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
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
Generally, independent schools intentionally refrain from participating in the majority of federal funding programs, preserving their ability to ensure the educational program is provided in a manner that is reflective of...more
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
Last week, the US Department of Education (ED) Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) outlining the obligations of educational institutions pursuant to Title VI of the Civil Rights Act of 1964 and...more
On Jan. 14, 2025, the U.S. Department of Education issued guidance through a Dear Colleague Letter that, if left in place by the new administration, could significantly expand Federal Student Aid program reviews, attorney...more
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
President Trump issued an executive order on January 21, 2025 that, among other things, revokes Executive Order 11246, ending the long-standing practice of requiring federal government contractors to take and report on...more
In the final days of the Biden Administration, the U.S. Department of Education (ED) announced a number of policy initiatives and enforcement actions related to ED's misrepresentation regulations for institutions of higher...more
In December, we informed you that the Stop Campus Hazing Act (the Act) was sent to the President after it was passed by both the House and Senate. President Biden signed the Act on December 23, 2024. ...more
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
The U.S. Department of Education (ED) finalized new regulations last year that will take effect on July 1, 2024, directly impacting mergers and acquisitions involving higher education institutions. Specifically, the...more
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
On October 31, 2023, the U.S. Department of Education (ED) published in the Federal Register a Final Rule that significantly revises the financial responsibility, administrative capability and certification requirements...more
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
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
The U.S. Department of Education (Department) issued final rules on Oct. 24, 2023, imposing new conditions that higher education institutions must satisfy to participate in federal student aid programs under Title IV of the...more
The Biden-Harris Administration on Oct. 24, 2023, issued final rules detailing important obligations for higher education institutions that receive federal funding. (Codified at 34 C.F.R. § 668 et seq.) The final regulations...more
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
The rules impose new extensive reporting requirements on postsecondary institutions and could cause 1,700 programs to lose Title IV eligibility as early as 2026. The Education Department will begin collecting information...more
Our Education Team delves into new proposed regulations that would bring a substantial change to the way Title IV is administered. New gainful employment regulations are more complex than Obama-era versions....more
On May 19, 2023, the U.S. Department of Education (ED) published in the Federal Register a Notice of Proposed Rulemaking (the Proposed Rule) to substantially change or expand a host of regulatory requirements concerning...more
Our Education Team studies how a change to the 90/10 Rule will affect how for-profit institutions will count federal funding in the 90/10 calculation. The Moran–Carper Amendment to the American Rescue Plan significantly...more
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’s New Guidance on Personal Liability Requirements Leaves Uncertainty for Institutions - On March 1, 2023, the U.S. Department of Education (“DOE”) released guidance related to the instances in which...more