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CFPB, Department of Education Take Aim at College-Sponsored Financial Products

On October 13, 2022, the Consumer Financial Protection Bureau (CFPB) issued its annual report concerning banking products offered to students by financial institutions partnering with institutions of higher education (IHEs)....more

Blog: Department of Education Webinar and Website Updates Provide Additional HEERF Guidance

In our October 8, 2020 blog post, we provided a summary of the recent Higher Education Emergency Relief Fund (HEERF) guidance issued by the Department of Education regarding the uses of the HEERF institution funds and the...more

Blog: US Department of Education Issues Long-Awaited Guidance on CARES Act HEERF Reporting

Since the CARES Act created the Higher Education Emergency Relief Fund (HEERF) in April 2020, institutions have faced an ever-changing landscape of new and shifting guidance. We posted a number of articles over the past few...more

Blog: California Legislature Passes Bill Impacting Nonprofit Higher Education Institutions

Despite the pandemic and the resulting abbreviated legislative docket in 2020, the California Assembly managed to resurrect one of its stalled bills from 2019 and successfully move it through both houses. It is now “enrolled”...more

Blog: California Presses Forward with Bill to Ban OPM Tuition Share Arrangements

Last week, the California Assembly Higher Education Committee unanimously voted to advance a bill designed to exclude OPMs and service providers from tuition share arrangements. AB 1345 would broaden California’s existing...more

Blog: California Proposals Would Rewrite Rules for Many Nonprofit Institutions

As discussed in two prior posts (Part I and Part II) in our series about proposed bills in the California Assembly, a group of six Assembly members have coordinated in authoring a legislative package of seven bills impacting...more

Blog: California Jumps in with Sweeping Statutory Proposals – Part II (Registered Online Institutions and STRF)

As noted in our blog post last week, a group of six California Assembly members have coordinated in authoring a legislative package of seven bills impacting higher education in (and out of) that state....more

Blog: Just in Time for Halloween: The Return of the Borrower Defense Rule of 2016

The many-headed Obama-era Borrower Defense to Repayment Rule is back, thanks to a September 17 federal court order that overturned Secretary DeVos’ action suspending implementation of the existing rule, followed by the...more

Blog: California BPPE Announces Changes to the Student Tuition Recovery Fund

The California Bureau for Private Postsecondary Education recently published amended regulations governing the Student Tuition Recovery Fund effective as of August 10, 2017. The changes will impact institutions approved to...more

Blog: California Assembly Recommends Eliminating For-Profit Institutions from Cal Grant Program

While there are indications that Washington has lessened its antipathy towards for-profit institutions, states continue to go in their own directions. This post focuses on the California Assembly’s recommendation to eliminate...more

Alert: Negotiations on New Defense to Repayment Rules Fail: It's All Up to ED Now

Following a highly charged, often contentious three days of debate, the third session of the Negotiated Rulemaking on Borrower Defense to Repayment (DTR) ended as it started, without consensus. The Department of Education...more

Alert: Pending Rulemaking Likely to Expand Borrower Defenses Against Repaying Federal Direct Loans

The US Department of Education (ED) is preparing for a new rulemaking that is intended to clarify—and very likely expand—the ability of student borrowers to be relieved of the obligation to repay their Federal Direct Loans....more

Alert: The Gainful Employment Rules: New Guidance on Reporting Obligations, Program Certification and Disclosure Requirements

On August 10, 2015, notably 10 days after the deadline for reporting the first set of student data for calculation of the GE debt-to-earnings rates passed, ED issued new guidance in an Electronic Announcement ("EA 58")...more

Alert: No 11th Hour Reprieve: GE Rules Upheld

With a second court ruling in late June in favor of the U.S. Department of Education, the Gainful Employment Rules ("GE Rules") took effect on July 1, 2015. The GE Rules will, ultimately, provide new challenges to the...more

Alert: Gainful Employment Regulations: Recent Updates from the Department of Education

The Department of Education published another announcement in its series of Electronic Announcements ("EAs") last week, as it prepares to implement the new Gainful Employment ("GE") regulations. Those regulations are...more

Alert: Recent Developments on State Authorization at Department of Education and in California

The US Department of Education ("ED" or "the Department") has decided against an earlier plan to send letters to every institution believed to be out-of-compliance (or rather, located in a state that is considered...more

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