༄༅།་ GUARANTEED STUDENT LOAN AND CIS RECORD ONLY: HEARINGS BEFORE THE SUBCOMMITTEE ON OF THE COMMITTEE ON EDUCATION AND LABOR HOUSE OF REPRESENTATIVES NINETY-SEVENTH CONGRESS SECOND SESSION HEARINGS HELD IN WASHINGTON, D.C. ON MAY 12, 13, 19, 1982 Printed for the use of the Committee on Education and Labor Bell, Hon. Terrel H., Secretary of Education, Department of Education, accompanied by Daniel Oliver, General Counsel Berry, Mary Frances, member, U.S. Commission on Civil Rights.. Chisholm, Hon. Shirley, a Representative in Congress from the State of Edwards, Hon. Don, a Representative in Congress from the State of 141 255 Sandler, Bernice, director, project on the status of women, Association on 149 Schroeder, Hon. Patricia, a Representative in Congress from the State of Taylor, William, director, Center for National Policy Review Prepared statements, letters, supplemental material, etc.- Ackerman, David M., legislative attorney, American Law Division, Con- gressional Research Service, the Library of Congress, "Legal Analysis of Whether Institutions Attended by Students with loans under the Guaranteed Student Loan Program are subject to the nondiscrimina- tion provision of various civil rights statutes" article entitled Bell, Terrel H., Secretary of Education, U.S. Department of Education, Moore, James W., Director of Student Financial Assistance Pro- grams, U.S. Department of Education, letter to Margaret A. Kohn, Knox, Holly, director, Project on Equal Education Rights of the NOW 179 73 Page Prepared statements, letters, supplemental material, etc.—Continued Pottinger, J. Stanley, the Lawyers' Committee for Civil Rights Under 185 Sandler, Dr. Bernice Resnick, director, Project on the Status and Education of Women, Association of American Colleges, Washington, D.C.: Prepared statement of. 151 "Federal Laws and Regulations Prohibiting Sex Discrimination in 171 "Partial List of Actions Institutions Must Take Under Title IX" 157 "Publications List Order Form" 174 "Single Sex Organizations and Programs Under Title IX" article 161 "Title IX of the Education Amendments of 1972, as Amended" article 169 163 "Update on Title IX and Sports No. 3" article entitled Simon, Hon. Paul, a Representative in Congress from the State of Illinois and Chairman, Subcommittee on Postsecondary Education, opening statement of... Taylor, William L., director, center for National Policy Review, prepared statement of... 1 144 GUARANTEED STUDENT LOANS AND CIVIL RIGHTS ENFORCEMENT MAY 12, 1982 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON POSTSECONDARY EDUCATION, Washington, D.C. The subcommittee met, pursuant to call, at 9 a.m. in room 2261, Rayburn House Office Building, Hon. Paul Simon presiding. Members present: Representatives Simon, Peyser, Weiss, Coleman, DeNardis, and Erlenborn. Staff present: William A Blakey, counsel; John Dean, minority counsel; Lisa Phillips, staff assistant; Betsy Brand, minority legislative associate. [Opening statement of Hon. Paul Simon:] OPENING STATEMENT OF HON. PAUL SIMON, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF ILLINOIS, CHAIRMAN, SUBCOMMITTEE ON POSTSECONDARY EDUCATION This morning the Postsecondary Education Subcommittee begins two days of hearings on Administration policies in enforcing civil rights statutes at colleges and universities receiving federal financial assistance. The specific action which prompted these hearings is an amended Justice Department appeal in Grove City College v. Bell. In that appeal, amended earlier this year, the Justice Department indicated that it will no longer contest a lower court ruling that Guaranteed Student Loans are direct federal financial assistance for purposes of enforcing Title IX of the Education Amendments of 1972 (Sex Equity in Education). This decision appears not to have been reached easily at the Justice Department. Months of communication between Justice and the Department of Education arguing the merits and the legality of the position preceded the amended Grove City appeal. At this hearing today, we hope to get answers to these questions: How did the Department of Education formulate the policy that GSL's were no longer to be considered Federal financial assistance? Why did the Justice Department alter its position after refusing to agree with the Department's original policy position? What was the legal basis for Justice amending its position on Grove City in relation to the GSL question? What will be the impact of this new policy both in terms of postsecondary institutions which will no longer be under Title IX regulations and in terms of the students and faculty affected? What will be the impact on enforcement of related statutes such as Title VI of the Civil Rights Act of 1964 and Section 504 on handicapped rights? Is this part of a larger policy of the Administration to narrow the enforcement of civil rights statutes in a manner which avoids congressional involvement? Beyond questions of legality, policy and congressional intent in the Administration's enforcement of civil rights statutes are questions which are equally disturbing. These are questions of authority and responsibility at the highest levels of the Executive Branch. Let me quote from a memorandum to Secretary Terrel Bell from Daniel Oliver, the General Counsel of the Department of Education on proposed regulations narrowing the definition of federal financial aid: (1) |