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ED to Shut Down and Overhaul E-App System

The US Department of Education (ED) announced last week that it will implement updates to its Electronic Application (E-App) system – the website on which institutions apply for and certify their eligibility for federal...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

Third-Party Servicer Guidance on Hold

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

ED Updates Timeline for Third Party Servicer Guidance

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

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

ED Proposes Significant Amendments to Change in Control and 90/10 Regulations

*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

Blog: ED Announces New System for Institutions to Report Foreign Ownership, Contracts and Gifts

On June 22, the United States Department of Education announced its new information collection system for postsecondary institutions that participate in the Title IV programs to comply with the foreign owner, contract and...more

Blog: Reminder: ED State Authorization Rule Takes Effect July 1

The US Department of Education’s final regulations requiring state authorization for distance education programs will take effect July 1, 2020. The new regulations require that schools hold authorization in every jurisdiction...more

Blog: ED Simultaneously Backs Away from and Embraces Its Own HEERF Guidance

Last week, the Department of Education announced it will not enforce its April guidance on the Higher Education Emergency Relief Fund, further muddling the quick rollout of student and institutional funding under the CARES...more

Blog: ED Requires Public Disclosure of CARES Student Grant Use, Inviting Scrutiny for Schools

In an unexpected announcement, the US Department of Education issued guidance yesterday directing postsecondary institutions to publicly disclose on their websites detailed information and data on how they allocate emergency...more

Blog: ED Releases Institutional Funding from CARES Act + Clarifies Student Grant Requirements

On April 21, the US Education Department announced the release of the remaining $6 billion of stimulus funding under the CARES Act’s Higher Education Emergency Relief Fund. Unlike the first $6 billion that ED released on...more

Blog: ED Releases Governor’s Emergency Education Relief Grant Funding

On April 14, the Department of Education released another $3 billion under the Governor’s Emergency Education Relief Fund component of the CARES Act. GEER funding is an emergency grant awarded to state governors’ offices that...more

Blog: ED Releases CARES Act Stimulus Funding for Emergency Student Grants, Subject to Institutional Certification

On April 9, the US Department of Education released the Funding Certification and Agreement and expected allocations for institutional funding under the Higher Education Emergency Relief Fund of the CARES Act, which provides...more

Blog: First Look At Postsecondary Institution Funding Under The CARES Act

On March 27, the president signed into law a $2 trillion relief and stimulus package – the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) – designed to address the economic impact caused by the COVID-19...more

Blog: Managing COVID-19 Disruption: ED Updates Guidance for Changes and Interruptions of Study

The US Department of Education (ED) has issued an update to its March 5 guidance for interruptions of study related to COVID-19. The updated information is included as an attachment to the March 5 guidance, containing 10...more

Blog: Managing COVID-19 Disruption: Title IV Processing

On March 5, the US Department of Education issued guidance on Title IV processing flexibilities associated with the response to COVID-19 and has set up a website dedicated to COVID-19 related issues....more

Blog: Is Early Implementation of ED’s New State Authorization for Distance Rule Right for Your Institution?

As we reported earlier this week, on November 1, the Department of Education published its final state authorization for distance education regulations in the Federal Register, culminating nearly a decade-long effort to adapt...more

Blog: ED Publishes Final State Authorization for Distance Education Rule

On Friday, November 1, the Department of Education published its final state authorization for distance education regulations in the Federal Register, available here. The rule draws on the 2016 version of the state...more

Blog: ED Publishes the Final Rule on State Authorization for Distance Education

The US Department of Education today issued the unofficial version of its final state authorization regulations that includes new rules governing accreditation and recognition of state authorizing agencies. The final rule...more

Blog: Department Announces California Residents at Out-of-State Public and Nonprofit Institutions Ineligible for Federal Student...

The Department of Education issued guidance yesterday that ED’s regulations prohibit California residents enrolled in distance education programs at out-of-state public and nonprofit institutions from receiving federal...more

Blog: ED Begins Authorization for Foreign Locations of Domestic Institutions

In a surprise move on Friday, the Department of Education announced the portion of the proposed distance education rule relating to authorization of foreign locations of domestic institutions went into effect on July 1, 2018....more

Blog: Once Again, Implementation of the Distance Education Rule Is Delayed – This Time to 2020

Almost eight years after it first proposed the rule, the Department of Education announced today that it will delay the effective date of the state authorization for distance education rule from July 1, 2018, to July 1, 2020....more

Blog: The State Authorization Rule Still Lives – Be Ready

Recently, the House Committee on Education and the Workforce that is working on the long-overdue reauthorization of the Higher Education Act released its proposal, the Promoting Real Opportunity, Success, and Prosperity...more

Blog: New ED Audit Guide Updates Requirements Concerning Third-Party Servicers

As discussed in our previous posts, the Department of Education’s new Audit Guide establishes new audit requirements applicable to for-profit schools and to compliance audits of third-party servicers that administer “any...more

Blog: Department Seeks Public Comment on Regulations to Repeal

Update: As a reminder, the Department of Education (ED) is seeking public comments to identify regulations that are “unduly costly or unnecessarily burdensome” and may be candidates for repeal or revision. We encourage you to...more

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