On September 11, we published a detailed look at the portion of the Department of Education’s long-awaited revised Borrower Defense to Repayment Rule (BDTR) that focused on the elements directly impacting institutional...more
After announcing plans for a new rule last summer, only to miss the publication deadline, the Department of Education (ED) has – albeit still unofficially – issued its long awaited new update to the borrower defense to...more
After returning from recess on August 12, the California Senate Appropriations Committee took up the package of six remaining higher education bills intended to address concerns about private postsecondary education providers...more
The California Legislature began its summer recess on July 12 with a package of bills with broad implications for all institutions operating under BPPE authority still awaiting further Senate action. All seven of the original...more
On July 1, the US Department of Education released a final rule that rescinds the entirety of the Obama-era Gainful Employment (GE) Rule. While the technical effective date of the rescission of the GE rule is July 1, 2020,...more
Despite hopes that the US Department of Education might delay the expanded Gainful Employment disclosure requirements as it has done for the two past years, ED announced recently that covered institutions must meet these new...more
Last week, the California Assembly Higher Education Committee unanimously voted to advance a bill designed to exclude OPMs and service providers from tuition share arrangements. AB 1345 would broaden California’s existing...more
Following a court ruling in September 2018 making the delayed Obama-era Borrower Defense to Repayment regulations immediately effective, the Department of Education has been promising guidance to institutions so they (and...more
As discussed in two prior posts (Part I and Part II) in our series about proposed bills in the California Assembly, a group of six Assembly members have coordinated in authoring a legislative package of seven bills impacting...more
As noted in our blog post last week, a group of six California Assembly members have coordinated in authoring a legislative package of seven bills impacting higher education in (and out of) that state....more
As covered in a prior post, the California agency responsible for approving institutions to provide Veterans funds to students, the California State Approving Agency (CSAAVE), has issued a notice of proposed rulemaking that...more
With the perceived loosening of regulatory controls at the federal level, many states are stepping in with aggressive legislative and regulatory action. Leading the charge is California, where a legislative package of seven...more
The many-headed Obama-era Borrower Defense to Repayment Rule is back, thanks to a September 17 federal court order that overturned Secretary DeVos’ action suspending implementation of the existing rule, followed by the...more
Two years ago, we wrote about the Obama Administration’s proposed rules governing “Borrower Defense to Repayment,” based on one sentence in the Higher Education Act intended to protect federal student loan borrowers. Those...more
Events of the last week have reflected the Department of Education’s give-a-little, take-a-little approach to the Gainful Employment Rule. The department continues to take steps to implement certain aspects of the current GE...more
Keeping up with the Gainful Employment Rule has been a full time job in recent months. Between new Department of Education actions to prepare a second set of GE rates, negotiated rulemaking to write a new rule, a lawsuit...more
The debate over the current and future Gainful Employment Rule continues in all three branches of the federal government: the administration, Congress and the federal courts.
After the new administration took office in...more
The Department of Education announces changes to the Gainful Employment Disclosure Template.
Disclosure Template Deadline and Updates -
In its Electronic Announcement, ED set April 6, 2018 as the new deadline for...more
All higher education institutions in California, with the sole exception of the California Community College system, will – beginning with the 2018-19 academic year – have to provide their students an annual summary of their...more
The Borrower Defense to Repayment (BDTR) Rule, which applies to all higher education institutions participating in the Federal Student Aid program – whether public, private nonprofit or for-profit – has been the subject of...more
The California Bureau for Private Postsecondary Education recently published amended regulations governing the Student Tuition Recovery Fund effective as of August 10, 2017. The changes will impact institutions approved to...more
The Department of Education issued a notice on August 18 that extends the deadline for all institutions to file alternate earnings appeals that challenge the debt-to-earnings rates issued for their GE programs in January...more
With minutes to spare before the close of business today, the Department of Education (ED) issued a Notice in advance of official publication in the Federal Register, announcing a delay in a number of requirements relating to...more
Effective July 1, private postsecondary institutions outside of California that enroll California students are generally subject to new “Out-of-State Institution Registration” regulations.
The California Bureau for Private...more
While there are indications that Washington has lessened its antipathy towards for-profit institutions, states continue to go in their own directions. This post focuses on the California Assembly’s recommendation to eliminate...more