Government Regulation And Financial Aid | Government Regulation and Financial Aid Accreditation In July 2018, the Accrediting Commission of Career Schools and Colleges (ACCSC) conducted a renewal of accreditation on-site evaluation at NASCAR Technical Institute, which resulted in zero findings. The campus was reaccredited at the February 2019 Commission meeting. The accreditation will expire in December 2023. In August 2018, ACCSC conducted a renewal of accreditation on-site evaluation at our Orlando, Florida campus. On April 19, 2019, we received a Team Summary Report from ACCSC that summarized two findings from its visit to our campus in connection with renewing the campus’ accreditation. The first finding related to two programs that did not meet the employment benchmark set by ACCSC. Both programs did not meet the employment benchmark primarily due to low enrollment of only eight students available for employment across both programs. The second finding relates to not being able to provide documentation of our prior work experience verification for instructors hired prior to 2009. Due to a change in vendors for that service, verification records going back that far were no longer available. Since the on-site evaluation, we have reverified and documented that all instructors meet the minimum three-year practical work experience requirement, and we have provided the documentation in our Team Summary Report response. We responded to the Team Summary Report on May 31, 2019 in advance of the June 3, 2019 deadline. The campus will be considered for reaccreditation at the August 2019 Commission meeting. In September 2018, ACCSC conducted a renewal of accreditation on-site evaluation at our Houston, Texas campus, which resulted in one finding of non-compliance. The Houston, Texas campus reported student graduation and employment rates that did not meet the ACCSC minimum benchmarks for the Collision Repair & Refinish Technology program and Core Collision Repair & Refinish Technology with Estimating. The campus has since discontinued the Core Collision Repair & Refinish Technology with Estimating program and the Collision Repair & Refinish Technology is now above the established benchmarks. The campus was reaccredited at the May 2019 Commission meeting. The accreditation will expire in February 2024. In December 2018, ACCSC conducted a renewal of accreditation on-site evaluation at our Lisle, Illinois campus, which resulted in zero findings. The campus was reaccredited at the May 2019 Commission meeting. The accreditation will expire in February 2024. In February 2019, ACCSC conducted a branch verification on-site evaluation at our Bloomfield, New Jersey campus, which resulted in zero findings. The campus is currently engaged in the renewal of accreditation process and anticipates a renewal of accreditation on-site evaluation in the fall of 2019. ACCSC also conducted a renewal of accreditation on-site evaluation at our Avondale, Arizona campus, which resulted in zero findings. The campus will be considered for reaccreditation at the August 2019 Commission meeting. In March 2019, ACCSC conducted a renewal of accreditation on-site evaluation at our Rancho Cucamonga, California campus, which resulted in zero findings. The campus will be considered for reaccreditation at the August 2019 Commission meeting. In April 2019, ACCSC conducted a renewal of accreditation on-site evaluation at our Phoenix, Arizona campus, which resulted in one finding. ACCSC found that the program name identified on the enrollment agreement and the transcript included internal codes and abbreviations that do not align with the state or ACCSC approvals. The enrollment agreement and transcript have been updated and no longer include internal codes or abbreviations in the program name. Under ACCSC procedures, we intend to respond to the Team Summary Report by the August 26, 2019 due date. The campus will be considered for reaccreditation at the November 2019 Commission meeting. State Authorization and Regulation Each of our institutions must be authorized by the applicable state education agency where the institution is located to operate and offer a postsecondary education program to its students. Our institutions are subject to extensive, ongoing regulation by each of these states. The level of regulatory oversight varies substantially from state to state and is extensive in some states. “See “Regulatory Environment - State Authorization and Regulation” in our 2018 Annual Report on Form 10-K filed with the SEC on November 30, 2018. States often change their requirements in response to the Department of Education (ED) regulations or to implement requirements that may impact institutional and student success, and our institutions must respond quickly to remain in compliance. Also, from time to time, states may transition authority between state agencies and we must comply with the new state agency’s rules, procedures and other documentation requirements. Changes in state requirements have resulted in changes to our recruiting and other operations in those states and have increased our costs of doing business. If any one of our campuses were to lose its