Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
American Council on Education
Employer identification number
53-0196573
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) a person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the the supported organization?
................
11g(i)
(ii)
a family member of a person described in (i) above?
......................
11g(ii)
(iii)
a 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of support?
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 2
Part II
Support Schedule for Organizations Described in IRC 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3..
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
6
Public Support. Subtract line 5 from line 4.
Section B. Total Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
7
Amounts from line 4..
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
11
Total support (Add lines 7 through 10).
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
13
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here..........................................
Section C. Computation of Public Support Percentage
14
Public Support Percentage for 2010 (line 6 column (f) divided by line 11 column (f))
.........
14
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2010.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
......................
b
33 1/3% support test—2009.
If the organization did not check the box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2010.
If the organization did not check a box on line 13, 16a, or 16b and line 14
is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported
organization
..................................................
b
10%-facts-and-circumstances test—2009.
If the organization did not check a box on line 13, 16a, 16b, or 17a and line
15 is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported organization
..............................................
18
Private Foundation
If the organization did not check a box on line 13, 16a, 16b, 17a or 17b, check this box and see
instructions
...................................................
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 3
Part III
Support Schedule for Organizations Described in IRC 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
33,639,716
26,661,435
33,168,594
27,209,221
32,336,742
153,015,708
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
16,169,666
19,214,079
19,497,552
23,634,652
26,831,961
105,347,910
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
49,809,382
45,875,514
52,666,146
50,843,873
59,168,703
258,363,618
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
c
Add lines 7a and 7b..
8
Public Support (Subtract line 7c from line 6.)
258,363,618
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
9
Amounts from line 6...
49,809,382
45,875,514
52,666,146
50,843,873
59,168,703
258,363,618
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
8,384,803
7,301,447
7,003,142
1,936,660
1,137,777
25,763,829
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
8,384,803
7,301,447
7,003,142
1,936,660
1,137,777
25,763,829
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
13
Total support (Add lines 9, 10c, 11 and 12.).
58,194,185
53,176,961
59,669,288
52,780,533
60,306,480
284,127,447
14
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public Support Percentage for 2010 (line 8 column (f) divided by line 13 column (f))
.........
15
90.932 %
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
89.039 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
9.068 %
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
10.906 %
19a
33 1/3% support tests—2010.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3% and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
..........
b
33 1/3% support tests—2009.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
....
20
Private Foundation
If the organization did not check a box on line 14, 19a or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 4
Part IV
Supplemental Information.
Supplemental Information. Complete this part to provide the explanation required by Part II, line 10; Part II, line 17a or 17b; or Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Schedule A (Form 990 or 990-EZ) 2010
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
American Council on Education
Employer identification number
53-0196573
Identifier
Return Reference
Explanation
OTHER PROGRAM SERVICES
FORM 990, PART III, LINE 4D
BUILDING OPERATIONS AND OTHER ANCILLARY SERVICES - ACE OWNS AND OPERATES THE NATIONAL CENTER FOR HIGHER EDUCATION LOCATED AT ONE DUPONT CIRCLE NW, WASHINGTON, DC. THROUGH ITS FACILITIES AND OFFICE SERVICES DEPARTMENT (FOS), ACE HOUSES SIXTEEN MEMBER ORGANIZATIONS AND THREE COMMERCIAL TENANTS, AND MANAGES ACCESS AND SECURITY OF THE BUILDING, PARKING GARAGE MAINTENANCE AND UP KEEP, CONFERENCE ROOM COORDINATION, AND OTHER DAY-TO-DAY OPERATIONS AND MAINTENANCE OF THE FACILITY. ACE'S PROCUREMENT AND DOCUMENT SOLUTIONS CENTER (PDSC) PROVIDES SERVICES TO ACE AND MORE THAN TWENTY EXTERNAL ORGANIZATIONS LOCATED AT OR NEAR THE NCHE BUILDING. THESE SERVICES INCLUDE PRINTING, MAILING, DUPLICATING, DOCUMENT IMAGING, PROCUREMENT, TELECOMMUNICATIONS, PUBLICATION STORAGE AND FULFILLMENT, AND SHIPPING. POLICY ANALYSIS AND RESEARCH - CONDUCTS RESEARCH AND CONVENES RESEARCHERS AND POLICY MAKERS TO STUDY ISSUES OF INTEREST TO THE HIGHER EDUCATION COMMUNITY. CURRENT ACTIVITIES OF THE CENTER FOCUS ON STUDENT FINANCIAL AID, DEMOGRAPHIC TRENDS IN HIGHER EDUCATION, ACADEMIC PREPARATION FOR COLLEGE, AND THE COLLEGE PRESIDENCY, AMONG OTHER TOPICS.
