On July 11, the United States Court of Appeals for the Third Circuit (with appellate jurisdiction over federal courts in Delaware, New Jersey and Pennsylvania) issued a decision in Johnson v. National Collegiate Athletic...more
Welcome to the sixth issue of The Academic Advisor – our e-newsletter focused on education law insights. For this mid-summer edition, we take a deeper look at the newest developments regarding the 2024 amendments to...more
On January 2, 2024, the Department of Education (DOE) released six issue papers that contain a range of proposals to ensure institutions of higher education and federal student aid programs best serve students. The issue...more
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
Good nonprofit governance is challenging. It involves crafting and implementing smart policies that can be clearly communicated and anticipate future problems. This is easier said than done, especially with unpaid boards and,...more
On November 9, the DOE announced it is outlining a framework for how it will increase borrower support and ensure student loan servicers are accountable for errors. Richard Cordray, Federal Student Aid (FSA) Chief Operating...more
U.S. Department of Education Takes Action Against Five Schools for Disbursing Federal Student Aid to Students Enrolled in Unaccredited Programs - “The settlement agreements include the payment of liabilities for all five...more
On February 9, 2023, the Department of Education Office of Federal Student Aid (“FSA”) issued an electronic notice regarding the Federal Trade Commission’s Final Rule amending the Standards for Safeguarding Customer...more
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
UPDATE: On April 11, the Department of Education (Department) published a blog post updating the latest Third-Party Services (TPS) Dear Colleague Letter (DCL) which was published on February 15, 2023 (updated February 28,...more
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
On March 2, 2023, the U.S. Department of Education announced it will hold individuals representing corporations or other legal entities, including a member of the board of directors or a chief executive officer, personally...more
With only four months left before most changes to the federal Standards for Safeguarding Customer Information (“Safeguards Rule”) – a component of the Gramm-Leach Bliley Act (“GLBA”) that provides for the protection of...more
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
Having stood up and promoted the whistleblower program at the CFPB, it appears that Richard Cordray may now be taking similar steps at Federal Student Aid (“FSA”). On November 10, the Department of Education (“ED”) and FSA...more
In a letter to Secretary of Education Miguel Cardona and Department of Education (ED) Analyst Brian Schelling, a coalition of AGs from twenty states and the District of Columbia submitted comments on ED’s proposed rulemaking...more
On July 19, 2022, the U.S. Department of Education (the Department) issued three new guidance documents pertaining to institutions adding or changing an institutional accreditor. This new guidance was announced by Department...more
On April 19, one day before the release of a highly critical performance audit by the U.S. Government Accountability Office, the Department of Education (ED) announced a series of actions it is taking to “address[] historical...more
In the wake of NCAA v. Alston, a student-athlete’s education-related benefits may impact the amount of Federal Student Aid the student-athlete receives. According to the U.S. Department of Education rules, a student who...more
On January 20, 2022, the Consumer Financial Protection Bureau (CFPB) announced new efforts to examine postsecondary schools’ institutional lending programs. Many colleges and universities offer in-house student loans,...more
After nearly one year of advocacy efforts and watchful waiting by education associations and other stakeholders, Congress has now confirmed via legislation that institutions may approach incentive payment requirements for...more
With the return to repayment of federal student loans on February 1, 2022 quickly approaching, the Department of Education’s Office of Federal Student Aid (FSA) recently notified the private collection agencies (PCAs) under...more
Bankruptcies Trending Down in West Virginia, but for How Long? "Then from June 2020 to June 2021, in the heart of the pandemic, those numbers dropped even more." Why this is important: From 2016 to 2019, there was an...more
Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients...more
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