Gainful Employment Redux – Not Just for For-Profits Anymore

Kate Lee Carey and Shannon Noonan

The Department of Education released the final and official Gainful Employment rule on October 10, 2023. The final rule is substantially similar to the proposed rule released in May 2023, with a few exceptions outlined within this post.

ED to Shut Down and Overhaul E-App System

Nancy Anderson and Rebecca Flake
The US Department of Education has announced that it will implement updates to its current E-App system.

Lurking Behind the Headline: Significant Regulatory Changes Beyond Gainful Employment in ED’s Latest NPRM

Nancy Anderson , Kate Lee Carey and Caitlyn Shelby

The Department of Education published a substantial NPRM on May 19, which includes a new iteration of the Gainful Employment rules.

California Legislature Updates Private Postsecondary Education Act … Again

Kate Lee Carey and Nancy Anderson

The BPPE posted a memo explaining the amendments to the California Private Postsecondary Education Act that took effect in January 2023.

Third-Party Servicer Guidance on Hold

Kate Lee Carey, Nancy Anderson and Vince Sampson
The Department of Education announced that it will modify and further delay the implementation of its controversial guidance on third-party servicer issues.

ED Updates Timeline for Third Party Servicer Guidance

Nancy Anderson and Kate Lee Carey

The Department of Education has extended the timeline for implementation of its February 15 Dear Colleague Letter.

ED Revisits Third-Party Servicer and Incentive Compensation Guidance

Nancy Anderson and Kate Lee Carey

The Department of Education announced two initiatives that expand oversight of third-party providers to institutions of higher education that participate in federal financial aid programs.

Borrower Defense to Repayment 4.0

Kate Lee Carey and Jasmine Lee

The US Department of Education published final regulations regarding the borrower defense to repayment rule in October 2022.

ED Proposes Significant Amendments to Change in Control and 90/10 Regulations

Nancy Anderson, Kate Lee Carey, Jasmine Lee and Shannon Noonan

The Department of Education is accepting comments until August 26 on the NPRM to amends its 90/10 and change of ownership and control regulations.

California BPPE Implements New Statutory Provisions

Kate Lee Carey and Shannon Noonan

California Senate bills became effective January 1, 2022 that impact the Bureau for Private Postsecondary Education and institutions subject to the BPPE’s oversight.

FTC Notice of Penalty Offense – What it is, what it isn’t, and what to do next

Dee Bansal, Vince Sampson, Jay Vaughan, David Mills and Scott Dailard

The FTC announced that it had issued Notices of Penalty Offense to for-profit colleges and was cracking down on unfair and deceptive conduct in the education marketplace.

Signs of What’s to Come – Title IX Under the Microscope Again

Kate Lee Carey and Caitlyn Shelby

The Biden Administration releases guidance letter regarding recent Federal District Court case impact on enforcement of the regulations, and reminds constituents of the its commitment to ensure students are guaranteed an educational environment free from discrimination on the basis of sex, and its plan to strengthen enforcement through the publication of new rules and additional guidance.