News & Analysis as of

Financial Aid Department of Education

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

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

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

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

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

Venable LLP

Biden's Student Loan Forgiveness Plan in Peril

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The Supreme Court heard arguments on February 28, 2023 in two cases that will decide the future of President Biden's student loan forgiveness plan. The cases, Biden v. Nebraska and U.S. Department of Education v. Brown,...more

McGuireWoods LLP

Education Department to Hold Owners, Individuals, Board Members Liable for Higher Education Institutions

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On March 2, 2023, the U.S. Department of Education announced it will hold individuals representing corporations or other legal entities, including a member of the board of directors or a chief executive officer, personally...more

Holland & Knight LLP

U.S. Department of Education Issues New Guidance on Third-Party Servicers

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The U.S. Department of Education (Department) published its newest "Dear Colleague Letter" (DCL ID: GEN-23-03) on Feb. 15, 2023, making sweeping changes to the regulation of agreements between institutions of higher education...more

Orrick, Herrington & Sutcliffe LLP

Education Dept. releases IDR proposal

On January 10, the Department of Education (DOE) announced a notice of proposed rulemaking (NPRM) to reduce the cost of federal student loan payments. ...more

Hogan Lovells

Updated U.S. Department of Education guidance on Section 117 Foreign Gift and Contract requirements

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This advisory summarizes Section 117 requirements and enforcement, highlights key aspects of the updated guidance, and identifies considerations for higher education institutions given the U.S Department of Education’s...more

Bricker Graydon LLP

Gender check-the-box options are expanded on federal forms

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Effective March 31, 2022, President Biden has announced a number of changes designed to remove barriers faced by transgender Americans. These changes include modifying certain federal forms that require an applicant to choose...more

Hogan Lovells

Department of Education embarks on negotiated rulemaking

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On October 4, 2021, the U.S. Department of Education (ED) commenced the first of five negotiated rulemaking sessions. The five sessions are focused on the federal student financial aid programs authorized under Title IV of...more

Bricker Graydon LLP

Foreign gift and contract reporting: Tuition paid by foreign source applies

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As we rapidly approach the New Year, higher education institutions should ensure they have met their foreign gift and contract reporting requirements. Institutions are required by Section 117 of the Higher Education Act to...more

Faegre Drinker Biddle & Reath LLP

Revised Higher Education Reporting Requirements for CARES Act Emergency Financial Aid Grants to Students

On August 31, 2020, the U.S. Department of Education (ED) published a Federal Register notice revising its May 6, 2020, electronic announcement requiring higher education institutions to publish on their websites certain...more

Lathrop GPM

DOE Issues Additional Guidance and Interim Final Rule Regarding CARES Act Grants

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On June 17, 2020, the U.S. Department of Education issued an interim final rule (IFR) aligning student eligibility for CARES Act funds with eligibility requirements for Title IV student aid. Effective immediately, higher...more

Faegre Drinker Biddle & Reath LLP

U.S. Department of Education Expands COVID-19 Regulatory Flexibilities for Higher Education Institutions

On May 15, 2020, the U.S. Department of Education (ED) issued updated and expanded flexibilities with respect to Title IV federal student aid program requirements in light of the continuing COVID-19 pandemic. This latest...more

Bond Schoeneck & King PLLC

Strict Reporting Requirements and Taxability Information for Emergency Financial Aid Grants to Students

Here are two breaking developments we do not want you to miss. On May 6, 2020, the same day the U.S. Department of Education’s Office for Civil Rights issued its sweeping Title IX Final Rule, the Department’s Office of...more

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