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Higher Education Act Title IV Department of Education

Husch Blackwell LLP

Financial Value Transparency/Gainful Employment Reporting Delay & Guidance

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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

Husch Blackwell LLP

The Long and Winding Road to the New Financial Value Transparency and Gainful Employment Rules

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Effective July 1, 2024, institutions of higher education participating in Title IV Federal Student Aid programs must comply with the U.S. Department of Education’s (Department) Financial Value Transparency and Gainful...more

Holland & Knight LLP

U.S. Department of Education Issues New Certification Procedures for Federal Financial Aid

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The U.S. Department of Education (Department) issued final rules on Oct. 24, 2023, imposing new conditions that higher education institutions must satisfy to participate in federal student aid programs under Title IV of the...more

Holland & Knight LLP

New Administrative Capability Requirements Announced for Colleges and Universities

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The Biden-Harris Administration on Oct. 24, 2023, issued final rules detailing important obligations for higher education institutions that receive federal funding. (Codified at 34 C.F.R. § 668 et seq.) The final regulations...more

Troutman Pepper

Biden-Harris Administration Amends Higher Education Act to Address College Closures and Withholding Transcripts

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On October 24, the Biden-Harris administration announced amendments to the regulations implementing title IV of the Higher Education Act of 1965 (HEA). According to the fact sheet, the amendments are intended to allow the...more

Alston & Bird

New Regulations Proposed by the Department of Education Will Impact Proprietary and Nonproprietary Schools Alike

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Our Education Team delves into new proposed regulations that would bring a substantial change to the way Title IV is administered. New gainful employment regulations are more complex than Obama-era versions....more

Faegre Drinker Biddle & Reath LLP

ED Proposes Significant Revisions to Title IV Certification, Financial Responsibility and Administrative Capability Requirements

On May 19, 2023, the U.S. Department of Education (ED) published in the Federal Register a Notice of Proposed Rulemaking (the Proposed Rule) to substantially change or expand a host of regulatory requirements concerning...more

Alston & Bird

Department of Education Issues Guidance on the Revised 90/10 Rule

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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

Faegre Drinker Biddle & Reath LLP

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

Bond Schoeneck & King PLLC

U.S. Department of Education Updates List of Functions Covered by Third-Party Servicer Requirements under Federal Financial Aid...

The U.S. Department of Education (Department) recently surprised the higher education community with a Dear Colleague Letter (DCL GEN-23-03) that sets forth new guidance on third-party servicers with whom institutions of...more

Husch Blackwell LLP

Department of Education to Hold Higher Ed Leaders Personally Liable for Title IV Compliance Failures

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On Thursday, the Department of Education announced that, in certain circumstances, it will require leaders of institutions to assume personal liability as a condition of Title IV Federal Student Aid participation....more

Husch Blackwell LLP

Update: U.S. Department of Education Third-Party Servicer Guidance

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UPDATE: On February 28, 2023, the Department updated the Dear Colleague Letter issued February 15, 2023 to establish a future effective date for the guidance, extend the public comment period, and extend the reporting...more

Faegre Drinker Biddle & Reath LLP

Proposed Rule From U.S. Department of Education Affects Changes of Ownership and Control, 90/10 Rule and Other Title IV...

On July 28, 2022, the U.S. Department of Education (the Department) published in the Federal Register a Notice of Proposed Rulemaking (the Proposed Rule) to amend its regulations concerning changes in institutional ownership...more

Holland & Knight LLP

U.S. Department of Education Cautions Colleges and Universities on Program Arrangements

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To increase enrollments and lower operating costs, many colleges and universities oftentimes partner with outside companies to provide portions of their academic programs online or on-campus. Serious legal risks may arise...more

Hogan Lovells

Department of Education embarks on negotiated rulemaking

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On October 4, 2021, the U.S. Department of Education (ED) commenced the first of five negotiated rulemaking sessions. The five sessions are focused on the federal student financial aid programs authorized under Title IV of...more

Ballard Spahr LLP

State AGs sue Dept. of Education to invalidate 2019 “Institutional Accountability Regulations” allowing use of pre-dispute...

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A group of 22 state attorneys general joined by the District of Columbia AG filed a lawsuit in a California federal district court against Secretary of Education Betsy DeVos and the U.S. Department of Education (ED) seeking...more

Cooley LLP

Blog: ED Announces New System for Institutions to Report Foreign Ownership, Contracts and Gifts

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On June 22, the United States Department of Education announced its new information collection system for postsecondary institutions that participate in the Title IV programs to comply with the foreign owner, contract and...more

Cooley LLP

Blog: Managing COVID-19 Disruption: Title IV Processing

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On March 5, the US Department of Education issued guidance on Title IV processing flexibilities associated with the response to COVID-19 and has set up a website dedicated to COVID-19 related issues....more

Faegre Drinker Biddle & Reath LLP

U.S. Department of Education Releases Guidance for Title IV Participating Institutions Regarding Coronavirus

On March 5, 2020, the U.S. Department of Education (ED) released formal guidance for institutions regarding their compliance with the Title IV federal student aid program requirements in the context of the coronavirus...more

Ballard Spahr LLP

DOE Signals Renewed Commitment to Enforcement of Foreign Gift Reporting Requirements

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The U.S. Department of Education (DOE) recently announced that it is launching an investigation into the foreign gifts reporting practices of two higher education institutions. ...more

Ballard Spahr LLP

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

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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

U.S. Department of Education provides guidance on implementation of 2016 "borrower defense to repayment" regulations

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On 15 March 2019 the U.S. Department of Education (ED) issued an Electronic Announcement to provide guidance to colleges and universities about selected provisions contained in final regulations often referred to as the...more

Ballard Spahr LLP

Dept. of Education issues guidance on arbitration ban

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Last month, the Department of Education issued guidance on implementation of its “borrower defense” final rule that was issued in November 2016 and the subject of litigation that resulted in an October 2018 federal district...more

Hogan Lovells

U.S. regulation of "foreign schools": Selected considerations for institutions participating in the U.S. Student Assistance...

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Under U.S. federal law, known as the Higher Education Act (HEA), eligible U.S. students may receive federal student aid to help pay for education expenses incurred to attend approved higher education institutions, including...more

Ballard Spahr LLP

Student Loan Advocacy Group Pushes Department of Education to Increase Oversight of For-Profit Colleges and Contractors

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The Student Borrower Protection Center (SBPC)—an organization established by former CFPB Student Loan Ombudsman Seth Frotman—recently published an article examining the Department of Education’s oversight of “lead...more

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