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
On September 14, 2023, the Consumer Financial Protection Bureau (CFPB) released a report on financial risks to students associated with school-issued tuition payment plans. Although the report acknowledges that many tuition...more
More than a year after the Department of Education (ED) completed its negotiated rulemaking covering an array of regulations related to institutional and programmatic eligibility for federal financial aid, ED published a...more
A number of amendments to the governing statute of the California Bureau for Private Postsecondary Education (BPPE) took effect January 1, 2023, impacting in-state and out-of-state institutions. The BPPE recently posted a...more
On April 11, 2023, the US Department of Education (ED) announced that it will modify and further delay the implementation of its controversial guidance on third-party servicer (TPS) issues.
This latest update comes in...more
The Department of Education has extended the timeline for implementation of its February 15 Dear Colleague Letter, which substantially expanded the “third-party servicer” definition under the Title IV regulations....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
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
On October 13, 2022, the Consumer Financial Protection Bureau (CFPB) issued its annual report concerning banking products offered to students by financial institutions partnering with institutions of higher education (IHEs)....more
*COMMENTS DUE THIS WEEK*
On July 28, 2022, the US Department of Education (ED) published a Notice of Proposed Rulemaking (NPRM) to amend its 90/10 and change of ownership and control regulations.
ED is accepting...more
The California Legislature passed a number of bills during the 2021 session impacting the Bureau for Private Postsecondary Education (BPPE) and institutions subject to the BPPE’s oversight. Senate bills 607, 802 and 803 all...more
The Biden Administration releases guidance letter regarding recent Federal District Court case impact on enforcement of the regulations, and reminds constituents of the its commitment to ensure students are guaranteed an...more
On March 31, the Department of Education’s Office of Inspector General (ED OIG) issued the Guide for Compliance Attestations Engagements for Proprietary Schools Expending Higher Education Emergency Relief Fund Grants (Guide)...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
In case you are still in holiday mode, we wanted to send out a reminder on two upcoming important Higher Education Emergency Relief Fund (HEERF) reporting deadlines.
First: January 10, 2021 due date for the website posting...more
In our October 8, 2020 blog post, we provided a summary of the recent Higher Education Emergency Relief Fund (HEERF) guidance issued by the Department of Education regarding the uses of the HEERF institution funds and the...more
Since the CARES Act created the Higher Education Emergency Relief Fund (HEERF) in April 2020, institutions have faced an ever-changing landscape of new and shifting guidance. We posted a number of articles over the past few...more
Following up on our blog post of September 1, Governor Newsom has signed AB70 into law. This bill impacts how nonprofit and public institutions will be recognized under the California Private Postsecondary Education Act of...more
Despite the pandemic and the resulting abbreviated legislative docket in 2020, the California Assembly managed to resurrect one of its stalled bills from 2019 and successfully move it through both houses. It is now “enrolled”...more
On April 3, the US Department of Education released additional guidance for institutions responding to the COVID-19 pandemic. The guidance provides some new information but primarily consolidates much of the previous...more
As we detailed in our most recent post on this topic, out of an original package of seven, three private higher education bills made it through the California legislative process and went to the governor for his approval in...more
On September 11, we published a detailed look at the portion of the Department of Education’s long-awaited revised Borrower Defense to Repayment Rule (BDTR) that focused on the elements directly impacting institutional...more
After announcing plans for a new rule last summer, only to miss the publication deadline, the Department of Education (ED) has – albeit still unofficially – issued its long awaited new update to the borrower defense to...more
After returning from recess on August 12, the California Senate Appropriations Committee took up the package of six remaining higher education bills intended to address concerns about private postsecondary education providers...more
The California Legislature began its summer recess on July 12 with a package of bills with broad implications for all institutions operating under BPPE authority still awaiting further Senate action. All seven of the original...more