News & Analysis as of

Students Title IV Financial Aid

Cooley LLP

ED Revises Its Interpretation of 90/10 Rule

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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

Bond Schoeneck & King PLLC

Student Financial Aid Regulations May Require Additional Reporting of Transactions Involving Trustees and Employees

On July 1, 2024, revised regulations governing federal student financial assistance programs became effective. The regulations, which can be found at 34 C.F.R. 668.23(d), require institutions that participate in the federal...more

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

Cooley LLP

Blog: 90/10 Provisions of American Rescue Plan Act of 2021 Brings Major Change

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For proprietary institutions subject to the 90/10 rule, President Joe Biden’s signing of the American Rescue Plan Act of 2021 on March 11 reflects a major change in this revenue test that provides for-profit institutions and...more

Ballard Spahr LLP

Dept. of Ed close to releasing proposal that would facilitate income share agreement programs at selected Title IV schools

Ballard Spahr LLP on

My colleagues and I have the privilege of advising numerous clients on income share agreements (ISAs), including universities, service providers, and institutional investors. So we were excited by reports that the U.S....more

Cooley LLP

Blog: ED Reinstates Title IV Eligibility to California Students

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Putting an end to a crisis that jeopardized access to Title IV to 80,000 California students, on Friday, Acting Under Secretary of Education Diane Auer-Jones wrote to the head of the California Department of Consumer Affairs...more

Hogan Lovells

U.S. Department of Education and state of California attempt to reach accord to restore Title IV eligibility to California...

Hogan Lovells on

As widely reported in the news and as discussed in our recent webinar, on 22 July 2019 the U.S. Department of Education (ED) notified institutions that, as a result of the U.S. District Court ruling in NEA v. DeVos, ED's 2016...more

Saul Ewing LLP

Strategies for Dealing with the Title IV Ineligibility of CA-Resident Students Under the Retroactive Distance Education Rule

Saul Ewing LLP on

On Monday, July 22, 2019, the Federal Student Aid Office of the U.S. Department of Education (ED) announced that the Distance Education Rules that were originally scheduled to go into effect on July 1, 2018, and were then...more

Cooley LLP

Blog: Department Announces California Residents at Out-of-State Public and Nonprofit Institutions Ineligible for Federal Student...

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The Department of Education issued guidance yesterday that ED’s regulations prohibit California residents enrolled in distance education programs at out-of-state public and nonprofit institutions from receiving federal...more

Cooley LLP

Blog: California Jumps in With Sweeping Regulatory, Statutory Proposals Affecting VA Benefits, Other Issues

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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

Cooley LLP

Blog: Increased Student Samples, Student Confirmations and Site Visits Mean Expanded Audits Under ED’s New Audit Guide

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As described in our previous posts about ED’s new Audit Guide for annual Title IV compliance audits, the new auditing requirements include expanded testing in many compliance areas, such as gainful employment, incentive...more

Cooley LLP

Alert: California Approves Pathway for Non-Profit Institutions to Maintain Exemption from State Oversight

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Governor Jerry Brown has now signed into law Senate Bill 81, which included language amending the California Private Postsecondary Education Act of 2009 (the "Act") to permit "independent institutions of higher education"...more

Cooley LLP

Alert: Recent Developments on State Authorization at Department of Education and in California

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The US Department of Education ("ED" or "the Department") has decided against an earlier plan to send letters to every institution believed to be out-of-compliance (or rather, located in a state that is considered...more

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