ED Seeks Further Compliance with Third-Party Servicer Rules

Greg Ferenbach

On August 18, 2016, the US Department of Education (ED or the Department) issued a Dear Colleague Letter (DCL) providing additional guidance on issues related to the requirements for third parties that provide financial aid services (Servicers).

CA BPPE Issues Final Regulations on Data Reporting and Disclosure

Kate Lee Carey, Greg Ferenbach, Nancy Anderson, Matt Johnson, Paul Thompson and Jeannie Yockey-Fine

After several rounds of public comment and revisions, the Bureau for Private Postsecondary Education (BPPE or Bureau) has issued final regulations significantly expanding the data reporting and disclosure requirements with respect to an institution’s Annual Report, Performance Fact Sheets, and website.

Seven Steps to Prepare for the New Gainful Employment Rule

Jonathon Glass and Kate Lee Carey

The Gainful Employment Rules became effective on July 1, 2015, and you probably already know that your institution has a deadline to report six years’ worth of institutional, student and financial data to the Department of Education (ED) by July 31.

ED’s Proposed Rules for Online Learning Present New Compliance Challenges

Greg Ferenbach, Nancy Anderson, Matt Johnson and Paul Thompson

On Monday, July 25, the US Department of Education (ED or the Department) formally released a Notice of Proposed Rulemaking (NPRM) to amend its current state authorization regulations, particularly with respect to distance education programs.

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

Greg Ferenbach, Mike Goldstein, Nancy Anderson, Matt Johnson and Jeannie Yockey-Fine

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.