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Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 6, August 2025

Welcome to our sixth issue of The Academic Advisor for 2025. In this edition, we cover the following topics of interest for schools, institutions of higher education, and other education-focused organizations: - How the...more

Ropes & Gray LLP

Effect of Changes to Title IV of the Higher Education Act in the One Big Beautiful Bill

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The “One Big Beautiful Bill Act” (the “Act”), which recently became law, makes significant changes to federal financial aid programs administered under Title IV of the Higher Education Act of 1965 (“HEA”). These changes...more

Brownstein Hyatt Farber Schreck

Federal Budget Reconciliation and Oversight: The Impacts on Higher Education

The One Big Beautiful Bill Act (OBBBA) passed the House and Senate and was subsequently signed into law by President Donald Trump on July 4....more

Cooley LLP

ED Revises Its Interpretation of 90/10 Rule

Cooley LLP on

The US Department of Education (ED) will now allow proprietary institutions to include revenue generated through distance programs in their calculations for federal student aid eligibility. On July 7, 2025, ED published...more

Cooley LLP

Big Beautiful Bill – Earnings Premium for Nonprofit and Public Universities

Cooley LLP on

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...more

Cooley LLP

Department of Education: What to Know About Dissolution, Reduction and Reallocation

Cooley LLP on

The 13th Secretary of the Department of Education (ED), Linda McMahon, was confirmed in a 51 – 45 Senate vote on March 3, 2025. Upon becoming secretary, McMahon delivered her opening speech to ED, “Our Department’s Final...more

Brooks Pierce

Trump Administration’s Efforts to Dismantle the U.S. Department of Education

Brooks Pierce on

Executive Order Asserting that “the experiment of controlling American education through Federal programs and dollars” has “plainly failed our children,” on March 20, 2025, President Trump signed an Executive Order directing...more

Franczek P.C.

Week in Review – New Developments from the Dept. Of Ed., More Enforcement Actions by the EEOC and DOJ, and Additional Challenges...

Franczek P.C. on

It was another big week for the Department of Education, with President Trump signing an Executive Order on Thursday instructing Education Secretary Linda McMahon to take actions to “close” the Department. President Trump’s...more

Snell & Wilmer

Trump Signs Order Aimed at the Department of Education – Potential Impacts on Schools, Students, and the Future of Federal...

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On March 20, 2025, President Donald Trump signed an executive order initiating the process to dismantle the U.S. Department of Education (DOE) — a historic move that could fundamentally reshape oversight of education in the...more

Parker Poe Adams & Bernstein LLP

Impacts on K-12 and Higher Education After Trump Signs Executive Order Aimed at Eliminating the Department of Education

In a move aimed at delivering on one of his most ambitious campaign promises, President Donald Trump signed an executive order on Thursday to eliminate the U.S. Department of Education (DOE) and shift authority over education...more

Faegre Drinker Biddle & Reath LLP

Mass Layoffs at the U.S. Department of Education: Impacts on Higher Education

Overview - On March 11, 2025, the Department of Education (ED or the Department) effectively fired a substantial portion of its employees, marking a significant step in what Secretary Linda McMahon has called the...more

Ballard Spahr LLP

Eighth Circuit Broadens Injunction Prohibiting Implementation of SAVE Federal Student Loan Repayment Plan, Calls Into Question...

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On February 18, 2025, the U.S. Court of Appeals for the Eighth Circuit—following up on its August 2024 unsigned order—resolved an expedited appeal concerning a district court injunction preventing the U.S. Department of...more

McGuireWoods LLP

Pause on Federal Financial Assistance Does Not Include Pell Grants, Direct Loans or Title IV Funds to Individuals

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On Jan. 27, 2025, the Office of Management and Budget issued a memorandum to all executive departments and agencies, including the U.S. Department of Education, requiring a temporary pause of federal financial assistance by...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Care Insights, Issue 9, October 2024

Welcome to The Academic Advisor - our e-newsletter focused on education law insights. With Fall Break behind us and the race to end-of-term underway, we highlight the following topics of import for schools,...more

Ballard Spahr LLP

Department of Education Faces Major Setback in SAVE Litigation

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In an unsigned order dated August 9, 2024, the U.S. Court of Appeals for the Eighth Circuit signaled its frustration with the U.S. Department’s ongoing efforts to proceed with implementation of its much-debated SAVE repayment...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Biden Administration Proposes Rule to Amend Higher Education Act as Part of Latest Effort to Tackle Student Loan Debt

On April 17, 2024, the Biden administration published a proposed rule that would amend current regulations to allow for certain student loan debts to be waived, potentially providing relief to millions of student loan...more

McGuireWoods LLP

Fifth Circuit Continues Nationwide Preliminary Injunction Against “Almost Certainly Unlawful” Borrower Defense Rule

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On April 4, 2024, the U.S. Court of Appeals for the Fifth Circuit issued its opinion in CCST v. U.S. Dept. of Education, reversing the order of the U.S. District Court for the Western District of Texas, and granting a...more

Bond Schoeneck & King PLLC

Second Circuit Litigation Threatens to Further Confuse Regulatory Standards Applied to Borrower Defense Applications

The Second Circuit Court of Appeals released a new decision in the NYLAG v. Cardona et al. case that may have implications for the everchanging legal and regulatory environment of Borrower Defense to Repayment (BDR) claims....more

Bond Schoeneck & King PLLC

Second Circuit Litigation Threatens to Further Confuse Regulatory Standards Applied to Borrower Defense Applications

The Second Circuit Court of Appeals released a new decision in the NYLAG v. Cardona et al. case that may have implications for the everchanging legal and regulatory environment of Borrower Defense to Repayment (BDR) claims....more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 10, December 2023

In this final edition of the year, we cover the following issues of import for educational institutions: - CFPB scrutiny of college-sponsored financial products; - Changes ahead for Title IV program participants and...more

Williams Mullen

PODCAST: Williams Mullen's Gavels & Gowns - Responding to Borrower Defense to Repayment Applications

Williams Mullen on

In this episode of Gavels & Gowns, an Education Law podcast, co-hosts Hal Johnson and Micah Schwartz discuss the U.S. Department of Education’s Borrower Defense to Repayment program, which involves federal student loan...more

Troutman Pepper Locke

Biden-Harris Administration Amends Higher Education Act to Address College Closures and Withholding Transcripts

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On October 24, the Biden-Harris administration announced amendments to the regulations implementing title IV of the Higher Education Act of 1965 (HEA). According to the fact sheet, the amendments are intended to allow the...more

Cozen O'Connor

AGs Defend Borrower Defense Rule

Cozen O'Connor on

A group of 23 Democratic AGs, led by Massachusetts AG Andrea Joy Campbell, filed an amicus brief in the U.S. Court of Appeals for the Fifth Circuit case Career Colleges and Schools of Texas v. U.S. Department of Education, et...more

Bond Schoeneck & King PLLC

Colleges and Universities Experience a Surge of Borrower Defense to Repayment Claims

Over the past several months, institutions of higher education (IHE) have seen an influx of Borrower Defense to Repayment (BDR) applications from former students....more

Bowditch & Dewey

Department of Education Notification of Borrower Defense Claims

Bowditch & Dewey on

Higher education clients who accept federal student loans may have recently received emails from the Department of Education (“Department”) notifying them of borrower defense claims seeking to avoid loan repayment obligations...more

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