Jonathan Helwink – UpdateED

October 15, 2021 by Jonathan Helwink

U.S. Department of Education Negotiated Rulemaking – Session One Recap: Part Three

To close out this series of summaries of the first session of Negotiated Rulemaking, today UpdateEd looks at the U.S. Department of Education’s proposed changes to regulations regarding pre-dispute arbitration and class action waivers. We will also analyze the “neg reg” session as a whole.

As identified in the Department’s issue paper (see here), the proposed changes to pre-dispute arbitration and class action waivers are very significant, constituting a return to the 2016 BDR rule’s prohibitions as well as the addition of new provisions. Proposed changes are as follows. Continue reading “U.S. Department of Education Negotiated Rulemaking – Session One Recap: Part Three”

October 14, 2021 by Jonathan Helwink

U.S. Department of Education Negotiated Rulemaking – Session One Recap: Part Two

Yesterday, October 14, 2021, UpdateED published the first of a three-part recap of last week’s U.S. Department of Education Negotiated Rulemaking Session, focusing on the proposed Borrower Defense to Repayment provisions. (see here)

Up today: the proposed changes to Closed School Loan Discharges (CSLD) and False Certification Discharges (FCD). Continue reading “U.S. Department of Education Negotiated Rulemaking – Session One Recap: Part Two”

October 13, 2021 by Jonathan Helwink

U.S. Department of Education Negotiated Rulemaking – Session One Recap

On Friday, October 8, 2021, the U.S. Department of Education wrapped up its first week-long session of the (virtual) Affordability and Student Loan Negotiated Rulemaking. The Department’s agenda (see here) kicked off with a discussion of each of the twelve issue papers, some with proposed regulatory language, provided to the committee prior to the beginning of the sessions. Continue reading “U.S. Department of Education Negotiated Rulemaking – Session One Recap”

September 29, 2021 by Jonathan Helwink

USDE: The Era of “Rule by Letter” is…Back?

On September 7, 2017, in remarks about the previous administration’s approach to Title IX, former U.S. Secretary of Education, Betsy DeVos announced that “the era of rule by letter” was over. On Monday, Secretary Cardona’s Department announced that the culmination of that DeVos deregulatory effort would be rescinded. Continue reading “USDE: The Era of “Rule by Letter” is…Back?”

August 10, 2021 by Jonathan Helwink

Duane Morris Analyzes USDE’s Notice Establishing Negotiated Rulemaking Committee and First Round of Negotiation Topics

On August 6, 2021, the U.S. Department of Education (USDE) announced that it would be establishing a negotiated rulemaking committee, entitled the “Affordability and Student Loans Committee,” that will, starting in October, meet to begin rewriting certain Title IV-related regulations. The announcement also included a schedule for the virtual negotiation sessions and instructions on how to submit nominations for committee, subcommittee, and advisor spots. The full announcement, officially published on August 10, can be found here.

Continue reading “Duane Morris Analyzes USDE’s Notice Establishing Negotiated Rulemaking Committee and First Round of Negotiation Topics”

August 6, 2021 by Jonathan Helwink

USDE Publishes Six Proposed Priorities, Gives Insight Into Biden Administration’s Agenda

On June 30, 2021, the U.S. Department of Education (USDE) published a list of six proposed priorities regarding discretionary grant programs for Secretary Cardona and the Biden Administration’s education agenda. While the priorities mostly cover K-12 issues and a policy response to COVID-19, one particular entry (Priority #5) may provide insight into the Department’s thinking regarding the upcoming regulatory agenda, which is set to kick off later this month.

Continue reading “USDE Publishes Six Proposed Priorities, Gives Insight Into Biden Administration’s Agenda”

April 6, 2021 by Jonathan Helwink

Another Hint? Interpreting How the Biden Administration Will Approach Title IX Regulations

On April 6, the Department of Education’s Office for Civil Rights (OCR) issued a new letter to students, educators, and stakeholders indicating the process that the Biden Administration will be undertaking on the issues surrounding the Title IX regulations. While light on details, the letter does provide a roadmap for OCR’s next steps and what colleges and universities can expect in the Title IX regulatory arena in the near future. Continue reading “Another Hint? Interpreting How the Biden Administration Will Approach Title IX Regulations”

March 22, 2021 by Jonathan Helwink

The Higher Education Provisions of The American Rescue Plan Act and What to Expect Next

On March 10, 2021, Congress passed the Biden Administration’s American Rescue Plan Act of 2021 (ARPA). Building on previous Congressional relief bills – the CARES Act and the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) – the ARPA commits significant resources to colleges and universities. In fact, the ARPA directs more money to institutions, in overall totals, than either of the CARES Act or the CRRSAA. Continue reading “The Higher Education Provisions of The American Rescue Plan Act and What to Expect Next”

March 19, 2021 by Jonathan Helwink

The 2019 Borrower Defense Rule Survives Summary Judgment (Mostly) Intact

On March 17, 2021, Southern District of New York Judge Lorna G. Schofield ruled that most of the 2019 Borrower Defense to Repayment Rule would survive cross-motions for summary judgement. On one issue, however, Judge Schofield ruled for the Plaintiff, the New York Legal Assistance Group (NYLAG), finding that the 2019 Rule’s three-year statute of limitations on defensive claims was not a logical outgrowth of and deviated too sharply from the 2018 Notice of Proposed Rulemaking. Continue reading “The 2019 Borrower Defense Rule Survives Summary Judgment (Mostly) Intact”

March 8, 2021March 8, 2021 by Jonathan Helwink

President Biden Issues Executive Order Directing U.S. Department of Education to Reassess Title IX Rules

On March 8, 2021, the Biden Administration published an Executive Order on “Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity.” In short, the EO requires the U.S. Department of Education to reassess how it directs college campuses to investigate sexual violence – specifically, the 2020 Title IX Rule, 85 FR 30026 – as well as other regulations related to Title IX. Continue reading “President Biden Issues Executive Order Directing U.S. Department of Education to Reassess Title IX Rules”