POST Act of 2017

Protecting Our Students and Taxpayers Act of 2017 or the POST Act of 2017

This bill amends the Higher Education Act of 1965 (HEA) to modify requirements for a proprietary (i.e., for-profit) institution of higher education (IHE) to participate in title IV (Student Assistance) federal student aid programs.

Current law requires a proprietary IHE to derive at least 10% of its revenue from sources other than title IV federal student aid. This legislation requires a proprietary IHE to derive at least 15% of its revenue from sources other than federal funds (i.e., it replaces the so-called 90/10 rule with an 85/15 rule). It defines federal funds to mean title IV federal student aid, as well as education benefits for military personnel and veterans.

Additionally, the bill limits what a proprietary institution may treat as revenue to the school in calculating whether it derives at least 15% of its revenue from sources other than federal funds.

Finally, the bill moves the 85/15 rule from title IV to title I (General Provisions) of the HEA, making compliance a condition of institutional eligibility to participate in title IV federal student aid programs (i.e., failure to comply results in immediate loss of institutional eligibility). Currently, a proprietary IHE must violate the rule for two consecutive years before losing eligibility for title IV programs.