As many REGucation readers know, Thompson Coburn has followed the U.S. Department of Education’s Borrower Defense to Repayment (BDR) rules closely over many years. This blog post will outline three recent BDR-related developments that institutions of higher education should have on their radar.Fifth Circuit Enjoins Biden Administration BDR Rule Pending Final Judgment of the District…

On October 10, 2023, the U.S. Department of Education published its new Financial Value Transparency and Gainful Employment rule (the “GE Rule”). This rule represents the agency’s third effort at installing a “gainful employment” or “GE” framework in the law. Significantly, this latest version of the GE Rule has been expanded
to cover all Title IV-participating…

The U.S. Department of Education published an electronic announcement on November 8, 2023, offering guidance on the notification process for Borrower Defense to Repayment (“BDR”) claims received by the agency between June 23, 2022, and November 15, 2022. As discussed in our September 21 webinar Responding to Student Borrower Defense to Repayment (BDR) Claims: 2023…

On May 19, 2023, the U.S. Department of Justice, Civil Rights Division (“DOJ”) and the U.S. Department of Education, Office of Civil Rights (“OCR”) issued a joint letter (the “Letter”) to notify colleges and universities of recent enforcement actions it has taken against postsecondary institutions in relation to online accessibility. The Letter highlighted the DOJ…

On August 7, 2023, the Fifth Circuit Court of Appeals issued a nationwide injunction in Career Colleges and Schools of Texas v. Cardona, preventing the U.S. Department of Education (ED) from enforcing the latest version of its borrower defense to repayment (BDR) rule, which was published in 2022 (2022 BDR rule). Meanwhile,…

On May 19, 2023, the U.S. Department of Education published its proposed “Financial Value Transparency and Gainful Employment” rule (the “GE Rule”).  While this proposed rule covers a number of important topic areas for Title IV-participating institutions, including financial responsibility, administrative capability, and certification procedures, the most substantial element of the Department’s proposal…

On May 19, 2023, the U.S. Department of Education (ED) published in the Federal Register the official version of its latest notice of proposed rulemaking (NPRM).  While this proposed rule covers a number of important topic areas for Title IV-participating institutions, including financial responsibility, administrative capability, and certification procedures, the most substantial element of ED’s…