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Department of Education Higher Education Act

Ogletree, Deakins, Nash, Smoak & Stewart,...

Biden Administration Proposes Rule to Amend Higher Education Act as Part of Latest Effort to Tackle Student Loan Debt

On April 17, 2024, the Biden administration published a proposed rule that would amend current regulations to allow for certain student loan debts to be waived, potentially providing relief to millions of student loan...more

Husch Blackwell LLP

Financial Value Transparency/Gainful Employment Reporting Delay & Guidance

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In the last several days, the U.S. Department of Education (ED) finally published three important updates on ED expectations under its extensive October 2023 Financial Value Transparency and Gainful Employment regulations...more

Husch Blackwell LLP

The Long and Winding Road to the New Financial Value Transparency and Gainful Employment Rules

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Effective July 1, 2024, institutions of higher education participating in Title IV Federal Student Aid programs must comply with the U.S. Department of Education’s (Department) Financial Value Transparency and Gainful...more

Holland & Knight LLP

U.S. Department of Education Issues New Certification Procedures for Federal Financial Aid

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The U.S. Department of Education (Department) issued final rules on Oct. 24, 2023, imposing new conditions that higher education institutions must satisfy to participate in federal student aid programs under Title IV of the...more

Holland & Knight LLP

New Administrative Capability Requirements Announced for Colleges and Universities

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The Biden-Harris Administration on Oct. 24, 2023, issued final rules detailing important obligations for higher education institutions that receive federal funding. (Codified at 34 C.F.R. § 668 et seq.) The final regulations...more

Troutman Pepper

Biden-Harris Administration Amends Higher Education Act to Address College Closures and Withholding Transcripts

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On October 24, the Biden-Harris administration announced amendments to the regulations implementing title IV of the Higher Education Act of 1965 (HEA). According to the fact sheet, the amendments are intended to allow the...more

Cooley LLP

Gainful Employment Redux – Not Just for For-Profits Anymore

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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

Cozen O'Connor

AGs Defend Borrower Defense Rule

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A group of 23 Democratic AGs, led by Massachusetts AG Andrea Joy Campbell, filed an amicus brief in the U.S. Court of Appeals for the Fifth Circuit case Career Colleges and Schools of Texas v. U.S. Department of Education, et...more

Ballard Spahr LLP

CFPB Continues to Expand Its Scrutiny of Higher Education with New Report on College and Postsecondary School Tuition Plans

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The CFPB recently released a report regarding higher education tuition payment plans that discusses prevailing practices and highlights certain CFPB concerns regarding consumer impact. The CFPB’s report was based upon (a) a...more

Husch Blackwell LLP

Federal Appeals Court Blocks Department of Education's New Borrower Defense to Repayment Rules

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On Monday, the U.S. Court of Appeals for the Fifth Circuit issued a nationwide injunction blocking the U.S. Department of Education (ED) from implementing its new borrower defense to repayment (BDR) rules. The BDR rules,...more

Wiley Rein LLP

Wiley Consumer Protection Download (August 7, 2023)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Akin Gump Strauss Hauer & Feld LLP

Renewed Congressional Focus on Foreign Gifts and Contract Reporting Under Section 117

Congressional Republicans are increasingly focused on ensuring that U.S. colleges and universities are properly disclosing gifts and contracts from foreign sources under Section 117 of the Higher Education Act of 1965, 20...more

Orrick, Herrington & Sutcliffe LLP

DOE recognizes states’ role in investigating student loan servicers

On July 24, the Department of Education (DOE) issued a final interpretation to clarify that the Higher Education Act (HEA) preempts state laws and other applicable federal laws “only in limited and discrete respects.”...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Education Department Proposes New Accountability and Transparency Rules for Postsecondary Institutions

The regulations would terminate access to federal financial aid for certain programs and increase transparency across all postsecondary programs. The proposed “gainful employment rule” would limit a postsecondary...more

Troutman Pepper

Troutman Pepper Weekly Consumer Financial Services Newsletter - July 2023 # 2

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To help you keep abreast of relevant activities, below find a breakdown of some of the biggest events at the federal and state levels to impact the Consumer Finance Services industry this past week...more

Akin Gump Strauss Hauer & Feld LLP

White House and House Republicans React and Respond to SCOTUS Student Debt Forgiveness Decision with Competing Approaches

Following the Supreme Court’s June 30, 2023 ruling determining that the Biden-Harris administration did not have authority to carry out its student debt forgiveness plan, the administration released a fact sheet detailing new...more

Alston & Bird

New Regulations Proposed by the Department of Education Will Impact Proprietary and Nonproprietary Schools Alike

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Our Education Team delves into new proposed regulations that would bring a substantial change to the way Title IV is administered. New gainful employment regulations are more complex than Obama-era versions....more

Faegre Drinker Biddle & Reath LLP

ED Proposes Significant Revisions to Title IV Certification, Financial Responsibility and Administrative Capability Requirements

On May 19, 2023, the U.S. Department of Education (ED) published in the Federal Register a Notice of Proposed Rulemaking (the Proposed Rule) to substantially change or expand a host of regulatory requirements concerning...more

Alston & Bird

Department of Education Issues Guidance on the Revised 90/10 Rule

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Our Education Team studies how a change to the 90/10 Rule will affect how for-profit institutions will count federal funding in the 90/10 calculation. The Moran–Carper Amendment to the American Rescue Plan significantly...more

Faegre Drinker Biddle & Reath LLP

U.S. Department of Education Announces Personal Liability Requirements for Postsecondary Institutions Participating in Title IV...

On March 1, 2023, the U.S. Department of Education (ED) published Electronic Announcement GENERAL-23-11 (EA) notifying institutions that participate in the Title IV federal student aid programs (Title IV) that it is...more

Bond Schoeneck & King PLLC

U.S. Department of Education Updates List of Functions Covered by Third-Party Servicer Requirements under Federal Financial Aid...

The U.S. Department of Education (Department) recently surprised the higher education community with a Dear Colleague Letter (DCL GEN-23-03) that sets forth new guidance on third-party servicers with whom institutions of...more

Husch Blackwell LLP

Department of Education to Hold Higher Ed Leaders Personally Liable for Title IV Compliance Failures

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On Thursday, the Department of Education announced that, in certain circumstances, it will require leaders of institutions to assume personal liability as a condition of Title IV Federal Student Aid participation....more

Husch Blackwell LLP

Update: U.S. Department of Education Third-Party Servicer Guidance

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UPDATE: On February 28, 2023, the Department updated the Dear Colleague Letter issued February 15, 2023 to establish a future effective date for the guidance, extend the public comment period, and extend the reporting...more

Orrick, Herrington & Sutcliffe LLP

States file brief in support of Biden’s student loan debt-relief program

On January 11, a coalition of 22 state attorneys general from Massachusetts, California, Colorado, Connecticut, Delaware, the District Of Columbia, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, New Jersey, New...more

Hogan Lovells

Updated U.S. Department of Education guidance on Section 117 Foreign Gift and Contract requirements

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This advisory summarizes Section 117 requirements and enforcement, highlights key aspects of the updated guidance, and identifies considerations for higher education institutions given the U.S Department of Education’s...more

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