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New Cases and Developments

NACUA's Legal Resources staff summarizes current higher education cases and developments and provides the full text of selected cases to members. New cases and developments are archived here for up to 12 months.  Cases provided by Fastcase, Inc.

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Authorizations & Regulations; Government Relations

Federal Student Aid Posts Updated Cybersecurity Compliance Frequently Asked Questions (FAQ) (Jan. 12, 2018)

The Federal Student Aid (FSA) has updated its Frequently Asked Questions (FAQ) About Cybersecurity Compliance. The FAQs clarify some of the data security and breach questions that arose during a recent FSA Training Conference by outlining data security requirements, specifying how and when to report a breach, and discussing secure means for transporting personally identifiable information.

1/17/2018
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Authorizations & Regulations; Antitrust

NACAC Statement Regarding Cooperation with DOJ Inquiry (Jan. 10, 2018)

Statement from the National Association for College Admission Counseling (NACAC) regarding its cooperation with an inquiry from the Department of Justice (DOJ).  The DOJ inquiry appears to concern various provisions in NACAC’s Code of Ethics and Professional Practice. DOJ has requested documents from the association and steering committee members, apparently to ascertain whether any provisions in the Code of Ethics amount to an unlawful restraint on trade.  NACAC has indicated that it is “cooperating with the Justice Department and remain confident in the values that underpin SPGP: NACAC’s Code of Ethics and Professional Practice and its mission to serve students and our fellow professionals.”

1/12/2018
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Government Relations; Authorizations & Regulations

NACUBO “What Did I Miss in Washington? Dec. 12, 2017 – Jan. 8, 2018”

Summary from the National Association of College & University Business Officers on legislative and regulatory actions that occurred between December 12, 2017 and January 8, 2018. This summary addresses the reauthorization of the Higher Education Act, the tax bill, DACA, Borrower Defense to Repayment, and Net Neutrality.  

1/11/2018
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Higher Education Opportunity Act; Authorizations & Regulations

NACUBO Overview of HEA Reauthorization Bill Heading to House Floor in New Year (Jan. 4, 2018)

Overview prepared by the National Association of College and University Business Officers (NACUBO) detailing key provisions of the Promoting Real Opportunity, Success, and Prosperity through Education Reform (PROSPER) Act, which would reauthorize the Higher Education Act. The overview discusses how the federal government’s role in postsecondary education will be reorganized under the PROSPER Act, specifically as it pertains to loans, grants, federal work-study, cash management, the return of Title IV funds, loan repayment rates, and the financial responsibility of institutions participating in Title IV programs. The PROSPER Act was approved by the House Committee on Education and the Workforce on Dec. 12, 2017 and a full vote by the House is expected early this year. 

1/5/2018
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Unrelated Business Income; Tax-exempt Funding; Endowments & Gifts; Tax; Authorizations & Regulations

NACUBO Summary on Key Provisions in the Senate and House Tax Bills (Jan. 5, 2018)

Summary by the National Association of College and University Business Officers (NACUBO) analyzing provisions impacting higher education in the House version and Senate version of The Tax Cuts and Jobs Act (Tax Reform Bill). Such provisions include education incentives, the endowment excise tax, charitable giving, other exempt organizations provisions/UBIT, bond reforms, the deductibility of state and local taxes, and the Johnson Amendment. Text appearing in red compares changes in the Senate version to the House version, while highlighted portions show final changes to the Tax Reform Bill by the conference agreement. 

1/5/2018
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Financial Aid; Authorizations & Regulations; Students

Notice by the U.S. Department of Education Federal Student Aid of 2018-2019 Award Year Deadline Dates for Campus-Based Programs (Jan. 3, 2018)

For the 2018-2019 award year, the Secretary announced deadlines by which postsecondary institutions must submit requests and documents to various divisions of the Department of Education, so as to ensure their institution’s funding or waiver in the Federal Perkins Loan program, Federal Work-Study program, and Federal Supplemental Education Opportunity Grant programs. The deadlines for each program are available in the Deadline Dates section of the notice and on the Information for Financial Aid Professions website

1/5/2018
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Government Relations; Authorizations & Regulations

U.S. Dep’t of Education Announces Improved Borrower Defense Discharge Process (Dec. 20, 2017)

Announcement by the U.S. Department of Education unveiling an improved discharge process for borrower defense to repayment claims. A borrower defense to repayment claim allows students to seek loan forgiveness if they can demonstrate that the school they attended violated state law. The improved process utilizes a tiered system of relief that compares the earnings of affected students to their peers in gainful employment programs. Specifically, students whose income is less than fifty percent as compared to their gainful employment peers will receive full relief, while students who earn fifty percent or more than their gainful employment peers will receive proportionally tiered relief to compensate for the difference. Negotiated rulemaking for borrower defense to repayment regulations are ongoing and interested parties should refer to the Department’s website for a full schedule of the negotiator’s meetings. 

12/21/2017
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Government Relations; Authorizations & Regulations

U.S. Dep’t of Education Releases Additional Funding to Support Schools and Students Impacted by Hurricanes (Dec. 14, 2017)

Announcement by the Secretary of the U.S. Department of Education authorizing additional funds for the Federal Work-Study Program, which provides jobs for undergraduate and graduate students with financial need as a means of alleviating their educational expenses. The additional $10.4 million funds will be distributed to schools in major disaster areas affected by hurricanes Harvey, Irma, and Maria, as well as schools that have enrolled a high volume of students affected by these disasters. 

12/20/2017
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