authorization from the education agency of the state in which the campus is located, that campus would be unable to offer its programs and we could be forced to close that campus. If one of our campuses were to lose its authorization from a state other than the state in which the campus is located, that campus would not be able to recruit students in that state. As we previously reported, a series of bills were proposed in the California legislature that would impose substantial new requirements on our schools in California. In the ensuing period, there have been major proposed revisions to the bills, which decrease their potential risk to our current business; however, these bills are not final, and are still subject to additional change. The proposed new gainful employment standard for educational programs has been amended to remove penalties associated with a new measure of median student debt and California based wages; the proposal to set limitations on the percentage of revenue received from federal and state financial aid that would have been stricter than ED’s 90/10 rule was withdrawn by the author; and further restrictions on payments based on student success have been amended. We cannot predict the timing, content or impact of any final laws that may emerge from the California legislature on these or other topics. The enactment of one or more of these proposed laws or similar laws could create compliance challenges and impose substantial additional costs on our institutions which could have a material adverse effect on our cash flows, results of operations and financial condition. Regulation of Federal Student Financial Aid Programs Accreditation & Academic Definitions. On October 15, 2018, ED published a notice in the Federal Register announcing its intent to establish a negotiated rulemaking committee and three subcommittees to develop proposed regulations related to several matters, including, but not limited to, requirements for accrediting agencies in their oversight of member institutions and programs; criteria used by ED to recognize accrediting agencies; simplification of ED’s recognition and review of accrediting agencies; clarification of the core oversight responsibilities amongst accrediting agencies, states and ED; clarification of the permissible arrangements between an institution of higher education and another organization to provide a portion of an educational program; roles and responsibilities of institutions and accrediting agencies in the teach-out process; regulatory changes required to ensure equitable treatment of brick-and-mortar and distance education programs; regulatory changes required to enable expansion of direct assessment programs, distance education, and competency-based education; regulatory changes required to clarify disclosure and other requirements of state authorization; emphasizing the importance of institutional mission in evaluating its policies, programs and outcomes; simplification of state authorization requirements related to distance education; defining “regular and substantive interaction” as it relates to distance education and correspondence courses; defining the term “credit hour;” defining the requirements related to the length of educational programs and entry level requirements for the occupation; and other matters. On January 7, 2019, ED released a set of draft proposed regulations for consideration and negotiation by the negotiated rulemaking committee and subcommittees. The draft proposed regulations also cover additional topics including, but not limited to, amendments to current regulations regarding the clock to credit hour conversion formula for measuring the lengths of certain educational programs, the return of unearned Title IV funds received for students who withdraw before completing their educational programs, and the measurement of student academic progress. ED released additional revisions and updates to the draft proposed regulations prior to subsequent meetings of the committee and subcommittees in early 2019. The committee and subcommittees completed their meetings in April 2019 and reached consensus on draft proposed regulations. On June 12, 2019, ED published proposed regulations on a portion of these issues (primarily those related to accreditation) in a notice of proposed rulemaking in the Federal Register for public comment and to consider revisions to the regulations in response to the comments before publishing the final versions of the regulations. ED stated that it intends to publish proposed regulations on the remaining issues in a separate notice of proposed rulemaking, but did not indicate when it would publish these proposed changes. The proposed changes to the regulations remain subject to further change during the rulemaking process. We are in the process of reviewing the proposed regulations and will continue to monitor and review the proposed regulations as they evolve. At this time, we cannot provide any assurances as to the timing, content or impact of any final regulations arising from the negotiated rulemaking process. Compliance with Regulatory Standards and Requests. As described in our 2018 Annual Report on Form 