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May 13, 2004 |
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FROM: |
KAY COLES JAMES
Director
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Subject: |
Strengthening Oversight of the Use of Diploma Mill
Credentials in Federal Employment
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I have written to you on three occasions during the past year addressing the
critical issues surrounding the use of credentials from so-called "diploma
mills." There is also keen Congressional interest in this issue, especially
by the Senate Committee on Governmental Affairs, under the leadership of Chairman
Susan Collins, which held a hearing on this subject on May 11 and 12. At her
request and that of Congressman Tom Davis, Chairman of the House Committee on
Governmental Reform, the General Accounting Office has recently completed an
investigation of how these phony degrees are used in Federal employment. This
investigation revealed that some agencies are paying for their employees to
receive bogus degrees from diploma mills. I appreciate the strong leadership
and assistance both Senator Collins and Representative Davis have provided on
this issue. Their efforts highlight the fact that this issue is of central importance
to the entire Government, and one that requires the cooperative vigilance of
both the executive and legislative branches to maintain the integrity of the
civil service.
Diploma mills are non-traditional schools that are not accredited by accrediting
institutions recognized by the Department of Education (DoED). They generally
award degrees or certificates with little or no course work completed by the
student. These institutions often award degrees based largely on an assessment
of the student's life experience or cash payments and may translate those experiences
into fraudulent curriculum transcripts, giving a false impression of a structured
curriculum. In addition, some organizations simply sell counterfeit degrees,
which would also fall into this category.
Our position is clear: there is no place in Federal employment for degrees
or credentials from diploma mills. They may not be used to qualify for Federal
jobs or salaries; you may not send employees to diploma mills for degree training
or for any other form of education; you may not reimburse employees for tuition
associated with these schools; you may not use your authority to repay student
loans if the degree is from a diploma mill.
The Office of Personnel Management (OPM) has completed a review of the applicable
statutes, regulations, policy documents, public information and forms within
its jurisdiction to determine how we can strengthen and clarify how agencies,
employees and applicants can become better informed of the issues relating to
diploma mills. The review included OPM policies related to paying for academic
degrees directly or through tuition reimbursement, repayment of student loans,
employee training, higher education required to meet position qualification
requirements, and the use of advanced education in the applicant ranking process.
Further, we reviewed all forms and instructions where this issue might surface.
Finally, OPM has reviewed the background investigation process as it relates
to verification of education claims and the standards for adjudicating investigations
when bogus degrees were identified.
Four distinct categories of higher education were identified:
Conventional/Accredited: Degree-granting schools that are
accredited by accrediting institutions recognized by the Secretary of Education.
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Non-Accredited/Pending Accreditation: Schools that are not
accredited by an accrediting institution recognized by DoED; but offer a
curriculum for advanced learning similar to a conventional/accredited institution
which enhance an individual's knowledge, skills and abilities for a position;
and are in the process of seeking accreditation from an organization recognized
by DoED and have received "pre-accreditation" or "candidate
for accreditation" status.
These schools are not accredited by an accrediting institution recognized by
DoED but are in the process of seeking accreditation from an organization recognized
by DoED and have received "pre-accreditation" or "candidate for
accreditation" status. Based on information from the Office of the Assistant
Secretary for Postsecondary Education, DoED, reaching this step in the accreditation
process requires substantial review and a rigorous test, and that most schools
reaching this position are accredited. Such schools must establish that their
resources, facilities, financial conditions, faculty, and courses of study are
rigorous and legitimate.
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Non-Accredited/Other: Schools that generally have a traditional
curriculum but have chosen not to seek accreditation and thus do not qualify
under criteria 1 or 2. In addition, foreign institutions that offer courses
of study comparable to institutions accredited by organizations recognized
by DoED fall in this group. These institutions may be accredited by appropriate
organizations in their home country, but not by organizations recognized
by DoED.
OPM does not have the statutory authority, mission or capability of evaluating
the quality of these programs. Without a fair and objective process to determine
if the programs offered by these schools are equivalent to those that are fully
accredited, or have received "pre-accreditation" or "candidate
for accreditation" status, the human resources staff of the Executive Branch
agencies cannot evaluate this education and determine whether it is qualifying
for Federal employment purposes. Because we cannot evaluate these programs,
at this time we are not in a position to determine whether training or education
from "Non-Accredited/Other" schools meets the requirements set forth
in law, regulation or policy for many of the activities described in this memorandum.
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Non-Qualifying: Non-traditional schools that are not accredited
by accrediting institutions recognized by the Secretary of Education and
that may award degrees or certificates with little or no course work completed
by the student. These institutions often award degrees based largely on
an assessment of the student's life experience or cash payments and may
translate those experiences into fraudulent curriculum transcripts, giving
a false impression of a structured curriculum. Education is considered Non-Qualifying
if it is determined that it is not equivalent in content to Conventional/Accredited
higher education programs. This group includes diploma mills and organizations
that simply sell counterfeit degrees, which would also fall into this category.
