U.S. Department of Education Proposes Massive Rewrite of Title IV Regulations

Later this month the Department of Education will embark on the first steps towards a massive rewrite of programs authorized by Title IV of the Higher Education Act of 1965. The Department is seeking input on a wide range of federal higher education topics, as identified in the notice, as well as input on how the Department could address gaps in postsecondary outcomes such as retention, completion, loan repayment, and student loan default by race, ethnicity, gender, and other key student characteristics. Continue reading “U.S. Department of Education Proposes Massive Rewrite of Title IV Regulations”

Why You Should Require Students to Get Vaccinated as COVID Retreats

We have entered a new phase in the COVID-19 pandemic in the United States.

We no longer wake up every day to increasing numbers of deaths, infections, and reminders about social distancing and vaccine shortages. Instead, we now read about record low numbers of infections, limited fatalities, and a domestic surplus of vaccine so large that we are now vaccinating children as young as 12 and may be exporting it by June.

And, just last week, the CDC dispensed with mask guidance for vaccinated people. This prompted President Biden to host his first “maskless” appearance of his presidency. For college leaders planning the summer and fall semesters, it’s a 180-degree turnaround that we were afraid to hope for just last year.

Yet here we are. The question now vexing colleges is how to safely reopen on-ground learning with a pandemic in retreat. It’s a nice problem to have, but it still has to be solved.

To read the full text of this article by Duane Morris partner Edward M. Cramp, please visit the University Business website.

Webinar Replay: Reviewing the Third Round of Higher Education Emergency Relief Funds (HEERF III)

A replay of the webinar, “Reviewing the Third Round of Higher Education Emergency Relief Funds (HEERF III),” is now available.

About the Program
On January 14, 2021, the U.S. Department of Education published information regarding the process, timing and allocation levels for the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSAA), Higher Education Emergency Relief Funds (HEERF II funds) contained in the 2021 Consolidated Appropriations Act. Subsequently, the Department published guidance documents on February 25, March 19 and March 22. In addition, on March 10, Congress passed the American Rescue Plan Act of 2021 (ARPA), providing yet another round of direct grant funding (HEERF III funds).

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”

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”

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”

FSA Delays Annual Student Loan Acknowledgment Requirement

On March 8, 2021, the Federal Student Aid office (“FSA”) of the U.S. Department of Education (“Department”) published an Electronic Announcement that delays the implementation date for the Annual Student Loan Acknowledgment. In a November 21, 2019 Electronic Announcement, the Department had previously notified schools about a change to the Master Promissory Note (MPN) confirmation process.

Pursuant to the new process, student and parent borrowers are required to view how much they currently owe in federal student loans, and to acknowledge that they have seen this amount before a school can make the first disbursement of the first Direct Loan that a student or parent borrower receives for each new award year.

The Annual Student Loan Acknowledgement process will continue to be available on StudentAid.gov. However, borrower completion of the Annual Student Loan Acknowledgement prior to disbursement will not be required for the 2021–22 Award Year.

At this time, all processing related to the Annual Student Loan Acknowledgement will continue under existing business rules. Schools will continue to receive information about a borrower’s completion of the Annual Student Loan Acknowledgement process on StudentAid.gov.

Please see the November 2019 Electronic Announcement for more information about the Annual Student Loan Acknowledgement process and the technical requirements.