CSPEN BREAKING NEWS: Senate Parliamentarian Rules 90/10 Provision Is In Order
March 2, 2021
90/10 Rule Passes “Byrd Bath”
Remains INCLUDED In Senate Democrats Budget Reconciliation Bill
Late yesterday evening the Senate Parliamentarian, ruled that the language requiring modification of revenue requirements for proprietary institutions of higher education passed all six tests to be included in the Budget Reconciliation bill Senate Democrats plan to introduce sometime later today or tomorrow at the latest. The news that the 90/10 provision passes the “Byrd Bath” – process of parliamentary review – is a major setback for the students of all walks of life that choose to enroll in our community.
Without removal or amendment, the language identical to the provision contained in the House version of the FY21 Budget Reconciliation bill will result in the loss of access for tens of thousands of our nation’s most economically-challenged individuals, workers looking to advance in their chosen career pathway, and our nation’s active duty military, reservists, and veterans.
Given the recently ruling, our community must now work diligently to find one or more Democrats to oppose its inclusion, despite the Parliamentarian’s ruling, and/or attempt to modify the provision in ways to make it more equitable for the community to comply with the significant changes. Possibilities include, but are not limited to, defining “Federal education assistance funds”, establishing a transitional period to enable institutions to make changes necessary to come into compliance with the modified provision, removal of certain groups of student populations from the calculation (e.g. military and veterans), requiring that the provisions undergo Federal Negotiated Rulemaking prior to implementation, or others.
The entire community has, and continues to reach out to all Senate offices seeking their assistance in efforts to either remove or revise this provision. More to follow later today or tomorrow.