Bridge program. The funds will be used to expand academic programs and research in the Aerospace Science Engineering Department and strengthen interdisciplinary research. Students will design and launch a CubeSat—a small satellite used to perform research and test new technologies. Dr. M. Javed Khan is the principal investigator.

 

Spelman College, Morehouse College, Morehouse School of Medicine, and Clark Atlanta University won a five-year $14,000,000 competitive grant from the National Science Foundation. The award will be used to create a hub for sharing research resources. Spelman College will lead the team. 

 

Yale University established the Alliance for Scholarship, Collaboration, Engagement, Networking, and Development (ASCEND). The goal is to strengthen partnerships between the university and HBCUs. The university committed $2,000,000 annually for five years to support research collaborations with HBCUs and provide resources to aid HBCU faculty and student research. Current participants include Tuskegee, Hampton, North Carolina A&T State, Claflin, and Morgan State Universities.

 

Morehouse School of Medicine (MSM) led a team that has been awarded a $25,000,000 grant to address cancer disparities in populations of African ancestry. The award was made by the Cancer Research UK and the National Cancer Institute.The team, SAMBAI, is a global group led by Dr. Melissa B. Davis, director of the MSM Institute of Translational Genomic Medicine,

 

Jackson State University’s Day at the Capitol concluded with a $10,000 donation from alumni Mississippi State Senator Sollie Norwood and other state senators. The donation will be used  to defray the travel costs of the university’s acclaimed marching band, Sonic Boom of the South. 

 

 

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Kudos

Morgan State University was awarded 13 patents during 2023—breaking the previous record for HBCUs, which was eleven. Overall Morgan State University has been awarded 32 patents since 2016. 

 

 The Department of Energy announced the winners of phase one of the HBCU Clean Energy Challenge. The challenge had two tracks, the Inspire Track and Partnerships Track. Ten HBCUs were awarded $40,000 each for designing clean energy themed academic break programs in the Inspire Track. Ten HBCUs were awarded  $100,000 each for their work in building partnerships and professional opportunities related to clean energy in the Partnerships Track. Phase two winners will be announced later this year. 

 

 The American Council of Learned Societies' HBCU Faculty Fellowship and Grant Program announced it will support the research of 20 HBCU faculty members whose scholarship is in the humanities and interpretive social sciences with fellowships and grants. 

 

 Jackson State University announced Dr. Monica Lewis, director of athletic development, has been selected  to participate in the Associate of Fundraising Professionals ICON Conference.

 

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UNCF’s Frederick D. Patterson Research Institute released the Heart Work of Hard Work , a report on best practices for HBCU teacher education programs. Researchers’ examined programs at Alabama A&M, Albany State University, Fayetteville State University, and Huston-Tillotson University to uncover strategies for recruitment, support.

 

UNCF released HBCUs Make America Strong: The Positive Economic Impact of Historically Black Colleges and Universities. The robust study, commissioned by UNCF’s Frederick D. Patterson Research Institute, examined the economic, employment, and social impact of 100 HBCUs. The report and documentation are available at UNCF

 

 Governor Glen Youngkin appointed Hampton University's Dr. Calvin Lowe to the Virginia Nuclear Energy Consortium Authority (VNECA). The consortium supports business development and research related to nuclear energy. 

 

Red River Athletic Conference selected Mr. Randy Butler, to represent the conference at the National Association of Intercollegiate Athletics' 2024 Governance and Leadership Academy. Mr. Butler is the athletic director at Texas College.

 

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Programs

The South Carolina Commission on Higher Education approved the addition of a fire protection engineering concentration in South Carolina State University’s civil engineering program. The update was prompted by the Savannah River Nuclear Solutions’ need for engineers trained in fire protection. Few institutions offer degree programs in fire protection engineering. The Savannah River Nuclear Solutions will assist in developing the program.

 

The University of North Carolina System Board of governors has approved a Doctor of Nursing Practice program at North Carolina A&T State University’s John R. And Kathy R. Hairston College of Health and Human Sciences. The program will offer two tracks: Psychiatric-Mental Health Nurse Practitioner and Transformational Nursing Leadership. It is expect to grow quickly due to the shortage of health care professionals and the popularity of the field. 

 

Delaware State University signed a Memorandum of Understanding with the University of Belize. The institutions will collaborate on seminars, worships, training, presentations mentorship programs and research. The signing took place on Delaware State University campus and was attended by the ambassador of Belize, the director of institutional advancement, and the director of the University of Belize Central Farm Campus. 

