With a potential government shutdown bringing into question the ability to meet the master calendar requirement, the Department of Education (ED) released the final and official Gainful Employment (GE) rule on October 10,...more
More than a year after the Department of Education (ED) completed its negotiated rulemaking covering an array of regulations related to institutional and programmatic eligibility for federal financial aid, ED published a...more
On April 11, 2023, the US Department of Education (ED) announced that it will modify and further delay the implementation of its controversial guidance on third-party servicer (TPS) issues.
This latest update comes in...more
The Department of Education has extended the timeline for implementation of its February 15 Dear Colleague Letter, which substantially expanded the “third-party servicer” definition under the Title IV regulations....more
The Department of Education announced two initiatives that expand oversight of third-party providers to institutions of higher education that participate in federal financial aid programs.
On February 15, ED announced...more
The US Department of Education published final regulations regarding the borrower defense to repayment rule in October 2022.
In late October 2022, the US Department of Education (ED) published final regulations regarding...more
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
*COMMENTS DUE THIS WEEK*
On July 28, 2022, the US Department of Education (ED) published a Notice of Proposed Rulemaking (NPRM) to amend its 90/10 and change of ownership and control regulations.
ED is accepting...more
The Biden Administration releases guidance letter regarding recent Federal District Court case impact on enforcement of the regulations, and reminds constituents of the its commitment to ensure students are guaranteed an...more
On March 31, the Department of Education’s Office of Inspector General (ED OIG) issued the Guide for Compliance Attestations Engagements for Proprietary Schools Expending Higher Education Emergency Relief Fund Grants (Guide)...more
In case you are still in holiday mode, we wanted to send out a reminder on two upcoming important Higher Education Emergency Relief Fund (HEERF) reporting deadlines.
First: January 10, 2021 due date for the website posting...more
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
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
On April 3, the US Department of Education released additional guidance for institutions responding to the COVID-19 pandemic. The guidance provides some new information but primarily consolidates much of the previous...more
After announcing plans for a new rule last summer, only to miss the publication deadline, the Department of Education (ED) has – albeit still unofficially – issued its long awaited new update to the borrower defense to...more
The California Legislature began its summer recess on July 12 with a package of bills with broad implications for all institutions operating under BPPE authority still awaiting further Senate action. All seven of the original...more
On July 1, the US Department of Education released a final rule that rescinds the entirety of the Obama-era Gainful Employment (GE) Rule. While the technical effective date of the rescission of the GE rule is July 1, 2020,...more
Despite hopes that the US Department of Education might delay the expanded Gainful Employment disclosure requirements as it has done for the two past years, ED announced recently that covered institutions must meet these new...more
Following a court ruling in September 2018 making the delayed Obama-era Borrower Defense to Repayment regulations immediately effective, the Department of Education has been promising guidance to institutions so they (and...more
With the perceived loosening of regulatory controls at the federal level, many states are stepping in with aggressive legislative and regulatory action. Leading the charge is California, where a legislative package of seven...more
Events of the last week have reflected the Department of Education’s give-a-little, take-a-little approach to the Gainful Employment Rule. The department continues to take steps to implement certain aspects of the current GE...more
Keeping up with the Gainful Employment Rule has been a full time job in recent months. Between new Department of Education actions to prepare a second set of GE rates, negotiated rulemaking to write a new rule, a lawsuit...more
The Department of Education announces changes to the Gainful Employment Disclosure Template.
Disclosure Template Deadline and Updates -
In its Electronic Announcement, ED set April 6, 2018 as the new deadline for...more
All higher education institutions in California, with the sole exception of the California Community College system, will – beginning with the 2018-19 academic year – have to provide their students an annual summary of their...more
The Borrower Defense to Repayment (BDTR) Rule, which applies to all higher education institutions participating in the Federal Student Aid program – whether public, private nonprofit or for-profit – has been the subject of...more