Anthony J. Guida Jr.

On July 1, 2026, the U.S. Department of Education published a final rule implementing a new Title IV-program earnings premium measure established by Congress one year ago in the Working Families Tax Cut Act. The final rule stays close to the consensus language agreed upon in the Department’s Accountability in Higher Education and Access through Demand-driven Workforce Pell negotiated rulemaking, with some important changes noted below after public comment following publication of the notice of proposed rulemaking. The final rule represents a fundamental shift for higher education by implementing for the first time a congressionally mandated earnings-based metric that applies to all Title IV institutions and all of their Title IV eligible programs.

Read the full Alert on the Duane Morris LLP website.

June 29, 2026June 29, 2026 by Anthony J. Guida Jr.

Federal Court Stays Department of Education’s Narrowed Definition of “Professional Degree” for Graduate Student Loan Limits

By Anthony J. Guida Jr., Katherine D. Brodie, Jen DeMay, Kristina Gill and John M. Simpson

On June 24, 2026—just one week before the July 1, 2026, effective date of the new student loan limits—the U.S. District Court for the District of Columbia issued a significant ruling in American Association of Nurse Practitioners v. McMahon and the consolidated case PA Education Association v. Department of Education, staying in part implementation of the U.S. Department of Education’s new regulatory definition of “professional degree.” The stay prevents the Department from enforcing its narrowed definition, which would have limited the categories of graduate students eligible for higher federal student loan limits under the Working Families Tax Cuts Act (also known as the “One Big Beautiful Bill Act”), pending resolution of the litigation.

Read the full Alert on the Duane Morris LLP website.

February 4, 2026July 13, 2026 by Anthony J. Guida Jr.

Public Comment Period Open on Proposed Rulemaking to Amend Federal Student Loan Programs

On January 29, 2026, the U.S. Department of Education published a notice of proposed rulemaking (NPRM) to amend regulations for federal student loan programs based on the recent enactment of HR 1 (P.L. 1119-21), sometimes referred to as the “One Big Beautiful Bill Act” (the “Reconciliation Act”). The Department established two negotiated rulemaking committees for the implementation of the Reconciliation Act. The first committee, the Reimagining and Improving Student Education (RISE) Committee, reached consensus on November 6, 2025, on the entire package of loan-related changes, including federal student-loan limits, repayment plans and the elimination of the Graduate/Professional PLUS Loan program.

Read the full Alert on the Duane Morris LLP website.

January 23, 2026January 23, 2026 by Anthony J. Guida Jr.

Department of Education Narrows PPA Owner-Signature Enforcement but Leaves Core Statutory Issue Unresolved

On January 16, 2026, the U.S. Department of Education issued an Electronic Announcement, “Program Participation Agreement Signature Requirements” (GEN-26-04), addressing the general circumstances under which an owner-entity of a Title IV-eligible institution may be required to sign a program participation agreement (PPA) under Section 498 of the Higher Education Act (HEA), codified at 20 U.S.C. § 1099c. The announcement was issued in connection with the Department’s settlement of litigation in Hannibal-LaGrange University v. U.S. Department of Education, 2:25-cv-00042 (E.D. Mo. 2025), which challenged the legality of the Department’s 2023 amendment to 34 C.F.R. § 668.14(a)(3)(ii).

Read the full Alert on the Duane Morris LLP website.

September 10, 2025September 10, 2025 by Anthony J. Guida Jr.

Higher Education: Finding Investment Opportunities in Disruption

The U.S. higher education sector is in the midst of unprecedented transformation. Once defined by expansion and access, the industry now finds itself at a crossroads, shaped by sweeping federal policy changes, heightened demand for workforce-aligned credentials, and rapid advances in artificial intelligence. Anthony Guida, Partner and Education Industry Practice Lead at Duane Morris, authored the white paper “Higher Education: Finding Investment Opportunities in Disruption,” which was published by Houlihan Lokey, a leading independent global advisory firm.

Read the full paper here.