 

City Year AmeriCorps, a nonprofit academic success coaching company, added Paul Quinn College to its list of education providers. The nonprofit has partnerships with many colleges and universities but this is its first with an HBCU. City Year’s AmeriCorps members will be eligible for scholarships and corporate internships. 

 

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Spelman College is offering a concentration in cometic chemistry for chemistry majors and a minor in cosmetic science for students whose major is not chemistry. Last year the college launched a cosmetic science certificate program online. The program was expanded due to high interest. The college will also hold a one-week Cosmetic Science Summer Lab Intensive.

 

The Academic Engagement Network (AEN) launched a pilot program at South Carolina State and Vorhees Universities to provide seminars and training about Jewish identity, Israel, and the history of Black-Jewish solidarity. Through its Antisemitism Education Initiative, AEM provides grants up to $75,000 to launch antisemitism awareness programs. The group plans to expand the program to other HBCUs.

 

Morehouse School of Medicine (MSM) has been successful in its efforts to recruit more students into healthcare. The increase in the number of medical students has caused the institution to consider establishing regional campuses near where students can complete their residency training—including Chattanooga, Tennessee. Many MSM’s students have completed elective rotations at CHI Memorial in Chattanooga. The hospital is considering starting a residency training program. CHI Memorial is part of CommonSpirit Health, which formed the More in Common Alliance with MSM in 2020.

 

 Bennett College is working with Fund II Foundation’s Black Maternal Health Equity project to support student mothers. Resources will include a Montessori-inspired playroom and a lactation room. 

 

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AI Policy Considerations

HBCUs have been deeply involved with AI for a long time. Some HBCUs offer degree programs in the field and quite a number engage in research as well. Tennessee State University’s state-of-the-art Smart Innovation Technology Center hosts an AI summit and provides training and workshops for faculty and students. Howard University leads a consortium of HBCUs in the Research Institute for Tactical Autonomy, a University Affiliated Research Center of the US Department of Defense. Recently, a method of detecting deepfake media using decentralized applications running on a blockchain was created at the FAMU-FSU College of Engineering.

 

In the years since the federal Office of Science and Technology Policy published the Blueprint for an AI Bill of Rights, advances in AI have accelerated and access has boomed. Although it might not address all the issues we face today, the aspirational non-binding document indicates the legislative direction the federal government may take in the future. 

 

AI is embedded in many of the tools commonly used in higher education. You may think that you are not using AI, but you probably are. A survey of institutions by the Northwest Commission on Colleges and Universities found nearly all respondents who claimed they were not using AI were actually using it. What’s more concerning is, they were doing so without a policy in place.  

 

Whether an institution primarily interacts with the technology as a customer or is involved in trail blazing research, having an explicit policy helps to ensure safety and regulatory compliance. However, developing AI policies that are lawful, ethical, safe, and respectful is a monumental task. The Seven Principles for Al in Education and the AI Toolkit, are valuable resources. 

 

Stakeholder Input

The policy making committee should incorporating input from all factions of the campus. This makes it more likely the result will be informed, sound, enforceable, and fair. A recent article in Campus Technology focused on the AI policy development process used by the University of Kentucky. The university formed a task force that included IT experts, legal advisors, faculty members, administrators, staff, and students. That task force developed a policy and is responsible for providing ongoing guidance on ethical AI use to the various segments of the campus community. 

 

AI Literacy

Generative AI can magnify existing economic disparities, according to Building AI Literacy at HBCUs Can Help Future-Proof Black Families , an article in Forbes. Remedies include partnering with HBCU advocacy groups and tech companies and providing students with the tools to influence the future development of generative AI. Professional development opportunities can help faculty keep up with advances related to the use of generative AI in education and pedagogy.  

 

The proliferation of AI powered apps, devices, and gadgets has made cybersecurity more challenging. Administrators, employees, staff, and other members of the campus community should be encouraged to maintain a high level of AI literacy and cybersecurity awareness. It is important for the campus community to share information on current trends related to scams, identity theft, cybersecurity best practices, and AI powered cybersecurity tools. The National Institute of Standards and Technology published an AI Risk Management Framework that may be useful.

 

Use, Detection, and Accuracy

 Although it is not the only ethical challenge posed by AI, the media often focus on the possibility of students using AI to cheat. As the tools are readily accessible and inexpensive, the campus community must be on the same page regarding what is permitted and what is prohibited. Students should know how and when use is permissible and have a clear understanding academic integrity. It also may be helpful to offer professional development resources for faculty. 

