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It focuses on preventing false certification abuses and ensuring quality training that leads to in-demand occupations. 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\nDate:February 11,2022  \nTo:  U.S.Department of Education  \nFrom:Jessica Ranucci and Johnson Tyler,Negotiators for Legal Assistance Organizations ThatRepresent Consumers  \nRe:  Issue Paper 1-Ability to Benefit  \nWe appreciate that the Department is seeking to establish minimum standards and certificationprocedures for eligible career pathway programs(“ECP Programs”)offered by institutions tostudents who lack a high school diploma or equivalent.In order to ensure that these students areprotected from false certification abuses and are offered high-quality programs that provide thetraining necessary to succeed in specific in-demand occupations,we propose the followingmodifications to the Department's most recent proposal.  \n1)Require Training from Adult Education Providers that Offer Valid High SchoolDiplomas or GEDs:To avoid the fraudulent use of bogus high schools.we proposethat the Secretary require that the component ofan ECP Program that must enable anATB student to obtain a high school diploma or equivalent be provided by a publicsecondary school,a regionally accredited secondary school,or an adult education andliteracy provider eligible under 34 CFR §463.1,or a secondary school recognized asproviding a valid high school diploma or its equivalent by the state or a public schooldistrict in which the student resides.These requirements should apply to all threeeligibility processes provided for in proposed 34 C.F.R.§668.32.  \n2)ECP Program Must Be an Integrated Education and Training Program:In order toensure that students receive targeted,high-quality training that will lead to an in-demand occupation,as intended by Congress,we support the February 1,2022proposal of David Socolow to limit ATB eligibility to programs that providecoordinated Workforce and Innovation and Opportunity Act of 2014(WIOA)Title Ⅱand Higher Education Act(HEA)Title IV Partnership coursework within anIntegrated Education and Training(IET)program.These requirements should applyto all three eligibility processes in proposed 34 C.F.R.§668.32.  \n3)Same ECP Program Requirements Should Apply Regardless of Approval Process:Proposed §668.1157(b)should be clarified to state that the Department shall applythe standards in§668.157(a)to verify the eligibility of ECP Programs that do notenroll students through a state-approved process.  \nIntroduction  \nFrom the 1980s through July 1,2012,many for-profit institutions engaged in aggressive schemesto falsely certify the ability-to-benefit (ATB)of thousands of students without high schooldiplomas in order to maximize Title IV revenues.The Department has extensive evidence ofcommon fraudulent schemes,including(1)faking ATB test results;(2)providing test answers tostudents;and (3)permitting students to retake a test multiple times until they pass.After July 1,2012,when Congress repealed the ATB eligibility provision,many institutions found fraudulentmeans to continue to falsely certify these students.They often(1)stated on students'electronicFAFSAs,without their knowledge,that the students had a high school diploma or GED when infact they did not or(2)facilitated the provision of invalid high school diplomas while falselyrepresenting that these diplomas were valid to both the government and the students.²  \nThe ATB provision was reenacted in modified form as of July 1,2014.It includes a newrequirement that ATB students be concurrently enrolled in narrowly defined ECP Programs.Despite the well-documented history demonstrating the for-profit institutions'ability to adapttheir fraudulent ATB schemes to changing legal requirements,the Department has allowedinstitutions to offer ECP Programs with no oversight or minimum standards for over seven years.As a result,legal aid organizations are starting to see for-profit college abuses.  \nA legal aid client in Los Angeles,Ernesto Alvarez,³never finished high school or earned a GED.Starting when he was 29 years old,Mr.Alvarez attempted on two separate occasions,in 2011and","cbCaisUfMUQmTVX6","https://ap.wps.com/l/cbCaisUfMUQmTVX6","pdf",1831883,31,"English","# Introduction\n## Proposed modifications to ECP Program standards\n### Adult education providers for diplomas or GEDs\n### Integrated Education and Training program requirement\n### Same requirements across approval processes","[{\"question\":\"Why does the memo propose changes to ATB and ECP program standards?\",\"answer\":\"To establish minimum standards and certification procedures that protect ATB students from false certification abuses and ensure they receive high-quality training for in-demand occupations.\"},{\"question\":\"What requirement does the memo propose for the high school diploma or GED component?\",\"answer\":\"The component enabling an ATB student to obtain a diploma or equivalent must be provided by a public secondary school, a regionally accredited secondary school, or an eligible adult education and literacy provider under 34 CFR §463.1 (or a state-recognized provider).\"},{\"question\":\"How should ECP programs be structured to meet the memo’s integration requirement?\",\"answer\":\"The memo supports limiting ATB eligibility to ECP programs that provide coordinated Workforce and Innovation and Opportunity Act (WIOA) Title II and Higher Education Act (HEA) Title IV partnership coursework within an Integrated Education and Training (IET) program.\"}]","Issue Paper 1 - Ability to Benefit | PDF",78]