On April 4, 2024, the U.S. Court of Appeals for the Fifth Circuit ordered a federal district court to enter a nationwide preliminary injunction to enjoin the Department of Education (ED) from implementing the Biden...more
The Consumer Financial Protection Bureau (CFPB) issued Supervisory Highlights in late September 2022 stating that post-secondary institutions that provide loans directly to students (Institutional Lenders) and that have...more
On 23 September 2019 the U.S. Department of Education (ED) published final regulations concerning, among other things, "borrower defense to repayment" claims for federal student loans first disbursed on or after 1 July 2020,...more
10/7/2019
/ Arbitration ,
Borrower Defense Rule ,
Department of Education ,
Educational Institutions ,
Final Rules ,
Financial Responsibility Standards ,
Mandatory Arbitration Clauses ,
Pre-Dispute Arbitration ,
Regulatory Requirements ,
Rulemaking Process ,
Student Loans ,
Triggering Event
The U.S. Department of Education (ED) has issued additional guidance in the form of several supplemental "questions and answers" related to implementation of ED's 2016 "borrower defense to repayment" regulations (BDTR...more
On 3 June 2019 the U.S. Department of Education (ED) published a two-page Questions and Answers (Q&A) document to provide additional guidance to colleges and universities about aspects of the final regulations often referred...more
Like the cherry blossoms now emerging in Washington, D.C., there are signs that after recent years rife with partisan congressional gridlock, 2019 may bring changes to the Higher Education Act of 1965 (HEA), the sweeping law...more
On June 14, the U.S. Department of Education (“ED”) announced its plan to convene negotiated rulemaking committees to consider revisions to two major sets of regulations that were developed by the Obama Administration. ED...more
Last week, The Chronicle of Higher Education reported that it had analyzed data released by the U.S. Department of Education (“ED”) and concluded that 177 private colleges and universities failed ED’s financial responsibility...more
On 19 January, the U.S. Department of Education published regulations to establish procedural rules governing certain proceedings under the Department’s borrower defense regulations and to update the Department’s related...more