MEMBERS
FORM 990, PART VI, SECTION A, LINE 6 AND LINE 7A
THE COUNCIL SHALL HAVE FOUR CLASSES OF VOTING MEMBERS (NATIONAL ASSOCIATION MEMBERS, INSTITUTIONAL MEMBERS, ORGANIZATIONAL MEMBERS, AND AFFILIATE MEMBERS). ACE MAINTAINS A MEMBERSHIP OF 1,800 INSTITUTIONS AND MEMBERSHIP IS A PREREQUISITE TO SERVING ON ACE'S BOARD. AT ITS ANNUAL MEETING, THE GENERAL MEMBERSHIP OF ACE VOTES ON A SLATE OF NOMINEES TO THE BOARD OF DIRECTORS.
990 REVIEW PROCESS
FORM 990, PART VI, SECTION B, LINE 11
A DRAFT VERSION OF INTERNAL REVENUE SERVICE (IRS) FORMS 990 AND 990-T ARE INITIALLY CIRCULATED AMONG ACE'S ENTIRE BOARD PRIOR TO THE SPRING MEETING OF THE BOARD OF DIRECTORS. THE PURPOSE OF MAKING THE FORMS AVAILABLE TO THE ENTIRE BOARD MEMBERSHIP IS TO SOLICIT QUESTIONS AND/OR SUGGESTIONS FOR IMPROVEMENTS TO THE DRAFT. ACE'S CHIEF FINANCIAL OFFICER (CFO) COMPILES ALL COMMENTS RECEIVED FROM THE BOARD AND RESOLVES THOSE MATTERS PRIOR TO THE BOARD MEETING. ACE'S AUDIT COMMITTEE OF THE BOARD OF DIRECTORS IS CHARGED WITH COMPLIANCE OVERSIGHT, INCLUDING THE ACCURATE AND TIMELY FILING OF FORMS 990 AND 990-T. THE AUDIT COMMITTEE ALSO PERIODICALLY RECEIVES UPDATES CONCERNING CHANGES TO THE FORMS PROMULGATED BY THE IRS. PRIOR TO FILING THE FORMS, THE COMMITTEE RECEIVES A REPORT FROM THE CFO DESCRIBING ANY QUESTIONS OR COMMENTS THAT HAVE BEEN CLEARED PRIOR TO THE BOARD MEETING. BARRING ANY ADDITIONAL QUESTIONS OR CONCERNS ARISING DURING THE COMMITTEE'S MEETING, APPROVAL TO FILE THE INFORMATION RETURNS IS VOTED UPON BY THE COMMITTEE'S MEMBERS.
CONFLICT OF INTEREST
FORM 990, PART VI, SECTION B, LINE 12C
ALL RESPONSES TO CONFLICT OF INTEREST QUESTIONNAIRES ARE RECEIVED BY GENERAL COUNSEL. ANY QUESTIONS ARE ADDRESSED AND RESOLVED. ANY OUTSIDE BUSINESS RELATIONSHIPS WITH BUSINESSES DOING BUSINESS WITH ACE ARE DISCLOSED TO BOARD AUDIT COMMITTEE. IN THE EVENT ANY CONFLICT IS IDENTIFIED, THE AUDIT COMMITTEE MAY APPOINT A DISINTERESTED PERSON OR COMMITTEE TO INVESTIGATE ALTERNATIVES TO THE TRANSACTION. THE AUDIT COMMITTEE SHALL DETERMINE WHETHER ACE CAN FIND A MORE ADVANTAGEOUS TRANSACTION ACTION THAT WOULD NOT GIVE RISE TO A CONFLICT OF INTEREST. IF THE AUDIT COMMITTEE BY MAJORITY VOTE OF DISINTERESTED MEMBERS DETERMINES A MORE ADVANTAGEOUS TRANSACTION NOT PRESENTING A CONFLICT OF INTEREST IS NOT REASONABLY POSSIBLE AND THAT THE TRANSACTION IS IN ACE'S BEST INTERESTS AND IS FAIR AND REASONABLE, THE AUDIT COMMITTEE MAY DETERMINE TO ENTER OR CONTINUE THE TRANSACTION OR ARRANGEMENT. THE INDIVIDUAL WOULD BE PROHIBITED FROM PARTICIPATING IN THE GOVERNING BODY'S DELIBERATIONS AND DECISIONS IN THE TRANSACTION.