 

AI proctors, AI detectors, and data forensic services (ChatGPT detectors) have been known to return false positives when tested using classical literature, historical documents, student work, and even faculty papers. This type of technology often incorrectly flags the writing of non-native English speakers, neurodivergent students, and those diagnosed with ADHD as artificially generated. 

 

If AI detectors will be used in a class, consider including that information in the syllabus along with a reminder that students should save all drafts and notes. Flags from an AI detector should be reviewed closely to prevent false accusations. A cheating accusation can have a long term negative impact. It can also bring negative publicity to the institution if an aggrieved student takes the matter to court.

 

Issues with AI proctors include privacy, security, and accuracy. Proctoring apps that require students to keep their eyes focused on the screen or restrict movements during a test, may return false positives, particularly impacting students who do not have a suitable location for testing in their homes. Also note that at least one federal court considered a pre-test video scan of a student’s bedroom to be an invasion of privacy. If AI proctors are to be used, consider making this known in the syllabus and offering alternatives. 

 

If an AI-detection service requires assignments to be uploaded to a public database or a database used for machine training, you may need to get permission to do so. Students' written works are copyright protected. Alternatives should be offered for students who opt-out. This may be more important in entrepreneurial classes, coding classes, and creative writing classes, but should be considered across the board. Also, AI-detection services are third-party vendors whose security and privacy practices need to be vetted. 

 

Tools and strategies that may help with this aspect of policy development include, considerations from Educause, guidance for instructors from UCLA,  a foundational guide from Canvas LMS, a higher education survey from Forbes, and a review of compliance and insurance considerations from Campus Technology.

 

 FERPA

Athletic departments must comply with FERPA. Your general counsel and chief compliance officer may need to be involved in this stage. Take steps to avoid issues that may arise around ethics, transparency, ownership of biometric data, and informed consent.

 

Athletic departments may partner with third-party vendors that collect student biometric data via wearable technology—including protective gear and sleep monitors. Student-athletes may consent to these disclosures and even welcome them as tools they can use to improve their performance. 

 

Institutions may want to include mechanisms to: verify students are informed about the various ways their data will be used before they are asked to consent; offer them the opportunity to opt-out; and impose limits on third-party tracking and data sharing. Transparency is important and the federal government has clearly advocated including opt-out provisions, human alternatives, and fallbacks when collecting biometric data.

 

Third-party vendors offering academic support and courseware may also collect a variety of student biometrics. Institutions should ensure student personal and performance data will be used, stored, and destroyed ethically and in compliance with federal and other regulations. Data collection should be limited to what is necessary. Vendors and their wares should be thoroughly vetted with a view toward verifying their standards, ethics, and regulatory compliance.

 

FERPA permits sharing de-identified student data for research and training. Access to data is important to education research. The Department updated the FERPA to allow use of de-identified student data. There are several data de-identification strategies which had worked fine. But that is no longer the case. Researchers using AI have successfully re-identified student data. Although FERPA protection ceases when an individual is no longer enrolled, alumni and former students most likely have an expectation of privacy. Given the ability of AI powered systems to re-identify individuals, the government may face pressure to update the FERPA rule again. Policy-wise, de-identification should be robust and overlapping. Researchers are trying homomorphic encryption, research-friendly anonymization that preserves privacy, and other methodologies to address the issue of Ai-enabled re-identification.

 

Administrative Use

AI can be used to enhance fraud and theft schemes. Consider a recent case where, during a high-level meeting with officers of the company, a CFO was instructed to make payments to several accounts. Only it wasn’t a high-level video conference with his peers. It was a deep fake and the money was stolen. The incident highlights the importance of maintaining human agency. Final decisions—particularly important ones—should be made by a human person. A verification step inserted between getting the instructions and wiring the funds could have saved the day. Dual controls were not intended to work remotely.  

 

There are ways to use AI to detect anomalous activity that may be fraudulent and experts offer tips on detecting fake zoom participants. It is important to assess your risk, evaluate, and shore up your procedures. Robust internal controls, cybersecurity practices, and AI literacy can aid in prevention. 

 

Note that your institution may be held liable for any promises made by a chatbot on its website. The case in point is Canadian but it is likely courts in the US would rule similarly. Canadian Airlines employed a chatbot on its website that gave out incorrect information about bereavement pricing. When it refused to honor those terms, the customer sued. The court found no difference between a chatbot and any other type of customer service representative and ruled against the airline. This is an important development as chatbots are notorious for making things up and fabricating sources. Although a US court may rule differently, reduce the risk of encountering that problem by carefully considering if, where, when, and how chatbots will be used. Administrators offering things online should adopt a policy of adding one or more steps to online agreements, subscriptions, or sales to ensure the terms and pricing are understood.

