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Brooks Pierce

Trump Administration’s Efforts to Dismantle the U.S. Department of Education

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Executive Order Asserting that “the experiment of controlling American education through Federal programs and dollars” has “plainly failed our children,” on March 20, 2025, President Trump signed an Executive Order directing...more

Snell & Wilmer

Trump Signs Order Aimed at the Department of Education – Potential Impacts on Schools, Students, and the Future of Federal...

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On March 20, 2025, President Donald Trump signed an executive order initiating the process to dismantle the U.S. Department of Education (DOE) — a historic move that could fundamentally reshape oversight of education in the...more

Ballard Spahr LLP

CFPB Student Loan Ombudsman: servicer errors plague student loan program

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The CFPB’s Student Loan Ombudsman has released his annual report, again emphasizing complaint volume without investigating all complaints, suggesting that states should acquiesce when the Department of Education promulgates...more

Ballard Spahr LLP

Federal Judges Block Biden Student Loan Forgiveness Plan

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Two federal judges recently said that the Education Department lacked the power to reduce or cancel federal student loans under the SAVE program; an appeals court subsequently lifted the injunction in one case....more

Orrick, Herrington & Sutcliffe LLP

Biden announces student debt cancellation for borrowers who attended “predatory” institutions

On May 1, the Biden Administration announced the approval of $6.1 billion in student debt cancellation for 317,000 borrowers who attended a system of art schools, which the Administration accused of engaging in deceptive...more

McGuireWoods LLP

Fifth Circuit Continues Nationwide Preliminary Injunction Against “Almost Certainly Unlawful” Borrower Defense Rule

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On April 4, 2024, the U.S. Court of Appeals for the Fifth Circuit issued its opinion in CCST v. U.S. Dept. of Education, reversing the order of the U.S. District Court for the Western District of Texas, and granting a...more

Ballard Spahr LLP

Appellate court upholds $21 million judgment against for-profit college regarding unfair competition and false advertising claims

Ballard Spahr LLP on

On February 20, 2024, the California Court of Appeal largely affirmed an eight-figure judgment against Ashford University (“Ashford”), an on-line, for-profit college, and its parent company, Zovio, Inc. (formerly Bridgepoint...more

Troutman Pepper Locke

Department of Education Cancels $5B More in Unpaid Student Loans

Troutman Pepper Locke on

The U.S. Department of Education (ED) recently announced the approval of an additional $4.9 billion in student loan forgiveness for 73,000 individuals. The relief was provided through several modifications to the...more

Faegre Drinker Biddle & Reath LLP

ED Adopts New Financial Value Transparency and Gainful Employment Requirements

On October 10, 2023, the U.S. Department of Education (ED) published a Final Rule in the Federal Register (88 FR 70004) adopting new “Financial Value Transparency” (FVT) reporting and disclosure requirements for nearly all...more

Orrick, Herrington & Sutcliffe LLP

Biden Administration, DOE withhold payments to student loan servicers

On January 5, the Biden Administration and the U.S. Department of Education (DOE) announced they are withholding payments to three student loan servicers as part of their efforts to strengthen protections for student loan...more

Bond Schoeneck & King PLLC

Second Circuit Litigation Threatens to Further Confuse Regulatory Standards Applied to Borrower Defense Applications

The Second Circuit Court of Appeals released a new decision in the NYLAG v. Cardona et al. case that may have implications for the everchanging legal and regulatory environment of Borrower Defense to Repayment (BDR) claims....more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 10, December 2023

In this final edition of the year, we cover the following issues of import for educational institutions: - CFPB scrutiny of college-sponsored financial products; - Changes ahead for Title IV program participants and...more

Troutman Pepper Locke

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

Bond Schoeneck & King PLLC

Colleges and Universities Experience a Surge of Borrower Defense to Repayment Claims

Over the past several months, institutions of higher education (IHE) have seen an influx of Borrower Defense to Repayment (BDR) applications from former students....more

Brownstein Hyatt Farber Schreck

Understanding the Student Loan Debt Policy Landscape

As part of its pledge to improve student loan programs and advance diversity and opportunity in higher education, the Biden administration has forgiven a total of $127 billion in student debt for 3.6 million borrowers,...more

Bowditch & Dewey

Department of Education Notification of Borrower Defense Claims

Bowditch & Dewey on

Higher education clients who accept federal student loans may have recently received emails from the Department of Education (“Department”) notifying them of borrower defense claims seeking to avoid loan repayment obligations...more

Ballard Spahr LLP

Biden loan forgiveness alternatives face new challenge

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Less than six weeks after the U.S. Supreme Court held that President Biden lacked authority to advance his signature effort to forgive upwards of $430 billion in federal student loans, a new challenge has been filed to other...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court blocks student debt relief program

On June 30, the U.S. Supreme Court issued a 6-3 decision in Biden v. Nebraska, striking down the Department of Education’s (DOE) student loan debt relief program (announced in August and covered by InfoBytes here) that would...more

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

High Court Strikes Down President Biden’s Student Loan Relief Program

The Supreme Court of the United States, on June 30, 2023, struck down President Biden’s student loan relief program that was set to provide partial debt cancellation to approximately 40 million student loan borrowers. As a...more

Faegre Drinker Biddle & Reath LLP

ED Proposes Expansive “Financial Value Transparency and Gainful Employment” Regulations Affecting All Title IV-Participating...

On May 19, 2023, the U.S. Department of Education (ED) published a Notice of Proposed Rulemaking (the Proposed Rule) in the Federal Register that would substantially amend and expand the regulatory requirements to which all...more

Maynard Nexsen

U.S. Department of Education Issues Proposed Regulations

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Formal Package Addresses Gainful Employment and Financial Value Transparency, Financial Responsibility, Administrative Capability, Certification and Ability to Benefit...more

Faegre Drinker Biddle & Reath LLP

Revised ED Regulations on Borrower Defense, Other Student Loan Matters Take Effect July 1

On November 1, 2022, the U.S. Department of Education (the Department) published in the Federal Register a final rule (the Final Rule) revising its regulations that govern multiple student loan discharge standards and...more

Venable LLP

Biden's Student Loan Forgiveness Plan in Peril

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The Supreme Court heard arguments on February 28, 2023 in two cases that will decide the future of President Biden's student loan forgiveness plan. The cases, Biden v. Nebraska and U.S. Department of Education v. Brown,...more

Jenner & Block

Client Alert: Ten Major Issues Facing Higher Education Institutions in 2023

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The last few years have been eventful and, at times, difficult ones for institutions of higher education. Institutions have been deeply impacted by issues ranging from the COVID-19 pandemic, to debates over free speech, to...more

Cooley LLP

Borrower Defense to Repayment 4.0

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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

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