90/10 Provisions of American Rescue Plan Act of 2021 Brings Major Change
Kate Lee Carey and Vince Sampson
President Joe Biden signed the American Rescue Plan Act of 2021 on March 11. The ARPA includes a major change in the 90/10 revenue test that provides for-profit institutions and their students access to the FSA programs.
Reminder: Upcoming CARES Act HEERF Reporting Deadlines
Rebecca Flake and Kate Lee Carey
There are two important Higher Education Emergency Relief Fund reporting deadlines in January and February.
US Department of Education Issues Long-Awaited Guidance on CARES Act HEERF Reporting
Kate Lee Carey, Caitlyn Shelby and Rebecca Flake
In this post, we recap previous guidance from the Department of Education, as well as the newest updates focused on the institutional portion of the Higher Education Emergency Relief Fund.
Implications of Potential Denial of ACICS Recognition by ED
Jay Vaughan, Robin Dasher-Alston and Naomi Harralson May
On June 23, the National Advisory Committee on Institutional Quality and Integrity (NACIQI) will meet to consider the recommendation of US Department of Education (ED or the Department) staff that the Accrediting Council for Independent Colleges and Schools (ACICS) be removed from the list of accrediting agencies recognized by the Department as a reliable authority regarding the quality of education or training offered by institutions it accredits.
ED Issues Sweeping Proposed Rules on Borrower Defense
Jonathon Glass, Mike Goldstein and Kate Lee Carey
Almost four months after the marathon negotiated rulemaking ended in March without consensus, the US Department of Education (ED) has released a massive Notice of Proposed Rulemaking describing how it plans to refocus the rules governing the Borrower Defense to Repayment (BDTR) provision of the Higher Education Act (HEA).
Challenges to Gainful Employment Student Completer Lists Due July 28
Jonathon Glass and Kate Lee Carey
The US Department of Education has set the deadline for institutions to file corrections to their “student completer lists” as the next major step in ED’s effort to publish the first set of rates under the Gainful Employment Rule.
ED to Propose New Rules for Online Education
Mike Goldstein, Nancy Anderson and Matt Johnson
Last week, the Department of Education (ED or the Department) submitted to the Office of Management and Budget (OMB) proposed new or amended state authorization regulations. The proposed regulations relate to state authorization requirements that would become a condition of Title IV eligibility, including state approval requirements for distance education programs.
Rulemaking Panel Proposes Process for Student Debt Forgiveness Under BDTR
Jonathon Glass, Mike Goldstein and Kate Lee Carey
This memo discusses the proposed process for students to file claims to have their federal loans forgiven, as well as the role of institutions in that process, under the Final Draft of the BDTR Rule.
New Student Debt Standards Could Allow Massive Loan Forgiveness
Jonathon Glass, Mike Goldstein and Kate Lee Carey
This memo discusses the new federal standards for students to have their federal loans forgiven under the Final Draft of the BDTR Rule.
ED to Issue First Set of Gainful Employment Rates
Jonathon Glass and Kate Lee Carey
The US Department of Education just announced its intent to issue the first set of official Debt to Earnings Rates (D/E Rates) under the Gainful Employment Rule (GE Rule) in January 2017.
The Top Five Legal Issues for Edtech Startups and Schools
As an attorney who focuses on legal issues relevant to the education sector, I’m often asked about some of the key legal issues in the space—especially for emerging companies who have to be strategic about allocating their time and resources.