News & Analysis as of

Students Title IV

Bond Schoeneck & King PLLC

Student Financial Aid Regulations May Require Additional Reporting of Transactions Involving Trustees and Employees

On July 1, 2024, revised regulations governing federal student financial assistance programs became effective. The regulations, which can be found at 34 C.F.R. 668.23(d), require institutions that participate in the federal...more

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

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 10, December 2023

In this final edition of the year, we cover the following issues of import for educational institutions: - CFPB scrutiny of college-sponsored financial products; - Changes ahead for Title IV program participants and...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

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

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

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

Cooley LLP

Blog: 90/10 Provisions of American Rescue Plan Act of 2021 Brings Major Change

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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

Hogan Lovells

Doing your homework when offering online programs internationally

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The COVID-19 pandemic has sparked renewed interest in offering online programs, both in the United States and internationally, as a means for students to continue their studies on an uninterrupted basis. The U.S. Department...more

Cooley LLP

Blog: Managing COVID-19 Disruption: ED Updates Guidance for Changes and Interruptions of Study

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The US Department of Education (ED) has issued an update to its March 5 guidance for interruptions of study related to COVID-19. The updated information is included as an attachment to the March 5 guidance, containing 10...more

Bricker Graydon LLP

COVID-19 update: U.S. Department of Education issues Title IV guidance

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On March 5, 2020, the U.S. Department of Education’s Office of Postsecondary Education issued an announcement, “Guidance for interruptions of study related to Coronavirus (COVID-19),” to address concerns arising with respect...more

Hogan Lovells

U.S. Department of Education provides COVID-19 guidance for colleges and universities

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On 5 March 2020, the U.S. Department of Education (ED) published an electronic announcement to provide guidance on compliance with federal student financial aid (Title IV) requirements in connection with students for whom...more

Ballard Spahr LLP

Dept. of Ed close to releasing proposal that would facilitate income share agreement programs at selected Title IV schools

Ballard Spahr LLP on

My colleagues and I have the privilege of advising numerous clients on income share agreements (ISAs), including universities, service providers, and institutional investors. So we were excited by reports that the U.S....more

Cooley LLP

Blog: ED Reinstates Title IV Eligibility to California Students

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Putting an end to a crisis that jeopardized access to Title IV to 80,000 California students, on Friday, Acting Under Secretary of Education Diane Auer-Jones wrote to the head of the California Department of Consumer Affairs...more

Hogan Lovells

U.S. Department of Education and state of California attempt to reach accord to restore Title IV eligibility to California...

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As widely reported in the news and as discussed in our recent webinar, on 22 July 2019 the U.S. Department of Education (ED) notified institutions that, as a result of the U.S. District Court ruling in NEA v. DeVos, ED's 2016...more

Saul Ewing LLP

Strategies for Dealing with the Title IV Ineligibility of CA-Resident Students Under the Retroactive Distance Education Rule

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On Monday, July 22, 2019, the Federal Student Aid Office of the U.S. Department of Education (ED) announced that the Distance Education Rules that were originally scheduled to go into effect on July 1, 2018, and were then...more

Cooley LLP

Blog: Department Announces California Residents at Out-of-State Public and Nonprofit Institutions Ineligible for Federal Student...

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The Department of Education issued guidance yesterday that ED’s regulations prohibit California residents enrolled in distance education programs at out-of-state public and nonprofit institutions from receiving federal...more

Cooley LLP

Blog: California Jumps in With Sweeping Regulatory, Statutory Proposals Affecting VA Benefits, Other Issues

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With the perceived loosening of regulatory controls at the federal level, many states are stepping in with aggressive legislative and regulatory action. Leading the charge is California, where a legislative package of seven...more

Cooley LLP

Blog: ED Begins Authorization for Foreign Locations of Domestic Institutions

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In a surprise move on Friday, the Department of Education announced the portion of the proposed distance education rule relating to authorization of foreign locations of domestic institutions went into effect on July 1, 2018....more

Cooley LLP

Blog: Increased Student Samples, Student Confirmations and Site Visits Mean Expanded Audits Under ED’s New Audit Guide

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As described in our previous posts about ED’s new Audit Guide for annual Title IV compliance audits, the new auditing requirements include expanded testing in many compliance areas, such as gainful employment, incentive...more

Cooley LLP

Blog: New ED Audit Guide Now Requires Extensive Gainful Employment Compliance Testing

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As noted in our previous blog post on ED’s new Audit Guide, for the first time ED is requiring that independent audit firms conduct extensive testing relating to Gainful Employment (GE) data reporting and mandated disclosures...more

Hogan Lovells

U.S. Department of Education Issues Final Regulations Regarding Teacher Preparation Programs

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On October 31, 2016, the U.S. Department of Education (ED) published final regulations regarding teacher preparation programs, implementing the accountability provisions of Title II of the Higher Education Act (HEA) and...more

Cooley LLP

Alert: California Approves Pathway for Non-Profit Institutions to Maintain Exemption from State Oversight

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Governor Jerry Brown has now signed into law Senate Bill 81, which included language amending the California Private Postsecondary Education Act of 2009 (the "Act") to permit "independent institutions of higher education"...more

Cooley LLP

Alert: No 11th Hour Reprieve: GE Rules Upheld

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With a second court ruling in late June in favor of the U.S. Department of Education, the Gainful Employment Rules ("GE Rules") took effect on July 1, 2015. The GE Rules will, ultimately, provide new challenges to the...more

Cooley LLP

Alert: Recent Developments on State Authorization at Department of Education and in California

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The US Department of Education ("ED" or "the Department") has decided against an earlier plan to send letters to every institution believed to be out-of-compliance (or rather, located in a state that is considered...more

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