News & Analysis as of

Educational Institutions Financial Responsibility Standards

Holland & Knight LLP

New U.S. Education Department Rules Will Affect University Mergers, Acquisitions

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The U.S. Department of Education (ED) finalized new regulations last year that will take effect on July 1, 2024, directly impacting mergers and acquisitions involving higher education institutions. Specifically, the...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

Spilman Thomas & Battle, PLLC

Department of Education’s New Guidance on Personal Liability Requirements Leaves Uncertainty for Institutions

On March 1, 2023, the Department of Education (“DOE”) released guidance related to the instances in which it will require assumption of personal liability for an institution’s continued participation in Title IV programs....more

Hogan Lovells

U.S. Department of Education finalizes "borrower defense to repayment" rules effective 1 July 2020

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On 23 September 2019 the U.S. Department of Education (ED) published final regulations concerning, among other things, "borrower defense to repayment" claims for federal student loans first disbursed on or after 1 July 2020,...more

Ballard Spahr LLP

DOE Changes Student Borrower Defense Rules

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The U.S. Department of Education (DOE) released final regulations for student borrower defense-to-repayment claims on August 30, 2019. The regulations create a number of notable changes, including permitting education...more

Ballard Spahr LLP

Dept. of Education provides guidance on litigation trigger in “borrower defense” final rule’s financial responsibility standards

Ballard Spahr LLP on

In December 2018, the Department of Education announced that it would begin implementing its “borrower defense” final rule which was issued in November 2016.  ...more

Hogan Lovells

OIG: U.S. Department of Education Must Do More to Police the Financial Condition of Colleges and Universities

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Last week, The Chronicle of Higher Education reported that it had analyzed data released by the U.S. Department of Education (“ED”) and concluded that 177 private colleges and universities failed ED’s financial responsibility...more

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