1.This Act may be cited as
the GI Educational Freedom Act of
2012
.
2.Requirement for
provision of educational counseling to individuals before such individuals
receive educational assistance provided under laws administered by Secretary of
Veterans Affairs
(a)Section 3697A of title 38, United States Code, is
amended—
(1)by redesignating
subsections (c) through (e) as subsections (d) through (f), respectively;
and
(2)by inserting
after subsection (b) the following new subsection (c):
(c)(1)Except as provided in
paragraph (2), in the case of an individual described in subsection (b)(1), the
counseling services described in subsection (a) shall be required to be
provided to the individual before the individual receives the educational
assistance described in such subsection.
(2)The requirement to provide counseling
services under paragraph (1) shall not apply with respect to an individual
described in such paragraph who communicates to the Secretary, before receiving
educational assistance described in such paragraph, that the individual
declines the counseling services provided under such paragraph.
(3)For each individual to whom the
Secretary provides counseling services under paragraph (1), the Secretary shall
provide to the individual, as part of such services and to the degree that
information necessary to carry out this paragraph is available to the
Secretary, the following:
(A)An explanation of the different types
of accreditation and State certification and licensure available to educational
institutions and programs of education and a discussion of how such
accreditation, certification, and licensure can be important for meeting
preconditions of employment.
(B)A discussion of how the various
policies of educational institutions regarding the transfer of academic credit
can affect the individual and what kinds of issues are commonly encountered by
students trying to transfer academic credit.
(C)An overview of Federal student aid
programs, the implications of incurring student loan debt, and discussion of
how receipt of Federal student aid can enable a student to complete a program
of education without incurring significant educational debt.
(D)A comprehensive assessment of the type
and amount of educational assistance available to the individual under Federal
law and under the laws of the State in which the individual resides and of any
other State of the individual's choosing.
(E)If the individual has not developed an
academic plan, a discussion about the importance of developing an academic
plan.
(F)A comprehensive list of educational
institutions located in the State in which the individual resides and in any
other State of the individual's choosing.
(G)For each educational institution
listed under subparagraph (F), the following information, if available, in a
format that allows for easy comparison of educational institutions:
(i)Whether financial assistance is
available to a student enrolled in a program of education at the educational
institution under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070
et seq.).
(ii)The number of veterans enrolled in
a program of education at the educational institution who received educational
assistance under a law administered by the Secretary in the most recently
completed academic year.
(iii)A list of—
(I)academic and student support services
provided by the educational institution to students enrolled in programs of
education at the educational institution, including job placement and career
counseling services; and
(II)special services or benefits currently
provided by the educational institution that address the unique needs of
veterans.
(iv)With respect to the three-year
period ending at the end of the most recently completed academic year, the
median amount of student loan debt held upon completion of a program of
education at the educational institution by veterans described in clause
(ii).
(v)The cohort default rate, as defined
in section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)), of
the educational institution.
(vi)With respect to the three-year
period ending at the end of the most recently completed academic year—
(I)the average number of veterans who
received a degree from the educational institution for completing a program of
education;
(II)the average number of people who
received a degree from the educational institution for completing a program of
education;
(III)the average number of veterans enrolled
in programs of education at the educational institution; and
(IV)the average number of people enrolled in
programs of education at the educational institution.
(vii)In the case of an educational
institution that offers a program of education designed to prepare people for a
State licensure exam, the percentage of such students who take and pass such
exam.
(viii)For each program of education at
the educational institution, the average amount of tuition and fees the
educational institution charges a student for completing the program of
education within normal time (as defined in section 668.41(a) of title 34, Code
of Federal Regulations (or any corresponding similar regulation or ruling)),
the typical costs for books and supplies (unless those costs are included as
part of tuition and fees), and the cost of room and board, if applicable, and a
calculation of how much of such costs can be covered by educational assistance
available to the individual under laws administered by the Secretary.
(ix)A description of the status of the
accreditation of the educational institution and each program of education
offered by the educational institution and a discussion of the significance of
such status.
(x)The median, for all veterans
described in subsection (b)(1) who complete a program of education at the
education institution that is an eligible program of training to prepare
students for gainful employment in a recognized occupation (as described in
section 102(b)(1)(A)(i) of the Higher Education Act of 1965 (20 U.S.C.
1002(b)(1)(A)(i))), of the duration of each period beginning on the date on
which a veteran completes a program of education at the educational institution
and the date on which the veteran first obtains employment after completing
such program.
(xi)The median, for all people who
complete a program of education at the education institution that is an
eligible program of training to prepare students for gainful employment in a
recognized occupation (as described in section 102(b)(1)(A)(i) of the Higher
Education Act of 1965 (20 U.S.C. 1002(b)(1)(A)(i))), of the duration of each
period beginning on the date on which a person completes a program of education
at the educational institution and the date on which the person first obtains
employment after completing such program.