 

Security

AI has drastically reduced the resources and expertise needed to launch cyberattacks. It has been used to improve phishing emails, create deepfakes, disseminate disinformation, perpetrate online fraud, and to stalk and bully. Old fashioned breaches that expose biometric data and a new type of malware that steals biometric traits are among the security challenges institutions face. Input from the chief privacy officer, the chief information security officer, chief technology officer, chief compliance officer, and legal counsel will help hammer out the details to ensure system security and integrity, data security and privacy, and appropriate incident response. 

 

Multi-factor authentication, password expiration, encryption, and retention policies may help keep biometric identification and access systems more secure. These systems have beens shown to be vulnerable to deep fake, camera injection, and face swapping attacks. A breach of biometric data can have devastating impact. 

 

Similar system make work differently. Be wary of assuming all system facial recognition or all fingerprint systems, are based on the same technology. A modern sleek interface may be powered by dangerously insecure technology. Any system under consideration should be thoroughly vetted by various experts and stakeholders. Vet thoroughly—checking the accuracy, security, and capacity of the system. Many models have been trained on poor data and exhibit bias. Testing may expose bias. Also consider offering accommodations and fallbacks for those with accessibility issues.

 

Compliance

Policy makers will need to consider evolving local, state, and federal regulations. Over the past year, several states and municipalities have enacted or proposed AI regulations. Maine put a six month moratorium on generative AI and New York City is enforcing a new law aimed at reining in bias from AI used by employers. Experts believe such anti-bias legislation will soon be the norm.

 

Guidance may be available from the MetroLab Network. An organization made up of institutions of higher education and municipalities, the network will release a report on designing AI policies later this year. 

 

Courts in Illinois, which has one of the nation’s toughest biometric privacy laws, have ruled that, due to their participation in federal student aid, colleges and universities are financial institutions exempt from biometric privacy prohibitions. However, in Patterson v. Respondus, Inc., the court stipulated that a university must prove it is significantly engaged in financial activities to qualify for the exemption. As a precaution, institutions should be prepared to submit evidence that they qualify for the exemption and have a publicly available notice that provides information about biometric retention, destruction, and privacy policies.

 

In a policy statement, the FTC listed practices it will scrutinize for compliance: 

  • Deception relating to the reliability, accuracy, fairness, and efficacy of technology using biometric information;
  • Deceptive statements about the collection and use of biometric information
  • Unfair use of biometric technology (automatically collecting individuals’ biometric information as they enter or move through a space)
  • Failing to protect consumers’ personal information
  • Failing to assess foreseeable harms to consumers prior to collecting their biometric information (inadequate assessment and testing)
  • Failing to promptly address known or foreseeable risks
  • Engaging in surreptitious and unexpected collection or use of biometric information
  • Failing to evaluate the practices and capabilities of third parties 
  • Failing to provide appropriate training for employees and contractors
  • Failing to conduct ongoing monitoring of technologies 

 

In general, federal agencies have indicated that use of AI should conform to existing regulations—particularly anti-discrimination and anti-bias laws. The Department noted that emergent ed tech is subject to existing privacy regulations but conceded updates may be needed to ensure safety and effectiveness Some of the recent federal actions include:

 

  • The White House updated its AI policy to require all agencies to designate a Chief AI Officer who will be responsible for implementing federal AI policy which aims to promote responsible use and mitigate risk.
  • The Department of Education’s Office of Educational Technology released A Call to Action for Closing the Digital Access, Design, and Use Divide 
  • The Department of Education’s Office of Educational Technology released Artificial Intelligence and the Future of Teaching and Learning
  • In a joint statement, the Federal Trade Commission, the Department of Justice , the Equal Employment Opportunity Commission, and the Consumer Financial Protection Bureau affirmed their agencies existing authority applies to automated systems including AI powered applications
  • The Federal Communications Commission banned AI generated voices in robocalls, after thousands were targeted in an attack that used voice cloning to imitate President Biden. That technology, originally developed to allow an actor’s voice to be dubbed into another language, had been used against the president before and serves to show how helpful tech can be maliciously repurposed .
  • The EEOC published guidance that indicated use of algorithmic decision-making tools that remove applicants from consideration based on a disability that could be reasonably accommodated violates the Americans with Disabilities Act. 
  • The National Science Foundation announced it will not use generative AI in the grant review process. It called on applicants to reveal the extent they used the technology to develop their proposals. 
  • President Biden issued an executive order prohibiting the sale of biometric data to six specific countries.

