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Blog: 90/10 Provisions of American Rescue Plan Act of 2021 Brings Major Change

For proprietary institutions subject to the 90/10 rule, President Joe Biden’s signing of the American Rescue Plan Act of 2021 on March 11 reflects a major change in this revenue test that provides for-profit institutions and...more

Blog: Reminder: Reporting of Borrower Defense to Repayment Financial Responsibility Triggers Due May 14

Important note: These rules – except as described below – are applicable to All institutions participating in the Title IV programs. The deadline for affected institutions to file reports with the Department of Education...more

Blog: California Jumps in With Sweeping Regulatory, Statutory Proposals Affecting VA Benefits, Other Issues

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

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: Department of Education’s Announcement Leaves Unanswered Questions Regarding Coming Gainful Employment Rule Deadline

The Department of Education’s (ED) announcement that it plans to engage in a new negotiated rulemaking to revise the Gainful Employment (GE) Rule leaves unanswered critical questions regarding the implementation of certain GE...more

Blog: As the Department of Education Revisits the Gainful Employment Rule California Legislators Propose a State Alternative

With continued questions about the Trump Administration’s commitment to Obama-era regulations, including the Gainful Employment (GE) Rule, one state is ready to jump into the fray and offer its own state-based alternative to...more

Alert: "Ability to Benefit" is Back, But Not the Same

Recently, a number of third-party test providers have begun promoting the Department of Education's ("ED") approval of their Ability-to-Benefit ("ATB") assessments by notifying institutions that, after a three-year hiatus,...more

Alert: Seven Steps To Prepare For The New Gainful Employment Rule

The Gainful Employment Rules became effective on July 1, 2015, and you probably already know that your institution has a deadline to report six years' worth of institutional, student and financial data to the Department of...more

Alert: California Approves Pathway for Non-Profit Institutions to Maintain Exemption from State Oversight

Governor Jerry Brown has now signed into law Senate Bill 81, which included language amending the California Private Postsecondary Education Act of 2009 (the "Act") to permit "independent institutions of higher education"...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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