(xii)The percentages of veterans and
the percentages of people enrolled in programs of education at the educational
institution who obtain a degree or certificate within—
(I)the normal time for completion of, or
graduate from, the veteran's or person's program, as the case may be;
(II)150 percent of the normal time for
completion of, or graduation from, the veteran's or person's program, as the
case may be; and
(III)200 percent of the normal time for
completion of, or graduation from, the veteran's or person's program, as the
case may be.
(xiii)The number of students enrolled
in a program of education at the educational institution and the number of such
students who submit a complaint to the Secretary under section 3693A(a) of this
title.
(xiv)Whether the educational
institution has been reported by a Federal or State agency or a nationally or
regionally recognized accrediting agency or association as failing to comply
with, or has a significant risk of failing to comply with, a provision of title
IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
(xv)A description of the topics or
subjects of the most numerous complaints filed during the most recent
three-year period under section 3693A of this title with respect to the
educational institution.
(xvi)With respect to each of clauses
(i) through (xiv), how the educational institution compares with other
educational institutions as follows:
(I)If the educational institution is a
four-year educational institution, how the educational institution compares
with the average of all four-year educational institutions.
(II)If the educational institution is a
two-year educational institution, how the educational institution compares with
the average of all two-year educational institutions.
(III)If the educational institution is a
less than two-year educational institution, how the educational institution
compares with the average of all less than two-year educational
institutions.
(xvii)Such other information as the
Secretary considers appropriate to assist the individual in selecting an
educational institution or training establishment as described in subsection
(a)(1).
(4)The Secretary may obtain such
information as the Secretary requires to carry paragraph (3) from the Secretary
of Education, the Secretary of Defense, and the heads of such other Federal
agencies as the Secretary considers appropriate.
(5)The Secretary shall make available to
the public on an Internet website such information provided under paragraph (3)
as the Secretary considers appropriate.
(6)Making information available under
paragraphs (3) and (5) shall not be required in a case in which the number of
students in a category is insufficient to yield statistically reliable
information or the results would reveal personally identifiable information
about a
student.
.
(b)Subsection (a) shall take effect on the date that is one
year after the date of the enactment of this Act and subsection (c) of section
3697A of such title, as added by such subsection, shall apply with respect to
individuals who apply for educational assistance described in subsection (b)(1)
of such section on or after such date.
3.Repeal of
limitation on payments for contract educational and vocational counseling
provided by Secretary of Veterans AffairsSection 3697 of title 38, United States
Code, is amended—
(1)by striking subsection (b); and
(2)in subsection
(a), by striking (a) Subject to subsection (b) of this section,
educational
and inserting Educational
.
4.Veterans'
education consumer complaint tracking system
(a)Chapter 36 of title 38, United States Code, is amended by
inserting after section 3693 the following new section:
3693A.Complaint
tracking system
(a)Not later than 180 days after the date of
the enactment of this section, the Secretary shall establish a system to
collect, process, and track complaints submitted to the Secretary by
individuals who are enrolled in programs of education at educational
institutions to report instances of fraud, waste, and abuse by such
institutions with respect to the benefits and services provided by such
institutions to such individuals.
(b)This system established under subsection
(a) shall meet the following requirements:
(1)The system shall
create an individual case number for each complaint processed and tracked in
the system.
(2)The system shall
allow for the reporting of complaints, disaggregated by educational
institution.
(3)The system shall
allow for the reporting of complaints, disaggregated by topic or subject
matter.
(4)The system shall
allow for the submittal of complaints by—
(A)Internet website;
and
(B)telephone via a
toll-free number that is available every day at all hours.
(5)The system shall
allow for the sharing of complaints with the following:
(A)The educational
institutions that are the subjects of the complaints.
(B)The Secretary of
Education.
(C)The Secretary of
Defense.
(D)State approving
agencies.
(E)Nationally or
regionally recognized accrediting agencies and associations.
(F)Such other
Federal agencies as the Secretary of Veterans Affairs considers
appropriate.
(c)The
Secretary shall conduct such outreach as may be necessary to inform individuals
described in subsection (a) of the system and process established under such
subsection.
(d)Consideration
by State approving agenciesWhenever a State approving agency
considers whether to approve a course of education of an educational
institution under this chapter, the State approving agency shall review and
take into consideration the complaints processed and tracked by the system
established under subsection (a) regarding the educational institution.
(e)(1)Whenever a complaint is
shared under subsection (b)(5), the complaint shall be anonymized, unless the
complainant gives permission to the Secretary to share the complainant's
identity.
(2)The Secretary may not share a
complaint under subsection (b)(5) with an educational institution if the
complainant requests that such complaint not be shared with an educational
institution.
.
(b)The table of sections at the beginning of chapter 36 of
such title is amended by inserting after the item relating to section 3693 the
following new item:
3693A. Complaint tracking
system.
.