COMPENSATION REVIEW FOR TOP MANAGEMENT OFFICIAL
FORM 990, PART VI, SECTION B, LINE 15A
BEGINNING IN THE SPRING, ACE'S COMPENSATION COMMITTEE, THROUGH THE ASSISTANT VICE PRESIDENT OF HUMAN RESOURCES, WILL OBTAIN COMPARABILITY DATA TO SUPPORT SALARY ADJUSTMENTS THAT WILL BECOME EFFECTIVE FOR THE FISCAL YEAR BEGINNING OCTOBER 1. AS HAS BEEN PAST PRACTICE, ASSISTANT VICE PRESIDENT FOR HUMAN RESOURCES OBTAINS A COMPENSATION REPORT FROM AN INDEPENDENT COMPENSATION CONSULTANT, PROVIDING COMPARABILITY DATA FOR THE PRESIDENT BASED ON THE DATA AVAILABLE FOR SIMILAR POSITIONS IN THE WASHINGTON, DC AREA. THIS DATA IS EXPECTED TO BE COLLECTED EVERY 2 YEARS. THE COMPENSATION COMMITTEE MEETS IN EXECUTIVE SESSION EACH SEPTEMBER. THE BOARD CHAIR RECOMMENDS THE SALARY FOR THE PRESIDENT. THE MATTER WILL BE OPEN FOR DISCUSSION AND VOTE BY THE COMMITTEE, WITH ANY MEMBER OF THE COMMITTEE WITH A CONFLICT OF INTEREST BEING RECUSED FROM THE DISCUSSION AND VOTE ON THE MATTER ON WHICH THE MEMBER HAS A CONFLICT. MINUTES SHOWING DELIBERATION AND DECISION WILL BE TAKEN AT THE MEETING BY THE GENERAL COUNSEL. MINUTES WILL BE PREPARED PROMPTLY AND SHARED WITH THE BOARD SECRETARY FOR REVIEW. AFTER THE BOARD SECRETARY HAS APPROVED THE MINUTES, BUT NO LATER THAN THE NEXT MEETING OF THE EXECUTIVE COMMITTEE (WHETHER SITTING AS THE COMPENSATION COMMITTEE OR THE EXECUTIVE COMMITTEE), THE MINUTES WILL BE SHARED WITH THE COMMITTEE FOR APPROVAL. AFTER THE MINUTES HAVE BEEN APPROVED, THE BOARD SECRETARY SHALL SIGN THE MINUTES, AND THEY WILL BE MAINTAINED BY THE DEPARTMENT OF HUMAN RESOURCES IN THE OFFICIAL FILES OF THE COMPENSATION COMMITTEE. THE PRESIDENT (CEO) - PROCESS LAST UNDERTAKEN IN AUGUST 2009 and August 2011.