 

Ethics

Existing codes of conduct can be adjusted and made applicable to AI use to prevent misuse, protect privacy, protect reputation, and mitigate harm. 

 

Since the pandemic, mental health concerns on campus have risen. Companion bots (generative AI powered girlfriends and boyfriends) and mental health bots are available online. Although, a recent study indicated use of an AI companion app can reverse suicidal ideation, other studies warn they may cause or exacerbate mental health issues. The same accolades and warnings may be true for mental health chatbots. It is important to note that many of these apps have poor privacy standards and some may sell personal data. 

 

A policy of discouraging use of AI companion and mental health bots and promoting use of the student health center’s mental health resources may help mitigate problems caused by companion bots. The American Council on Education recommends using data to assess student mental health needs.

 

 Other concerns include deepfakes used to harass and bully others. Congress is considering a bill that prohibits using generative AI to make fake intimate photos without the consent of the one depicted. 

 

And finally, policy makers should take into consideration that some individuals may have reservations about or be opposed to biometric access systems based upon deeply held beliefs or fears. These can be religious or personal. Religious objection may or may not be supported by religious leaders or texts. Personal aversion could be very strong. For instance, individuals may be reluctant to use an iris scanner for fear of injuring their eyes. Easily accessible fallbacks and alternatives will reduce complaints and make the process run more smoothly.

 

 

 

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Federal Student Aid (FSA)
Contact agencies or call 404-874-0555 to schedule a consultation with a student financial aid management specialist.

FAFSAs delivered before March 21, 2024 include some that have miscalculated Student Aid Index values for dependent students who reported assets. Financial aid administrators can recalculate the SAI using the fields in the ISIR to develop tentative aid packages for affected students. Instructions for calculating an SAI are available in the 2024-25 Student Aid Index and Pell Grant Eligibility Guide, and are also presented in the SAI webinar. Please note that ISIRs for dependent student without assets are not impacted and can be processed as planned. 

 

EDconnect 8.6.1 was re-published due on March 1, 2024, due to an issue that could render a group profile inaccessible. The Department strongly advises all users to downloaded the updated version (EDconnect861fix.exe). 

 

As described in Electronic Announcements 24-08 and  24-11, the Department authorized 2024-2025 award year flexibilities and dedicated resources to provide support to institutions in order to speed up the financial aid award process in light of FAFSA delays. Those and news other FSA notices appear below:

 

 

Updates will be made on a regular basis to the frequently asked questions about production ISIRs for the 2024-2025 FAFSA page.

 

Updates will be made on a regular basis to the 2024-2025 FAFSA issue alerts page

 

A reduction of verification requirements and a reduction in the number of applications selected for verification.

 

A moratorium on launching new program reviews between now and June 2024—except for those related to the most serious issues. 

 

The 90-day recertification deadline for institutions whose program participation agreement expires in March, June or September is waived. Those institutions have until their expiration date to submit a recertification application.

 

FSA has deployed federal student financial aid experts to provide hands-on help processing FAFSA forms and packaging federal student aid.

 

Direct funding for technical assistance and on-the-ground support is available for the institutions that need it most. 

 

FSA has a concierge service to provide direct contact with financial experts who can answer questions and connect institutions to available resources. Requests for support should be emailed to CollegeSupportStrategy-FAFSA@ed.gov.

 

The Department is allocating funds to nonprofit groups that specialize in financial aid support and services. These groups will provide additional technical support to under-resourced institutions.

 

Detailed information about the Student Aid Index (SAI) is available in the 2024-25 Student Aid Index (SAI) and Pell Grant Eligibility Guide.

 

Test ISIRs and standalone tools to view, and validate ISIRa and to assist with creating mock data for test ISIRs are available on the Department’s GitHub page.

 

FSA published an announcement clarifying treatment of federal tax information

 

FSA published an announcement on making unaccompanied homeless youth determinations

 

Consult the  Special Cases section of the 2024-2025 Federal Student Aid Handbook for clarification on exercising professional judgement. Examples include when: you suspect fraud, when a dependency override is warranted, to resolve conflicting information, and when an unaccompanied homeless youth determination is necessary. 

