Category: Higher Ed
ED Revises Its Interpretation of 90/10 Rule
Kate Lee Carey and Dan Shackelford
On July 7, 2025, ED published an interpretive rule significantly revising its position on how for-profit institutions calculate compliance under the Title IV regulations, specifically the “Non-Federal revenue (90/10)” regulations, commonly known as the “90/10 Rule.” Notably, ED will now permit revenue from distance education programs and unapproved locations to count toward the 10% nonfederal revenue requirement under the Higher Education Act (HEA), provided those programs meet statutory criteria. This stance signifies a meaningful shift from previous guidance and offers immediate regulatory relief for proprietary institutions, which may retroactively apply the new interpretation to their 90/10 calculations for prior fiscal years.
Big Beautiful Bill – Earnings Premium for Nonprofit and Public Universities
Jay Vaughan and Vanessa Agudelo
On July 4, President Donald Trump signed “The Act,” commonly referred to as the “One Big Beautiful Bill,” as part of the budget reconciliation process and, among other changes, amended the Higher Education Act of 1965. While the law includes a number of elements impacting higher education (such as endowment taxes and loan limits), one key change was the creation of the “earnings premium” (EP) metric to assess the effectiveness of degree programs at all universities receiving Title IV funds.
Department of Education: What to Know About Dissolution, Reduction and Reallocation
Vanessa Agudelo, Jasmine Lee and Kate Lee Carey
Upon becoming the Secretary of the Department of Education, Linda McMahon delivered her opening speech where she confirmed President Trump’s desire to abolish ED and her plan to follow his orders.
Shifting Guidance and Widespread University Investigations – The Trump Administration’s Aggressive First Moves Enforcing Title VI in Education
Vanessa Agudelo, Kate Lee Carey and Dan Shackelford
The Department of Education announced two separate groups of enforcement investigations to assess university compliance with civil rights obligations. For the public and private colleges and universities understanding the intent of these investigations and potential consequences will be key.
The Trump Administration’s Condemnation of Diversity, Equity and Inclusion in Higher Education and How Schools Can Prepare
Vanessa Agudelo, Kate Lee Carey and Dan Shackelford
On February 14, the Department of Education Office for Civil Rights issued a Dear Colleague Letter outlining the obligations of educational institutions pursuant to Title VI. In this post, we focus on what practices constitute “illegal discrimination,” outline the process for losing Title IV funds and address key steps that schools can take to prepare for the upcoming changes.
Department of Education End-of-Year Regulatory Action Announcements: Financial Value Transparency and Gainful Employment + Program Integrity
Jasmine Lee, Kate Lee Carey and Shannon Noonan
At the end of 2024, the Department of Education announced a series of end-of-term regulatory actions – including updated guidance on the Financial Value Transparency and Gainful Employment regulations and the release of final rules generated by the Program Integrity negotiated rulemaking.
ED Releases New Guidance on Discrimination in AI Tools
Kate Lee Carey, Shannon Noonan and Caitlyn Shelby
The Department of Education released a new resource on avoiding the discriminatory use of artificial intelligence.
Department of Education Announces Extension to FVT/GE Reporting Timeline
On September 13, 2024, the Department of Education announced that the deadline to report required information under the FVT/GE Rule is now January 15, 2025.
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.