On October 10, 2023, the U.S. Department of Education published the final rule on financial value transparency and gainful employment (88 Fed. Reg. 70004). The regulation restores and expands an accountability framework for career-specific training programs. At the same time, the regulation creates, for the first time, a new disclosure framework applicable to educational programs offered by all institutions participating in the Title IV, Higher Education Act (HEA) federal student aid funding programs.
This summary provides an overview of important facts and key elements of the final rule.
Read the full Alert on the Duane Morris LLP website.
Duane Morris is hosting the webinar Understanding Borrower Defense to Repayment Claims on Thursday, October 5, 2023, from 2:00 pm to 3:00 p.m. Eastern.
About the Program
Institutions of higher education – public, nonprofit and proprietary – have reached out to Duane Morris’ Education Group with questions and concerns regarding Borrower Defense to Repayment claims. Join us for recommendations on how to handle these inquiries, insights on best practices and what to expect in terms of next steps.
Continue reading “Webinar: Understanding Borrower Defense to Repayment Claims”
Duane Morris attorney Jonathan Helwink authored the Inside Higher Ed article “Future of Borrower Defense May Look Different” about how new borrower defense to repayment regulations may bring increased compliance risks to colleges of all types.
Read the full article on the Insider Higher Ed website.
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”
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”
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”
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?”
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”
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”
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”