On April 11, 2023, the U.S. Department of Education (the “Department”) announced that it would further delay implementation of its controversial “third-party servicer” (“TPS”) guidance, which was released this February. It also provided significant policy clarifications to the regulated community
Regucation
Regucation, published by Thompson Coburn, focuses on legal developments and regulatory issues affecting higher education institutions. The blog covers topics such as federal education policy, compliance with Department of Education regulations, Title IX training and enforcement, financial aid rules including FAFSA deadlines, nonprofit status challenges for universities, and litigation trends impacting colleges and universities. It also addresses labor and employment law as it relates to higher education, intellectual property concerns, and risk management strategies for educational institutions. The content is aimed at helping higher education administrators, legal counsel, and policymakers navigate the complex legal landscape surrounding postsecondary education.
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FSA issues GLBA Safeguards Rule guidance
In February, the Federal Student Aid (FSA) office of the U.S. Department of Education issued Electronic Announcement General-23-09 on the updated and strengthened requirements of the Federal Trade Commission’s (FTC) Gramm-Leach-Bliley Act Safeguards Rule. The new Electronic Announcement summarizes many of the
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ED issues significant third-party servicer guidance and launches review of Incentive Compensation Rule
Last week, the U.S. Department of Education made important announcements regarding oversight of “third-party servicers” and enforcement of its incentive compensation rule. In this post, we consider each of these announcements and their likely impact on the regulated community. Updated third-party
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ED publishes new resource reiterating Title IX’s requirement to prohibit discrimination on the basis of pregnancy
On October 4, 2022, the U.S. Department of Education (the “Department”) released new guidance for students and schools on Title IX’s prohibition of discrimination based on pregnancy and pregnancy-related conditions (the “Guidance”). As outlined in a memorandum from the White
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Consumer Financial Protection Bureau tells institutional lenders to cease withholding transcripts
The use of transcript holds at institutions of higher education as a debt collection tool has recently become the subject of much debate and scrutiny. Because a transcript hold is one of the few levers that institutions have to address
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Department of Education proposes sweeping revisions to Borrower Defense to Repayment rule
By Aaron Lacey, Jeff Fink & Hope Watson
On July 6, 2022, the U.S. Department of Education (the “Department”) released the unofficial version of its proposed rewrite of the borrower defense to repayment (“BDR”) rule. The BDR rule details the process by which former students can seek to…
Department of Education agrees to mass granting of BDR applications to settle lawsuit
By Jeff Fink, Aaron Lacey & Hope Watson
Since 2019, the U.S. Department of Education has been the defendant in a federal class action lawsuit in San Francisco, Sweet, et al. v. Cardona, in which the plaintiffs requested that the court order the Department to adjudicate pending borrower…
U.S. Department of Education unveils proposed revisions to Title IX regulations
On June 23, 2022, the U.S. Department of Education (the “Department”) released its long anticipated proposed rule under Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs or activities receiving…
New GAO report signals increased scrutiny of Higher Ed contracts with online program managers
On May 5, 2022, the U.S. Government Accountability Office (GAO) released a long awaited report scrutinizing the U.S. Department of Education’s (ED) oversight of relationships between institutions of higher education and Online Program Managers (OPMs). The Report, titled Education Needs…
Negotiated rulemaking and the new 90/10 rule
A year ago, President Biden signed into law the American Rescue Plan Act of 2021, which amended the longstanding “90/10 rule” enforced by the U.S. Department of Education (the “Department”). Under the current rule, to remain eligible to participate in…