home

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.

Selected Topics: Students Financial Aid
Dates
New Search
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
read
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
read
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
read
Financial Aid; Bankruptcy & Student Debt; Students

Hugh Lawrence Brooks v. University of Maryland, et al. (Bankr. S.D. Ind. September 14, 2017)

Order granting Defendant’s Motion to Dismiss or in the Alternative, for Summary Judgment. Plaintiff sought to discharge his student loan debt from the University of Maryland for undue hardship. The court found that Plaintiff could not meet the burden of proving undue hardship because he was the only member of his household, had net annual earnings of over $110,000, and by his own admission acknowledged that “his income and expected future income is and will be adequate for him to afford the basic necessities of life.”

9/20/2017
read
Financial Aid; Students

Federal Student Aid Handbook Volume 6 – The Campus-Based Programs (Aug. 14, 2017)

8/15/2017
read
Financial Aid; Students

Notification of Campus-Based Funding for the 2017-2018 Award Year (Aug. 10, 2017)

Notice issued by the U.S. Department of Education’s Office of Federal Student Aid on campus-based funding for the 2017-2018 award year. The Notice announces which institutions have been approved to receive awards under Title IV financial aid programs, including the Federal Work-Study, the Federal Supplemental Educational Opportunity Grant (FSEOG), and Federal Perkins Loan programs. The list is available in pdf and spreadsheet formats. 

8/11/2017
read
Financial Aid; Students

Federal Student Aid Handbook Glossary (July 6, 2017)

Glossary for the 2017-2018 Federal Student Aid Handbook was released by the U.S. Department of Education’s Office of Student Aid. The Glossary contains definitions of the terms and acronyms commonly found within the Handbook and other student aid literature. 

7/10/2017
read
Financial Aid; Students

Federal Student Aid Dear Colleague Letter on Changes to the Federal Pell Grant Program (June 19, 2017)

Dear Colleague Letter issued by the U.S. Department of Education’s Office of Federal Student Aid (FSA) explaining amendments made by the Department of Education Appropriations Act, 2017, to the federal Pell Grant program. The changes allow students to receive Pell Grant funds for up to 150% of the student’s Pell Grant Scheduled Award per academic year, including the summer months, beginning with the 2017-2018 award year. The Letter also discusses how the changes apply in the context of crossover payment periods, transfer students, additional grant awards for the same payment period, and the Iraq and Afghanistan Service Grant Program. 

7/6/2017
read
12345