COMPENSATION REVIEW FOR OTHER OFFICERS AND KEY EMPLOYEES
FORM 990, PART VI, SECTION B, LINE 15B
BEGINNING IN THE SPRING, ACE'S COMPENSATION COMMITTEE, THROUGH THE ASSISTANT VICE PRESIDENT OF HUMAN RESOURCES, WILL OBTAIN COMPARABILITY DATA TO SUPPORT SALARY ADJUSTMENTS THAT WILL BECOME EFFECTIVE FOR THE FISCAL YEAR BEGINNING OCTOBER 1. AS HAS BEEN PAST PRACTICE, THE ASSISTANT VICE PRESIDENT OBTAINS A COMPENSATION REPORT FROM AN INDEPENDENT COMPENSATION CONSULTANT, PROVIDING COMPARABILITY DATA FOR OTHER OFFICERS AND KEY EMPLOYEES IN SIMILAR POSITIONS IN THE WASHINGTON, DC AREA. THIS DATA IS EXPECTED TO BE COLLECTED EVERY 2 YEARS (OR AS NEEDED) IN THE ODD-NUMBERED YEARS, AND WAS LAST UNDERTAKEN IN AUGUST 2009. THE COMPENSATION PHILOSOPHY IN THE ACE EMPLOYEE HANDBOOK IS THE GUIDING POLICY. EACH SEPTEMBER, THE FOLLOWING INDEPENDENT INDIVIDUALS WILL MEET TO REVIEW THE DATA, ANNUAL PERFORMANCE REVIEW AND PROPOSED SALARY ADJUSTMENT FOR EACH KEY EMPLOYEE: PRESIDENT, ASSISTANT VICE PRESIDENT FOR HUMAN RESOURCES AND THE AREA SENIOR VICE PRESIDENT. (THE ASSISTANT VICE PRESIDENT SHALL NOT BE PRESENT FOR REVIEW OF HER OWN PROPOSED SALARY.) THE ASSISTANT VICE PRESIDENT KEEPS MINUTES OF THE MEETINGS AND RETAINS THEM IN FILES OF THE RELEVANT KEY EMPLOYEE AND IN A FILE OF KEY EMPLOYEE COMPENSATION DECISIONS MAINTAINED BY THE ASSISTANT VICE PRESIDENT FOR AUDIT/GOVERNANCE PURPOSES. THE COUNCIL ALSO PROVIDES THE COMPENSATION COMMITTEE OF THE BOARD WITH AN OPPORTUNITY TO REVIEW LEVELS OF COMPENSATION FOR EACH OF THESE INDIVIDUALS. THE COMPENSATION COMMITTEE APPROVED COMPENSATION LEVELS FOR THE COUNCIL'S OFFICERS AND KEY EMPLOYEES SEPTEMBER 2009 AND DOCUMENTED ITS APPROVAL IN THE MINUTES. OTHER OFFICERS - PROCESS LAST UNDERTAKEN IN AUGUST 2009 and August 2011 SENIOR VICE PRESIDENT, DIVISION OF GOVERNMENT AND PUBLIC AFFAIRS SENIOR VICE PRESIDENT, PROGRAMS AND SERVICES CHIEF FINANCIAL OFFICER, TREASURER KEY EMPLOYEES - PROCESS LAST UNDERTAKEN IN AUGUST 2009 and August 2011 VICE PRESIDENT, ADVANCEMENT ASSISTANT VICE PRESIDENT, HUMAN RESOURCES VICE PRESIDENT, ADMINISTRATION, AND CHIEF INFORMATION OFFICER GENERAL COUNSEL ASSISTANT VICE PRESIDENT, LIFELONG LEARNING EXECUTIVE DIRECTOR, HIGHER EDUCATION FOR DEVELOPMENT VICE PRESIDENT AND EXECUTIVE DIRECTOR, GEDTS.
GOVERNING DOCUMENTS
FORM 990, PART VI, SECTION C, LINE 19
THE ORGANIZATION'S GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY AND FINANCIAL STATEMENTS ARE MADE AVAILABLE TO THE PUBLIC TO THE EXTENT THE FINANCIAL STATEMENTS ARE INCLUDED IN THE ANNUAL REPORT ON THE PUBLICALLY AVAILABLE ACE WEBSITE. GOVERNING DOCUMENTS AND THE CONFLICT OF INTEREST POLICY ARE PROVIDED TO THE PUBLIC UPON REQUEST.
OTHER CHANGES IN NET ASSETS
FORM 990, PART XI, LINE 5
UNREALIZED LOSS <1,856,103> POSTRETIREMENT CHANGE <146,993> GAIN ON INTEREST RATE SWAP 135,939 ----------- TOTAL CHANGE IN NET ASSETS <1,867,157>
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.