The U.S. Department of Education Negotiated Rulemaking Sessions: The Title IV, Higher Education Act (HEA) Borrower Defense to Repayment (BDR) and Gainful Employment (GE) Rules
November 16, 2017
| BDR Session 1 Recap
December 8, 2017 | Webinar | GE Session 1 Recap
January 12, 2018 | Webinar | BDR Session 2 Recap
February 9, 2018 | Webinar | GE Session 2 Recap
February 16, 2018 | Webinar | BDR Session 3 Recap
March 16, 2018 | Webinar | GE Session 3 Recap
Please join us for a series of timely webinars on “Department of Education Negotiated Rulemaking Sessions: The Title IV, Higher Education Act (HEA) Borrower Defense to Repayment (BDR) and Gainful Employment (GE) Rules.” Duane Morris Education Practice Group attorneys will present brief, but informative webinars within 24 hours of the conclusion of each upcoming rulemaking negotiation session for BDR and GE. With federal lawsuits pending that challenge the authority of Secretary Betsy DeVos to renegotiate these rules, our webinars will closely track these significant policy discussions and their ramifications for all higher education stakeholders.
Borrower Defense to Repayment Post-Negotiated Rulemaking Session Webinar Recap Schedule
BDR Session 1 Recap | November 16, 2017 | 2:00 p.m. Eastern | Video
BDR Session 2 Recap | January 12, 2018 | 2:00 p.m. Eastern | Video
BDR Session 3 Recap | February 16, 2018 | 2:00 p.m. Eastern | Video
Gainful Employment Post-Negotiated Rulemaking Session Webinar Schedule
GE Session 1 Recap | December 8, 2017 | 2:00 p.m. Eastern | Video
GE Session 2 Recap | February 9, 2018 | 2:00 p.m. Eastern | Video
GE Session 3 Recap | March 16, 2018 | 2:00 p.m. Eastern | Video
Each webinar will be 45 minutes, including 15 minutes for Q&A.
About the Negotiated Rulemaking Sessions
Borrower Defense to Repayment (BDR) Rule
Negotiated Rulemaking Committee 1 will focus on the BDR, published November 1, 2016, and that was intended to be effective by its terms on July 1, 2017. That rule was delayed indefinitely by Secretary DeVos and is now subject to this newly announced rulemaking proceeding. The Title IV, HEA regulations to be addressed by Committee 1 include: Borrower Defense; Misrepresentation; Program Participation Agreement; Closed School Discharge; False Certification; Financial Responsibility and Administrative Capability; and Arbitration and Class Action Lawsuits, among other associated topics. The committee will also address the topic of whether and to what extent guaranty agencies may charge collection costs to a defaulted borrower who enters into a loan rehabilitation or other repayment agreement within 60 days of being informed that the guaranty agency has paid a claim on the loan. The negotiation also includes a Financial Responsibility Subcommittee that will discuss whether or how changes to Financial Accounting Standards Board’s (FASB) accounting standards for financial reporting necessitate modifications to the Department’s financial responsibility regulations.
Gainful Employment (GE)
The U.S. Department of Education has announced that Negotiated Rulemaking Committee 2 will focus on revisions to the current GE regulations in 34 CFR part 668, subpart Q, including, but not limited to, the debt-to-earnings rates measure, sanctions, and reporting and disclosure of information, as well as related reporting and disclosure regulations in 34 CFR 668.41.
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