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Gainful Employment Redux – Not Just for For-Profits Anymore

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

CFPB Details Concerns Over Tuition Payment Plan Practices at Higher Education Institutions

On September 14, 2023, the Consumer Financial Protection Bureau (CFPB) released a report on financial risks to students associated with school-issued tuition payment plans. Although the report acknowledges that many tuition...more

Lurking Behind the Headline: Significant Regulatory Changes Beyond Gainful Employment in ED’s Latest NPRM

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

California Legislature Updates Private Postsecondary Education Act … Again

A number of amendments to the governing statute of the California Bureau for Private Postsecondary Education (BPPE) took effect January 1, 2023, impacting in-state and out-of-state institutions. The BPPE recently posted a...more

ED Revisits Third-Party Servicer and Incentive Compensation Guidance

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

Borrower Defense to Repayment 4.0

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

California BPPE Implements New Statutory Provisions

The California Legislature passed a number of bills during the 2021 session impacting the Bureau for Private Postsecondary Education (BPPE) and institutions subject to the BPPE’s oversight. Senate bills 607, 802 and 803 all...more

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: California Senate Appropriations Committee Sends Three Postsecondary Bills for Further Action, Shelves Three Others

After returning from recess on August 12, the California Senate Appropriations Committee took up the package of six remaining higher education bills intended to address concerns about private postsecondary education providers...more

Blog: California Legislature Takes Summer Break With Key Higher Education Bills Still in Air

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

Blog: After Nearly a Decade of Uncertainty, Gainful Employment Rule Is Gone

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

Blog: Department Confirms July 1 for New GE Disclosures + Delivery Process

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

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: California VA Agency Extends Comment Period

As covered in a prior post, the California agency responsible for approving institutions to provide Veterans funds to students, the California State Approving Agency (CSAAVE), has issued a notice of proposed rulemaking that...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: A Busy Week for the Gainful Employment Rule

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

Blog: Is a Kinder, Gentler Gainful Employment Reg in the Works While ED Announces Steps to Publish New Rates?

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

Blog: Another New Gainful Employment Disclosure Template, With Some Unexpected Changes

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

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 Extends Deadline for Gainful Employment Earnings Appeals

The Department of Education issued a notice on August 18 that extends the deadline for all institutions to file alternate earnings appeals that challenge the debt-to-earnings rates issued for their GE programs in January...more

Blog: New ED Audit Guide Now Requires Extensive Gainful Employment Compliance Testing

As noted in our previous blog post on ED’s new Audit Guide, for the first time ED is requiring that independent audit firms conduct extensive testing relating to Gainful Employment (GE) data reporting and mandated disclosures...more

Blog: Last Minute Reprieve in GE Rule

With minutes to spare before the close of business today, the Department of Education (ED) issued a Notice in advance of official publication in the Federal Register, announcing a delay in a number of requirements relating 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: Reminder: July 1 Deadline for Out-of-State Schools to Register to Enroll Distance Learning Students in California

Effective July 1, private postsecondary institutions outside of California that enroll California students are generally subject to new “Out-of-State Institution Registration” regulations. The California Bureau for Private...more

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