News & Analysis as of

Financial Aid

Arnall Golden Gregory LLP

OIG Issues Split Decision: Travel Assistance Approved, Fertility Support Under Scrutiny

On July 22, 2024, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”) issued Advisory Opinion 24-05, evaluating two manufacturer-sponsored assistance programs under the federal Anti-Kickback...more

Arnall Golden Gregory LLP

OIG Greenlights Manufacturer’s Travel-Related Financial Assistance Offering

On June 17, 2024, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”) posted a favorable Advisory Opinion 24-03 (“AO 24-03”) involving a pharmaceutical manufacturer’s proposed patient...more

Mandelbaum Barrett PC

SSI Alert: Free Food No Longer Counted as Income

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What is SSI? SSI is a government program that provides monthly payments to adults and children who have income and resources below specific financial limits and who meet one of the following criteria: They are 65 or older...more

Bowditch & Dewey

Higher Education Diversity Update: Early Admissions Numbers Are Strong for Economic Diversity, but FAFSA Delays Present a...

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In the wake of the Supreme Court’s ban on race-based affirmative action, many colleges and universities have shifted their admissions practices to more heavily focus on socioeconomic diversity. Early admissions numbers from...more

Troutman Pepper

Fourth Circuit: Institution's Tax-Exempt Status Does Not Trigger the Applicability of Title IX's Requirements

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On March 27, the Fourth Circuit Court of Appeals concluded that an independent high school’s Section 501(c)(3) tax-exempt status does not constitute “receiving Federal financial assistance,” for purposes of subjecting an...more

Holland & Knight LLP

New Guidance Issued on Financial Value Transparency and Gainful Employment Regulations

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The U.S. Department of Education (Department) released an important update and reminder regarding new Financial Value Transparency (FVT) and Gainful Employment (GE) regulations that take effect on July 1, 2024. The...more

BakerHostetler

Steps Colleges Should Take to Bust Ghost Students

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Educational institutions in the United States, as well as those in other countries, are reporting experiencing a fairly new type of fraudulent scheme: the ghost student scam. “Ghost students” are stolen or fake identities...more

McGuireWoods LLP

Education Department Extends Gainful Employment Reporting Deadline, Publishes Milestones Schedule

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On March 29, 2024, the U.S. Department of Education published an electronic announcement delaying the reporting deadline for institutional data related to the Gainful Employment (GE) and Financial Value Transparency (FVT)...more

Fisher Phillips

A Sigh of Relief for Private Schools: 4th Circuit Rules Tax-Exempt Status Does Not Trigger Title IX Coverage

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A federal appeals court ruled Wednesday that Title IX does not apply to a private school based purely on its nonprofit status, reversing a lower court’s bombshell decision that put the entire private and independent school...more

Troutman Pepper

California AG Bonta Upholds $21M Penalty Against Ashford University Over GI Bill Errors

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In a recent ruling, the California Court of Appeal largely affirmed a lower court’s decision from March 2022, finding that Ashford University (now known as University of Arizona Global Campus), an online, for-profit college,...more

Proskauer - Labor Relations Update

Undergraduate Bargaining Units Are Here to Stay—and 20,000 Members Stronger

A growing trend of union organizing among undergraduate student workers reached a crescendo last week when a unit of 20,000 student assistants at California State University voted in favor of unionization. California...more

Ballard Spahr LLP

Appellate court upholds $21 million judgment against for-profit college regarding unfair competition and false advertising claims

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On February 20, 2024, the California Court of Appeal largely affirmed an eight-figure judgment against Ashford University (“Ashford”), an on-line, for-profit college, and its parent company, Zovio, Inc. (formerly Bridgepoint...more

Holland & Knight LLP

U.S. Department of Education Issues New Certification Procedures for Federal Financial Aid

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The U.S. Department of Education (Department) issued final rules on Oct. 24, 2023, imposing new conditions that higher education institutions must satisfy to participate in federal student aid programs under Title IV of the...more

Spilman Thomas & Battle, PLLC

Financial Aid Offer Letters - The Clearer the Better

When the College Cost Transparency Initiative (CCTI) began in 2022, leaders of 10 higher education institutions formed the task force “to improve the clarity, accuracy, and understanding of student financial aid offers by...more

Holland & Knight LLP

New Administrative Capability Requirements Announced for Colleges and Universities

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The Biden-Harris Administration on Oct. 24, 2023, issued final rules detailing important obligations for higher education institutions that receive federal funding. (Codified at 34 C.F.R. § 668 et seq.) The final regulations...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 9, November 2023

The Accreditation Overhaul for North Carolina (and Florida) Colleges - Last month, North Carolina Governor Roy Cooper signed House Bill 8 (HB 8) into law. In addition to establishing a new computer science requirement for...more

Troutman Pepper

Biden-Harris Administration Amends Higher Education Act to Address College Closures and Withholding Transcripts

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On October 24, the Biden-Harris administration announced amendments to the regulations implementing title IV of the Higher Education Act of 1965 (HEA). According to the fact sheet, the amendments are intended to allow the...more

Ballard Spahr LLP

California DFPI Finalizes Regulations Governing Student Loan Servicers

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On October 13, 2023, the California Department of Financial Innovation (DFPI) published final regulations implementing the Student Loan Servicing Act (“SLSA”) and the Student Loans: Borrower Rights Law. The final regulations...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Hears Challenge to Agency Tasked With Helping Students Make Informed Decisions About Paying for College

The Consumer Financial Protection Bureau (CFPB), a government agency that protects consumers in the financial sector, is potentially at risk following oral argument on October 3, 2023, before the Supreme Court of the United...more

Holland & Knight LLP

New Gainful Employment Rules Impact For-Profit and Nonprofit Colleges and Universities

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The U.S. Department of Education (Department) issued new Gainful Employment (GE) regulations in September 2023 for the first time since 2014. These program-specific regulations impose important compliance obligations on...more

Venable LLP

Are College Admissions Offices Minefields for Potential False Claims Act Liability Now?

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By now, the Supreme Court's June 2023 Students for Fair Admissions decision overturning affirmative action precedent, which Venable wrote about here, and has prompted institutions of higher education (IHEs) to review their...more

Pillsbury Winthrop Shaw Pittman LLP

Biden Administration Issues Guidance to Universities on Implementing Supreme Court Affirmative Action Ruling

A Department of Education letter and Q&A document outlines lawful ways for universities to promote diverse student bodies. Higher education institutions are urged to “redoubl[e] efforts to recruit and retain” students...more

Ballard Spahr LLP

Biden loan forgiveness alternatives face new challenge

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Less than six weeks after the U.S. Supreme Court held that President Biden lacked authority to advance his signature effort to forgive upwards of $430 billion in federal student loans, a new challenge has been filed to other...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Education Department Proposes New Accountability and Transparency Rules for Postsecondary Institutions

The regulations would terminate access to federal financial aid for certain programs and increase transparency across all postsecondary programs. The proposed “gainful employment rule” would limit a postsecondary...more

Alston & Bird

New Regulations Proposed by the Department of Education Will Impact Proprietary and Nonproprietary Schools Alike

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Our Education Team delves into new proposed regulations that would bring a substantial change to the way Title IV is administered. New gainful employment regulations are more complex than Obama-era versions....more

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