Schools determined to be Non-Qualifying may or may not operate legally depending
on State laws and their forming charter. In some instances, legal action has
been taken to force these institutions out of operation and schools have been
designated as "diploma mills."
Based on the four categories of higher education defined (Conventional/Accredited,
Non-Accredited/Pending Accreditation, Non-Accredited/Other, and Non-Qualifying),
the applicability of each category to the following activities is explained
below.
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Activity
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Consideration For
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Conventional Accredited
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Non-Accredited/ Pending Accreditation
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Non-Accredited/Other
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Non-Qualifying (includes Diploma Mills)
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Student Loan Repayment
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Pay
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Yes
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No
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No
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No
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Academic Degree Training Program
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Training
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Yes
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No
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No
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No
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Tuition Reimbursement or Employee Training
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Training
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Yes
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Yes
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Yes
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No
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Position Qualification Requirements (including Student Educational Employment
Programs (SEEP))
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Qualification
(Eligibility for SEEP)
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Yes
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Yes
(No for SEEP)
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No
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No
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Student Loan Repayment
Pursuant to 5 U.S.C. 4107 and 5379, OPM's policy limits student loan repayment
to colleges and universities that are accredited by nationally recognized bodies
(i.e., Conventional/Accredited).
Academic Degree Training Programs
Pursuant to 5 U.S.C. 4107, OPM's policy limits sending employees for degree
training to colleges and universities that are accredited by nationally recognized
bodies (i.e., Conventional/Accredited).
Employee Training/Training Reimbursement
Employee training is not specifically limited to Conventional/Accredited schools.
5 CFR 410.601 states only that the agency head shall evaluate training to determine
how well it meets short and long range program needs by occupations, organizations,
or other appropriate groups. The agency head may conduct the evaluation in the
manner and frequency he or she considers appropriate. Consequently, training
may be obtained from Non-Accredited/Pending Accreditation and Non-Accredited/Other
schools if the training content meets the agency program needs. An agency may
reimburse employees for all or part of the costs of the training or education.
(5 USC 4109 (a)(2))
Education To Meet Qualification Requirements
Under OPM's Operating Manual, "Qualification Standards for General Schedule
Positions," Section 4, education from degree-granting schools that are
accredited by accrediting institutions recognized by the Secretary of Education
satisfies degree or education requirements.
Degrees obtained from Non-Accredited/Pending Accreditation institutions may
suffice if certain provisions are met. First, the school must fully meet the
definition of Non-Accredited/Pending Accreditation. Employees or applicants
can be required to provide written documentation of a school's status before
the agency makes a judgment as to whether education is qualifying. This ensures
that the course work is equivalent to conventional higher education programs
of U.S. institutions.
OPM's education policy also details the provisions for assessing credits given
for life experience under Other Education. The college or university must identify
the course work area(s) or course(s) for which credit was given, and there must
be a direct link between credit given and the course objective or syllabus.
Life experience credit for courses that are not identified in the school's course
catalog as part of the school's curriculum is not acceptable, unless the college
or university is giving credit for course work that is a prerequisite for more
advanced courses included in its curriculum.
OPM is revising and will issue changes to its handbooks, public information,
and forms to clarify these issues. We are consulting with interested parties
in this process. You will see changes in the following:
POLICY GUIDANCE
Delegated Examining Operations Handbook
OPM Operating Manual, "Qualification Standards for General Schedule Positions"
Training Policy Handbook (OPM web site)
HR Flexibilities (OPM web site)
Enterprise Human Resources Integration (EHRI) Initiative Training Data Elements
INV-020 - Questions and Answers About Background Investigations
OPM-CONTROLLED FORMS (Subject to publication and notice periods)
OF 612 - Optional Application for Federal Employment
OPM Form 1300 - Presidential Management Fellow Application
Standard Forms (SF) 85/85P/86 - Questionnaire for Non-Sensitive/Public Trust/National
Security Position
OF 510 - Applying for a Federal Job
IS-15 - Requesting OPM Personnel Investigations
INV Form 43 - Investigation Request for Educational Registrar and Dean of Students
Record Data
ADVICE TO THE PUBLIC AND FEDERAL AGENCIES
OPM.GOV
USAJOBS - Resume and Vacancy Announcement Builder
Resume Builder
VACANCY ANNOUNCEMENT BUILDER
Educational and Training Provisions or Requirements Fact Sheet
Your Department or Agency should ensure that it is following this guidance
immediately. If you have any questions, please have your Chief Human Capital
Officer contact the Human Capital Leadership and Merit System Accountability
Division Deputy Associate Director assigned to your agency. OPM presented a
half-day seminar on these issues on May 5 and 7. If there is sufficient interest,
we will be happy to present additional seminars, in Washington, DC or, in coordination
with you, at sites outside of Washington where sufficient attendance will be
available.
| cc: |
Chief Human Capital Officers
Human Resources Directors
Personnel Security Directors |