10-K filed with the SEC on November 30, 2018, in connection with the issuance of our Series A Preferred Stock, effective July 2016 ED requested the submission of bi-weekly cash flow projection reports and a monthly student roster. On February 28, 2018, ED notified us that the cash flow projection reports would be required on a monthly basis instead of the previously requested bi-weekly basis. This special reporting will continue until we are otherwise notified by ED. Gainful Employment. As described in our 2018 Annual Report on Form 10-K filed with the SEC on November 30, 2018, ED gainful employment regulations include debt to earning (DE) metrics and disclosure requirements for program certifications, reporting and disclosure of program information and warnings. On July 1, 2019, ED issued final regulations that rescind the gainful employment regulations. The final regulations have an effective date of July 1, 2020. However, ED has stated in a June 28, 2019 electronic announcement that institutions may elect to implement immediately the new regulations and that institutions that early implement the regulations will not be required to report gainful employment data for the 2018-2019 award year, comply with requirements for including a gainful employment disclosure template in their promotional materials or directly distributing the disclosure template to prospective students, post gainful employment disclosures on their web pages, or comply with certification requirements for gainful employment. ED stated in the electronic announcement that institutions that do not early implement the new regulations are expected to comply with the existing gainful employment regulations by July 1, 2020. We have taken steps to early implement the new regulations. Defense to Repayment Regulations. The current regulations on borrower defense to repayment were published on November 1, 2016, with an effective date of July 1, 2017. As described in detail in our 2018 Annual Report on Form 10-K filed with the SEC on November 30, 2018, the current regulations include provisions related to Borrower Defense and Other Discharges, Financial Protection Requirements, Student Loan Repayment Rates, and Prohibitions on Pre-Dispute Contractual Provisions. See “Regulatory Environment - Defense to Repayment Regulations” in our 2018 Annual Report on Form 10-K filed with the SEC on November 30, 2018. On October 24, 2017, ED published an interim regulation that delayed until July 1, 2018 the effective date of the majority of the regulations. On February 14, 2018, a final rule was published in the Federal Register delaying until July 1, 2019 the effective date of the regulations. On September 12, 2018, a U.S. District Court judge issued an opinion concluding among other things that the delay in the effective date was unlawful. On October 16, 2018, the judge issued an order declining to extend a stay preventing the regulations from taking effect. Consequently, the November 1, 2016 regulations are now in effect. On March 15, 2019, ED issued an electronic announcement with guidance regarding the implementation of some of the provisions of the regulations that were published on November 1, 2016 (the “2016 Final Regulations”). • Borrower Defense to Repayment Standard: The 2016 Final Regulations established a federal standard for borrower defense to repayment applications based upon judgments against institutions, breaches of contract by institutions and substantial misrepresentations by institutions. See “Regulatory Environment - Defense to Repayment Regulations - Borrower Defense and Other Discharges” in our 2018 Annual Report on Form 10-K filed with the SEC on November 30, 2018. The electronic announcement states that this standard will be applied for borrower defense to repayment claims asserted as to loans first disbursed on or after July 1, 2017. • The Financial Responsibility Events, Actions, and Conditions : The 2016 Final Regulations included revisions to ED’s standards that institutions must meet to be deemed financially responsible. Among other things, the 2016 Final Regulations require institutions to notify ED within specified time frames for any one of an extensive list of events, actions, or conditions that occur on or after July 1, 2017. See “Regulatory Environment - Defense to Repayment Regulations - Financial Protection Requirements” in our 2018 Annual Report on Form 10-K filed with the SEC on November 30, 2018. ED acknowledged in the electronic announcement that some institutions may have been uncertain about how to comply with these requirements in light of the delays and court orders regarding the effective date of the 2016 Final Regulations. In general, ED gives institutions within 60 days of the electronic announcement to send notifications of actions, events, and conditions that occurred between the July 1, 2017 effective date of the 2016 Final Regulations and the date of the electronic announcement. However, there are exceptions. For example, institutions are not required to submit a notification for certain debts, liabilities and losses that occurred between July 1, 2017 and the last day of the fiscal year end for the most recent annual audit