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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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Government Relations; Authorizations & Regulations

Department of Education Announcement Regarding an Open Meeting of the HBCU Capital Financing Advisory Board (Nov. 15, 2017)

Announcement issued by the U.S. Department of Education providing notice of an open meeting of the Historically Black Colleges and Universities (HBCU) Capital Financing Advisory Board (Board) to provide advice to the Secretary as to the capital needs of HBCUs and the implementation of construction financing through the HBCU Capital Financing Program. Interested parties are invited to provide public comment regarding the Board’s work and the Capital Financing Program on Saturday, December 2, 2017. 

11/16/2017
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Financial Aid; Students; Government Relations; Authorizations & Regulations

Notice of Proposed Rulemaking by the U.S. Department of Education to Delay Final Regulations Affecting Student Loan Programs (Oct. 24, 2017)

Notice of Proposed Rulemaking by the Department of Education to delay until July 1, 2019, the effective date of selected provisions of final regulations under the Student Assistance General Provisions, Federal Perkins Loan Program, Federal Family Education Loan Program, William D. Ford Federal Direct Loan Program, and Teacher Education Assistance for College and Higher Education Grant Program. The Department will continue to process borrower defense claims under existing regulations during the delay and borrowers may continue to apply for the discharge of their loans under these programs. Interested parties are invited to comment on or before November 24, 2017.

10/25/2017
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Financial Aid; Students; Government Relations; Authorizations & Regulations

Interim Final Rule by the U.S. Department of Education Delaying Selected Provisions of Final Regulations Affecting Student Loan Programs (Oct. 24, 2017)

Interim Final Rule published by the U.S. Department of Education delaying the effective date of final regulations of various student loan programs to July 1, 2018. The selected regulations originally had an effective date of July 1, 2017, and concern the Department’s standard and process for adjudicating borrower defense claims, requirements relating to financial responsibility standards, provisions that require institutions to provide warnings about their students’ loan repayment rates, and prohibitions against institutions’ use of arbitration or class action waivers in their agreements with students. The Department cited the pending litigation, California Association of Private Postsecondary Schools v. DeVos, among other reasons, for delaying the effective date of the selected regulations. The Department invites interested parties to comment on or before November 24, 2017.

10/25/2017
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Financial Aid; Students; Government Relations; Authorizations & Regulations

Federal Student Aid Dear Colleague Letter on the Wind-down of the Federal Perkins Loan Program (Oct. 6, 2017)

Dear Colleague Letter issued by the U.S. Department of Education’s Office of Postsecondary Education providing additional information on the wind-down process outlined in the Perkins Loan Program Extension Act of 2015. The Letter discusses the expiration of authority for making new Federal Perkins Loans for graduate and undergraduate students, the process by which participating institutions are to either return or distribute the assets of institutions’ Federal Perkins Loan Revolving Fund, and the option of assigning both non-defaulted and defaulted Perkins Loans to the U.S. Department of Education. Individuals with questions about the Letter should contact the department by email, or contact (877) 801-7168 for campus-based questions. 

10/24/2017
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Government Relations; Authorizations & Regulations

Announcement of the Withdrawal of Memorandums of Understanding Between the CFPB and the U.S. Department of Education Related to Information Sharing, Supervision and Oversight Cooperation

Announcement issued by the U.S. Department of Education providing notice of intent to terminate a series of Memoranda of Understanding (MOUs) between the agency and the Consumer Financial Protection Bureau (CFPB). The related MOUs aimed to increase the efficiency of identifying and processing claims of student loan fraud by sharing information between the two agencies. The Department of Education cited instances of self-directed CFPB processing of Title IV federal student loan complaints, rather than channeling complaints to the Department of Education within the agreed upon ten days as outlined in the MOUs, and the Department’s full oversight responsibility for federal student loans, as reasons for its notice of intent to terminate the MOUs. 

9/5/2017
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Disaster Planning & Response; Campus Police, Safety & Crisis Management; Government Relations; Authorizations & Regulations

Department of Education Guidance for Helping Title IV Participants Affected by a Major Disaster (August 29, 2017)

Guidance issued from the Department of Education’s Postsecondary Education Office regarding the impact of a “major disaster” on the administration of Title IV student assistance programs. The letter provides guidance for regulatory relief to all recipients of Title IV financial aid and their families who reside at, are employed, or attend institutions located in a federally declared disaster area in the United States, as well as financial lenders and related institutions in affected areas. Affected participants of Title IV should refer to the attachment prepared by the Acting Assistant Secretary for Postsecondary Education for additional information.

8/30/2017
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Authorizations & Regulations; Government Relations; Campus Police, Safety & Crisis Management; Disaster Planning & Response

Department of Education Activates Emergency Response Contact Center (August 29, 2017)

Announcement from the Department of Education noting that the Department has activated its emergency response contact center in reaction to Hurricane Harvey. In light of the federally declared “major disaster,” the Department seeks to assist school districts and higher education institutions in their recovery efforts. Institutions in the affected region should refer to the guidance letter prepared by the Federal Student Aid Chief Operating Officer for local assistance and resources. 

8/30/2017
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Government Relations; Authorizations & Regulations

U.S. Department of Education Announcement on the Establishment of Negotiated Rulemaking Committees (August 30, 2017)

Notice by the U.S. Department of Education’s Office of Postsecondary Education announcing an intent to establish two negotiated rulemaking committees and requesting nominations for individual negotiators. The first committee will address revisions to the regulations on borrower defenses and financial responsibility issues, while the second committee will address revisions to gainful employment regulations. Committee meetings are open to the public and interested parties should refer to the Schedule for Negotiations and Subcommittees for specific dates and meeting locations. Nominations for negotiators to serve on the committees must be received on or by September 29, 2017. 

8/30/2017
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