News & Analysis as of

Title IV Department of Education

Holland & Knight LLP

New U.S. Education Department Rules Will Affect University Mergers, Acquisitions

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The U.S. Department of Education (ED) finalized new regulations last year that will take effect on July 1, 2024, directly impacting mergers and acquisitions involving higher education institutions. Specifically, the...more

Husch Blackwell LLP

Financial Value Transparency/Gainful Employment Reporting Delay & Guidance

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In the last several days, the U.S. Department of Education (ED) finally published three important updates on ED expectations under its extensive October 2023 Financial Value Transparency and Gainful Employment regulations...more

Faegre Drinker Biddle & Reath LLP

Significant New Financial Responsibility, Administrative Capability and Certification Requirements Loom Ahead for Title IV...

On October 31, 2023, the U.S. Department of Education (ED) published in the Federal Register a Final Rule that significantly revises the financial responsibility, administrative capability and certification requirements...more

Husch Blackwell LLP

The Long and Winding Road to the New Financial Value Transparency and Gainful Employment Rules

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Effective July 1, 2024, institutions of higher education participating in Title IV Federal Student Aid programs must comply with the U.S. Department of Education’s (Department) Financial Value Transparency and Gainful...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 10, December 2023

In this final edition of the year, we cover the following issues of import for educational institutions: - CFPB scrutiny of college-sponsored financial products; - Changes ahead for Title IV program participants and...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

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

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

Pillsbury Winthrop Shaw Pittman LLP

U.S. Education Department’s New Accountability and Transparency Rules for Postsecondary Institutions to Take Effect in July 2024

The rules impose new extensive reporting requirements on postsecondary institutions and could cause 1,700 programs to lose Title IV eligibility as early as 2026. The Education Department will begin collecting information...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

Faegre Drinker Biddle & Reath LLP

ED Proposes Significant Revisions to Title IV Certification, Financial Responsibility and Administrative Capability Requirements

On May 19, 2023, the U.S. Department of Education (ED) published in the Federal Register a Notice of Proposed Rulemaking (the Proposed Rule) to substantially change or expand a host of regulatory requirements concerning...more

Alston & Bird

Department of Education Issues Guidance on the Revised 90/10 Rule

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Our Education Team studies how a change to the 90/10 Rule will affect how for-profit institutions will count federal funding in the 90/10 calculation. The Moran–Carper Amendment to the American Rescue Plan significantly...more

Husch Blackwell LLP

Update: U.S. Department of Education Third-Party Servicer Guidance - 4/14/2023

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UPDATE: On April 11, the Department of Education (Department) published a blog post updating the latest Third-Party Services (TPS) Dear Colleague Letter (DCL) which was published on February 15, 2023 (updated February 28,...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 3, March 2023

Department of Education’s New Guidance on Personal Liability Requirements Leaves Uncertainty for Institutions - On March 1, 2023, the U.S. Department of Education (“DOE”) released guidance related to the instances in which...more

Faegre Drinker Biddle & Reath LLP

U.S. Department of Education Announces Personal Liability Requirements for Postsecondary Institutions Participating in Title IV...

On March 1, 2023, the U.S. Department of Education (ED) published Electronic Announcement GENERAL-23-11 (EA) notifying institutions that participate in the Title IV federal student aid programs (Title IV) that it is...more

Spilman Thomas & Battle, PLLC

Department of Education’s New Guidance on Personal Liability Requirements Leaves Uncertainty for Institutions

On March 1, 2023, the Department of Education (“DOE”) released guidance related to the instances in which it will require assumption of personal liability for an institution’s continued participation in Title IV programs....more

Bond Schoeneck & King PLLC

U.S. Department of Education Updates List of Functions Covered by Third-Party Servicer Requirements under Federal Financial Aid...

The U.S. Department of Education (Department) recently surprised the higher education community with a Dear Colleague Letter (DCL GEN-23-03) that sets forth new guidance on third-party servicers with whom institutions of...more

Husch Blackwell LLP

Department of Education to Hold Higher Ed Leaders Personally Liable for Title IV Compliance Failures

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On Thursday, the Department of Education announced that, in certain circumstances, it will require leaders of institutions to assume personal liability as a condition of Title IV Federal Student Aid participation....more

Husch Blackwell LLP

Update: U.S. Department of Education Third-Party Servicer Guidance

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UPDATE: On February 28, 2023, the Department updated the Dear Colleague Letter issued February 15, 2023 to establish a future effective date for the guidance, extend the public comment period, and extend the reporting...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

Husch Blackwell LLP

Department of Education Expands Interpretation of "Third-Party Servicer" Definition (and Announces Incentive Compensation Review)

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Wednesday’s U.S. Department of Education Dear Colleague Letter announces an expanded Department interpretation of the definition of Third-Party Servicer to include a new array of vendors providing student recruiting and...more

Faegre Drinker Biddle & Reath LLP

New Guidance from U.S. Department of Education Clarifies Title IV Limitations on Written Arrangements for Program Offerings

Earlier this summer, the U.S. Department of Education (Department) issued Dear Colleague Letter GEN-22-07 (the DCL), identifying arrangements that do not comply with its Title IV federal student aid program (Title IV program)...more

Faegre Drinker Biddle & Reath LLP

Proposed Rule From U.S. Department of Education Affects Changes of Ownership and Control, 90/10 Rule and Other Title IV...

On July 28, 2022, the U.S. Department of Education (the Department) published in the Federal Register a Notice of Proposed Rulemaking (the Proposed Rule) to amend its regulations concerning changes in institutional ownership...more

Holland & Knight LLP

U.S. Department of Education Cautions Colleges and Universities on Program Arrangements

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To increase enrollments and lower operating costs, many colleges and universities oftentimes partner with outside companies to provide portions of their academic programs online or on-campus. Serious legal risks may arise...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

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