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ED Delays Initial Financial Value Transparency and Gainful Employment Reporting Until October 1, and Releases Multiple Additional...

On March 29, 2024, the Department of Education (ED or the Department) issued both Dear Colleague Letter GEN-24-04 and Electronic Announcement GE-24-01, providing guidance on certain regulatory requirements of the Financial...more

U.S. Department of Education Publishes Guidance on Permissible Strategies to Increase Diversity and Opportunity in Higher...

In the wake of the U.S. Supreme Court’s decision in Students for Fair Admissions, many postsecondary institutions have engaged in a review of their recruiting, admissions, and other policies and procedures. To guide...more

Complying with Students for Fair Admissions: U.S. Departments of Education and Justice Issue Joint Guidance for Institutions

On August 14, 2023, the U.S. Department of Education (ED) and the Department of Justice (DOJ) jointly issued guidance to help postsecondary schools comply with the Supreme Court’s ruling in Students for Fair Admissions, Inc....more

Next Stage Considerations About the Supreme Court’s Affirmative Action Decision: How to Put the Warning Letter from the State...

As higher education institutions, state and local governments, private employers and federal contractors grapple with understanding the impacts of the U.S. Supreme Court’s decision in Students for Fair Admissions v. President...more

U.S. Supreme Court Invalidates Race-Conscious Admissions: Key Considerations for Postsecondary Institutions, Employers and Others

On June 29, 2023, the U.S. Supreme Court decided Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199, and Students for Fair Admissions, Inc. v. University of North Carolina et al., No....more

State Legislatures Targeting DEI in Higher Education

Recently, state legislatures across the country have considered legislation affecting diversity, equity and inclusion (DEI) initiatives in various settings, including at public and private colleges and universities. While...more

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

U.S. Department of Education Indefinitely Delays Expanded Third-Party Servicer Requirements

On April 11, 2023, the U.S. Department of Education (ED) indefinitely delayed the effective date of guidance regarding the scope of third-party servicer (TPS) requirements that it first published on February 15 and then...more

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

U.S. Department of Education Announces Updated Data Security Expectation for Postsecondary Institutions

On February 9, 2023, the U.S. Department of Education (Department) published Electronic Announcement General-23-09 (EA) summarizing updated requirements of the “Safeguards Rule” as adopted by the Federal Trade Commission...more

U.S. Department of Education Announces Personal Liability Requirements for Postsecondary Institutions Participating in Title IV...

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

U.S. Department of Education Substantially Expands Regulatory Oversight of Service Providers and Academic Partners to Higher...

On February 16, 2023, the U.S. Department of Education (ED) announced a substantially expanded interpretation of the activities which render an entity providing services to a higher education institution a Third-Party...more

U.S. Department of Education Proposes Revised Regulations on Borrower Defense and Other Student Loan Discharge Matters

On July 13, 2022, the U.S. Department of Education (the Department) published in the Federal Register a Notice of Proposed Rulemaking (the Proposed Rule) to revise its regulations governing student loan discharge standards...more

FTC Updates to “Safeguards Rule” Has Impacts for Higher Education Institutions

On December 9, 2021, the Federal Trade Commission (FTC) published a final rule amending the requirements for safeguarding customer information under the Gramm-Leach-Bliley Act (GLBA) (the Safeguards Rule). The Safeguards Rule...more

New U.S. Department of Education Regulations on Distance Education and Other Title IV Program Matters Effective July 1, 2021

On July 1, 2021, several new U.S. Department of Education (Department) final regulations resulting from its 2019-20 “Distance Education and Innovation” negotiated rulemaking went into legal effect, although certain of these...more

Over $21 Billion in Emergency Grant Aid Available to Higher Education Institutions and Students through HEERF II Funding Under the...

On December 27, 2020, the president signed into law the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA), which provides more than $81 billion in emergency support to elementary, secondary and...more

U.S. Department of Education Extends and Clarifies COVID-Related Waivers for Accrediting Agencies

In a recent Federal Register notice published December 11, 2020, the U.S. Department of Education announced a series of continuing waivers and modifications of statutory and regulatory provisions related to the COVID-19...more

Reminder to Higher Education Institutions of October 30 Deadline for CARES Act HEERF Institutional Fund Reports

As communicated in two email blasts from the U.S. Department of Education (ED) — first on September 23, 2020 and again on October 19, 2020 — postsecondary institutions that have received Higher Education Emergency Relief Fund...more

Revised Higher Education Reporting Requirements for CARES Act Emergency Financial Aid Grants to Students

On August 31, 2020, the U.S. Department of Education (ED) published a Federal Register notice revising its May 6, 2020, electronic announcement requiring higher education institutions to publish on their websites certain...more

Regulatory Agency and Selected Accreditor Resources for Higher Education Institutions Regarding COVID-19 Pandemic (Updated #7)

Updated as of August 27, 2020 - Higher education institutions worldwide are striving to meet their students’ educational needs while working to reduce and decelerate the spread of COVID-19, commonly known as the...more

Education Department Extends COVID-19 Regulatory Flexibilities for Title IV Programs; Announces Implementation of President’s...

On August 21, 2020, the U.S. Department of Education (ED) issued an electronic announcement extending the effective period for all previously issued regulatory flexibilities related to the COVID-19 national emergency. Those...more

Regulatory Agency and Selected Accreditor Resources for Higher Education Institutions Regarding COVID-19 Pandemic (Update #6)

Updated as of July 14, 2020 - Higher education institutions worldwide are striving to meet their students’ educational needs while working to reduce and decelerate the spread of COVID-19, commonly known as the coronavirus....more

New Supplemental Guidance and Deadlines Issued for Higher Education Emergency Relief Funds Under the CARES Act

The U.S. Department of Education (ED) has recently provided additional guidance and instructions in connection with the Higher Education Emergency Relief Fund (HEERF) provisions of the Coronavirus Aid, Relief and Economic...more

Regulatory Agency and Selected Accreditor Resources for Higher Education Institutions Regarding COVID-19 Pandemic (Update #5)

Updated as of June 5, 2020 - Higher education institutions worldwide are striving to meet their students’ educational needs while working to reduce and decelerate the spread of COVID-19, commonly known as the coronavirus....more

Regulatory Agency and Selected Accreditor Resources for Higher Education Institutions Regarding COVID-19 Pandemic (Update #4)

Updated as of June 5, 2020 - Higher education institutions worldwide are striving to meet their students’ educational needs while working to reduce and decelerate the spread of COVID-19, commonly known as the coronavirus....more

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