 

A previously published electronic announcement covers treatment of federal tax information and the status of provisionally independent students and unaccompanied homeless youth.

 

In accordance with the Children’s Online Privacy Protection Act of 1998, applicants under the age of 13 should not use the fafsa.gov website nor should they provide an email address on the FAFSA application.

 

Tentative funding levels and corresponding worksheets for the Federal Work-Study Program and the Federal Supplemental Educational Opportunity Grant Program for the 2024–2025 award year are posted on the COD website.

 

FSA published information regarding the Federal Pell Grant award amounts for the 2024-2025 award year. Under the FAFSA Simplification Act, the Department no longer publishes a Pell Grant payment and disbursement schedule. Each student’s scheduled award is either: a maximum Pell Grant  Award, a Student Aid Index-calculated Pell Grant, or a minimum Pell Grant Award. See the announcement and Volume 7 of the Federal Student Aid Handbook for more details.

 

The Direct Loan closeout deadline for the 2022-2023 program year is July 31, 2024. All data must be received and accepted by this date to be included in the final ending cash balance. 

 

FSA published information for financial aid and business officers regarding Federal Pell Grant Program Reconciliation. The alert included a Q&A section and important deadlines. 

 

FSA published a reminder regarding required attestations for regular and short-term programs. The notice included information on the applicability and enforcement of recently enacted regulations. 

 

FSA announced the availability of the 2023 Annual Report for the Experimental Sites Initiative.

 

The Department can waive limitations on distance education and written arrangements for institutions impacted by a national emergency in a foreign country. This does not apply to disasters or closures that are not part of a national emergency. Requests are considered on a case-by-case basis. If approved, the waiver is effective retroactive to the date the emergency was declared and expires at the end of an institution’s first payment period that begins after the end of the declared national emergency.

 

FSA published guidance for institutions that participate in the Federal Family Education Loan, Parent Plus Loan, and the Federal Perkins Loan Programs. They can fulfill their regulatory obligation by evaluating a borrower’s undue hardship claim to determine whether full or partial discharge is recommended. In cases where the borrowers claim of undue hardship is not supported, they must determine if the cost of objecting to the claim will exceed the amount that would be discharged.

 

Atlassian’s Confluence Data Center and Server has been compromised. Attackers can create an unauthorized administrator account to exfiltrate data. Institutions are advised to check their server version to see if it is a vulnerable one (CVE-2023-22515), upgrade your server, and conduct comprehensive threat detection.



Events
w0ww4 Virtual WPI HBCU & Small College Forum

Event: 2024 Endowment Leadership Series

Date: Now-April 18th, 2024

Location: Virtual

 

Event: CUPA-HR Spring Conference

Date: April 21-23, 2024 

Location: Hilton Minneapolis, Minneapolis, Minnesota

 

Event: 2024 NAGAP Graduate Enrollment Management Summit

Date: April 24-27, 2024

Location: The Galt House Hotel, Louisville, KY

 

Event: AI For All Open Education Summit 2024

Date: June 5-7, 2024

Location: Tennessee State University - Avon Williams Downtown Campus, Nashville TN

 

Event: AICPA & CIMA CFO Conference

Date: April 24-26

Location: The Charleston Place, Charleston, SC, Live Online

 

Event: Making Sense of Microcredentials

Date: Webcast

Venue: Virtual

 

Event: How to Start a Registered Apprenticeship

Date: Podcast

Venue: Virtual

 

Event: University Business Cybersecurity Webinar

Date: On Demand

Venue: Virtual

 

Event: CHEA/CIQG Annual Conference 

Date: On Demand (held Jan. 29-Feb. 1, 2024)

Venue: Virtual 


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About this Publication
 
WPG HBCU News is a monthly email published by the Wesley Peachtree Group, CPAs (WPG) as a service to the sector. It consists of short summaries of news articles, government regulations, and announcements found online.

WPG HBCU News is available at no cost to HBCU administrators, trustees, and senior stakeholders. It is not intended as legal or financial advice. WPG's staff, writers, editors,  publishers, web hosts, email distributors, and others involved with the production and presentation of this newsletter are not liable for errors, omissions, losses, injuries, or damages arising directly or indirectly from use of this newsletter or any information presented therein.

WPG is a full-service accounting firm serving privately held businesses and clients in the education, government, faith-based, and not-for-profit sectors. We specialize in higher education with a particular emphasis on minority-serving institutions. We hope you find this publication useful and welcome your feedback.
 
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