submission submitted to ED. The electronic announcement indicates that institutions have an ongoing responsibility to notify ED of subsequent actions, events, or conditions. One such event is the planned closure of our Norwood, Massachusetts campus in the fall of 2020, which we announced on February 18, 2019. The occurrence, and notification to ED, of such actions, events, or conditions could result in ED recalculating our composite score and/or requiring us to submit a letter of credit in an amount to be calculated by ED and agree to other conditions on our Title IV participation, which could have a material adverse effect on the company. In May 2019, we submitted our formal notification to ED regarding the closure of our Norwood, Massachusetts campus. We have not received a response from ED regarding our submission. • The Class Action Bans and Pre-dispute Arbitration Agreements Provisions: The announcement also includes guidance regarding prohibitions in the 2016 Final Regulations on class action bans and pre-dispute arbitration agreements, including implementation of the prohibitions, the types of claims to which the prohibitions do not apply, and the deadlines for submitting to ED copies of certain arbitral and judicial records in connection with certain proceedings concerning borrower defense claims. • Repayment Rate Disclosures: The guidance indicates that institutions will be notified at a later date about when and how they must provide repayment rate warnings to students in the future and of any changes to the content of the warning. ED also stated that institutions do not need to provide disclosures to enrolled and prospective students regarding the occurrence of financial actions, events or conditions until further notice from ED. ED published a notice of proposed rulemaking on July 31, 2018 that included proposed regulations for public comment that would modify the existing defense to repayment regulations, but has not issued final regulations. See “Regulatory Environment - Defense to Repayment Regulations” in our 2018 Annual Report on Form 10-K filed with the SEC on November 30, 2018. We cannot provide any assurances as to the timing, content or ultimate effective date of any such regulations. Closed School Loan Discharges . ED regulations state that ED may discharge a borrower’s obligation to repay certain Title IV loans if the borrower (or the student on whose behalf a parent borrowed) did not complete the program of study for which the loan was made because the campus at which the borrower (or student) was enrolled closed. The borrower may qualify for a discharge by submitting a request to ED and meeting specific requirements in the regulations. Borrowers generally may qualify for a discharge if they were enrolled at the campus at the time it closed, or if they were enrolled not more than 120 days before the campus closed, and if they did not complete their educational program through a teach-out at another school or by transferring academic credits earned at the closed school to another school. ED has the authority to extend the 120-day period for extenuating circumstances. If ED discharges the loans, ED may seek to recover from the school or other related parties the amount of loans discharged and to impose other liabilities and penalties. Consequently, if we close a campus, ED could discharge borrower obligations to repay certain Title IV loans in connection with loans received by all students enrolled in the campus at the time of its closure and by all students who withdrew from the campus120 days (or a longer period established by ED) prior to the closure and seek to recover the amount of the discharged loans and other liabilities and penalties. We may be able to mitigate these losses by conducting or arranging for an orderly teach-out of students at a closed campus, but these efforts could be unsuccessful if students decline to participate in the teach-out or transfer their credits to another school or if they fail to complete their programs. ED published a notice of proposed rulemaking on July 31, 2018 that included proposed regulations on a variety of topics, including amendments to regulations related to the discharge of student loans based on the school’s closure or a false claim of high school completion under certain circumstances, but has not published final regulations on this topic. We cannot provide any assurances as to the timing, content or ultimate effective date of any such regulations. See “Regulation of Federal Student Financial Aid Programs - Defense to Repayment Regulations” in our 2018 Annual Report on Form 10-K filed with the SEC on November 30, 2018. On February 18, 2019, we announced that our campus in Norwood, Massachusetts is no longer accepting new student applications, and its last class group of students started on March 18, 2019. The campus is expected to close in the fall of 2020. We intend to teach out all of the students currently enrolled at the campus although certain students may elect to withdraw before graduation and we cannot predict the number of any students who might withdraw prior to the closure of the campus and potentially qualify for a loan discharge. |