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Financial Value Transparency/Gainful Employment Reporting Delay & Guidance

In the last several days, the U.S. Department of Education (ED) finally published three important updates on ED expectations under its extensive October 2023 Financial Value Transparency and Gainful Employment regulations...more

The Long and Winding Road to the New Financial Value Transparency and Gainful Employment Rules

Effective July 1, 2024, institutions of higher education participating in Title IV Federal Student Aid programs must comply with the U.S. Department of Education’s (Department) Financial Value Transparency and Gainful...more

How to Approach Student AI Use Policies in Higher Education

The emergence of ChatGPT and other generative artificial intelligence (AI) tools has triggered widespread debates about the propriety of their use, especially in education circles, where academic integrity and confidentiality...more

CFPB Report Finds College and University Tuition Payment Plans May Pose Risks to Consumers

Building on the Consumer Financial Protection Bureau’s (CFPB’s) September 2022 Supervisory Highlights on student loan servicing (questioning transcript withholding practices), the CFPB issued a September 2023 report on...more

CFPB Spotlights Harms of Employer-Driven Debt

On July 20, 2023, the CFPB published a report concerning the risks posed to consumers by employer-driven debt. Employer-driven debt is any form of financing arrangement where an employer extends credit or a lease to an...more

Federal Appeals Court Blocks Department of Education's New Borrower Defense to Repayment Rules

On Monday, the U.S. Court of Appeals for the Fifth Circuit issued a nationwide injunction blocking the U.S. Department of Education (ED) from implementing its new borrower defense to repayment (BDR) rules. The BDR rules,...more

Update: U.S. Department of Education Third-Party Servicer Guidance - 4/14/2023

UPDATE: On April 11, the Department of Education (Department) published a blog post updating the latest Third-Party Services (TPS) Dear Colleague Letter (DCL) which was published on February 15, 2023 (updated February 28,...more

Department of Education to Hold Higher Ed Leaders Personally Liable for Title IV Compliance Failures

On Thursday, the Department of Education announced that, in certain circumstances, it will require leaders of institutions to assume personal liability as a condition of Title IV Federal Student Aid participation....more

Update: U.S. Department of Education Third-Party Servicer Guidance

UPDATE: On February 28, 2023, the Department updated the Dear Colleague Letter issued February 15, 2023 to establish a future effective date for the guidance, extend the public comment period, and extend the reporting...more

ED Clarifies College/University Gramm-Leach-Bliley Act Compliance

In addition to new guidance on third-party servicers, the U.S. Department of Education clarified its expectations for higher education institutions’ compliance with the Gramm-Leach-Bliley Act (GLBA) Cybersecurity Requirements...more

Department of Education Expands Interpretation of "Third-Party Servicer" Definition (and Announces Incentive Compensation Review)

Wednesday’s U.S. Department of Education Dear Colleague Letter announces an expanded Department interpretation of the definition of Third-Party Servicer to include a new array of vendors providing student recruiting and...more

The Future of Affirmative Action in Medical School Admissions

A medical school applicant recently filed suit, alleging that several Texas medical schools improperly rejected him by basing their admissions decisions on race and gender. The complaint asserts that these schools (along with...more

Transcript Withholding and Debt Collection: Colleges and Universities Losing Some Leverage under Trending State Laws

Update: On September 29, 2022, the Consumer Financial Protection Bureau issued Supervisory Highlights Student Loan Servicing Special Edition, finding that blanket college and university policies of withholding transcripts...more

Transcript Withholding & Debt Collection: Colleges and Universities Losing Some Leverage under Trending State Laws

In the past, it has been common for an institution of higher education to withhold a student’s transcript when the student had outstanding liability to the school. Bankruptcy and various loan collection laws have long placed...more

Department of Education Proposes Major Overhaul of Title IX Rules and Regulations

On June 23, 2022—exactly fifty years after Title IX of the Education Amendments of 1972 became the law of the land—the U.S. Department of Education (ED) released its latest and much anticipated Title IX Notice of Proposed...more

ACGME Mandates Paid Resident/Fellow Leave, Starting Day One

The Accreditation Council for Graduate Medical Education (ACGME), which accredits graduate medical residency and fellowship programs, will require programs to offer six weeks of paid leave for residents/fellows, beginning on...more

Uncapped Student Athlete Education-Related Benefits' Impact On Federal Student Aid

In the wake of NCAA v. Alston, a student-athlete’s education-related benefits may impact the amount of Federal Student Aid the student-athlete receives. According to the U.S. Department of Education rules, a student who...more

College and University Institutional Loans under the CFPB Microscope

On January 20, 2022, the Consumer Financial Protection Bureau (CFPB) announced new efforts to examine postsecondary schools’ institutional lending programs. Many colleges and universities offer in-house student loans,...more

[Webinar] Sexual Harassment and Sexual Assault in K-12 Schools: Title IX Compliance and Response to Regulations - January 11th,...

In August 2020, the U.S. Department of Education’s (ED) requirements went into effect for responding to sexual harassment in the programs and activities of elementary and secondary schools receiving ED funds. This followed...more

Information Blocking: College & University Student Health Centers – Does The Rule Apply To Us?

Since last year, the Husch Blackwell privacy attorneys have been working with various healthcare providers—from hospitals to hospices, to independent physician groups—to comply with the Information Blocking rule (the Rule)...more

2020 CARES Carryover: U.S. Department Of Education OIG Commences CARES Act Audits

The U.S. Department of Education (ED) Office of Inspector General (OIG) first issued guidance about upcoming audits of Coronavirus Aid, Relief, and Economic Security (CARES) Act Higher Education Emergency Relief Fund (HEERF)...more

Thought Leadership New Year, New College And University HEERF COVID Relief

Via the Consolidated Appropriations Act, 2021, signed into law on December 27, 2020, Congress allocated $23 billion in emergency relief aid for public and nonprofit colleges, universities, and their students—$9 billion more...more

K-12 Education v. Higher Education In Title IX Compliance: 2020 Regulations

On May 6, 2020, the U.S. Department of Education (“ED” or “the Department”) released the long-anticipated final Title IX regulations, which have a significant impact on schools all across the country—both K-12 and higher...more

ED Pushes Borrower Defense Reporting Q&A-UPDATED July, 2020 #1

Update: On August 30, 2019, the U.S. Department of Education released extensive final regulations addressing, among other topics, Borrower Defense to Repayment reporting requirements. The new final regulations, effective July...more

New U.S. Department Of Education Section 117 Foreign Source Reporting Investigation & Information-UPDATED June, 2020 #1

Update on June 22, 2020: On June 22, ED unveiled its new online portal for college and university reports of foreign gifts and contracts. Original post on May 5, 2020: Mid-pandemic, the U.S. Department of Education...more

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