Higher Education Act

News & Analysis as of

No ‘Gain’? Know Pain: Coming Federal Regulations Could Mean Less Federal Aid for Colleges and Universities

New federal education regulations take effect this summer that could substantially reduce federal aid to community colleges and for-profit colleges whose students fail to meet certain standards for finding “gainful...more

Justice Department Settlement With edX Suggests Heightened Scrutiny of Online Course Accessibility and Potential Strategies for...

On April 2, the Department of Justice entered into a settlement agreement with edX, a major online college course provider, over alleged violations of the Americans with Disabilities Act (ADA) related to the accessibility of...more

U.S. Senate HELP Committee Releases White Papers on Higher Education Act Reauthorization

On March 23, 2015, U.S. Senator Lamar Alexander (R-TN), chairman of the U.S. Senate Committee on Health, Education, Labor and Pensions (the “HELP Committee”) released staff white papers about the following three issues, as...more

Why colleges in bankruptcy should have access to federal financial aid

With the reauthorization of the Higher Education Act (HEA) in full swing, the time is ripe for Congress to reconsider current laws prohibiting postsecondary institutions that declare bankruptcy from participating in the...more

Congress and the Higher Education Act: what’s on the table? What’s to come? Our look at the major proposals

Congress is well into the process of passing a reauthorization of the Higher Education Act (HEA), and many members of Congress have introduced bills addressing many aspects of higher education that concern the public....more

Congress Considers Multiple Proposals in Advance of Higher Education Act Reauthorization

Recently, there have been a number of bills issued and proposals made as the U.S. Congress begins the process of reauthorizing of the Higher Education Act (“HEA”). Although a final reauthorization bill is not anticipated...more

Institutions of Higher Education and the Fair Credit Reporting Act: Third Circuit Holds Higher Education Amendments Offer No Safe...

In a recent precedential opinion, the Third Circuit has held that the Higher Education Act provides no safe haven from strict adherence to the Fair Credit Reporting Act for colleges and universities. Moreover, the Court...more

The Importance of Clarity: Institutional Website Descriptions Cause Congressman to Question Financial Aid Application Processes

Since 1992, the Higher Education Act has required colleges and universities to determine applicants’ eligibility for federal aid programs only through use of the Free Application for Federal Student Aid (FAFSA). On February...more

Some Thoughts on the Latest Round of Gainful Employment Negotiatied Rulemaking Part 1

I will apologize upfront for the length of this post. Or that there will be multiple posts on this. There’s just a lot to say after this latest session of gainful employment negotiated rulemaking. For those of you...more

CFPB Student Loan Report Recommends Servicing Policy Changes

On October 16, the CFPB Student Loan Ombudsman issued a second annual report on student loans. The report analyzes and discusses approximately 3,800 complaints submitted by consumers to the CFPB from October 1, 2012 through...more

Is the CFPB now the BMOC?

Last week, the CFPB muscled its way on campus, announcing that it will be looking at the impact of financial products marketed to students through their colleges and universities....more

Deadline Approaches for Gainful Employment Disclosures

Institutions of higher education that receive Title IV funding must properly disclose certain information concerning course offerings that are or may be considered gainful employment programs by the U.S. Department of...more

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