Gombos Leyton Blog

FSA Threatens Administrative Action Against Institutions that Use NDAs to Prohibit or Limit Employees from Communicating with The Department of Education

The Department of Education’s Office of Federal Student Aid (“FSA”) recently published a new enforcement bulletin, prohibiting postsecondary institutions from using certain nondisclosure agreements (“NDAs”) to prevent employees from speaking with...

Department of Education Establishes Enforcement Office

The Department of Education recently announced the establishment of the Office of Enforcement within Federal Student Aid. Led by Kristen Donoghue, former enforcement director at the Consumer Financial Protection Bureau, the Office of Enforcement...

FTC Notifies Proprietary Schools It Intends Assert Authority To Deter Misrepresentations

On October 7, 2021, the Federal Trade Commission announced that it had sent Notices of Penalty Offenses to 70 postsecondary institutions. The Commission voted unanimously (5-0) to authorize the issuance of the Notices to schools, with FTC Chair Kahn

Peter Leyton and Steve Chema Provided an Update on Federal Student Aid Eligibility During the IEC 2020 Virtual Conference

The International Education Council recently held its 2020 Virtual Conference. Attorneys Peter Leyton and Steve Chema provided attendees an overview and update on U.S. federal student aid eligibility. Their presentation can be found here:

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Department of Education Announces New Title IX Regulations

After notice and comment, the Department of Education recently released its final rule governing how schools are required to handle allegations of sexual harassment and sexual assault with respect to education “programs or activities” that receive...

Department of Education Announces Proposed Distance Education Rules

On April 2, 2020, the Department of Education (“Department”) published long awaited proposed rules for distance education. The Notice of Proposed Rule Making (“NPRM”) follows on last year’s rulemaking process. The NPRM’s issuance is more than...

OIG Provides Limited Exemption to Site-Visit Requirements

The Department of Education's Office of Inspector General recently issued a limited exemption from the site-visit requirement in Chapter 3, Section B.9 of the 2016 Audit Guide. 

The letter guidance is available here.

The 2016 Audit Guide, available...

It's Fall and the CDRs are Here!

Yesterday, the Department of Education announced that it had released the Official Cohort Default Rates (“CDR”) for Fiscal Year 2016. The FY2016 rates track students whose loans entered repayment between October 1, 2015 and September 30, 2016 as...

The Department of Education Confirms Effect of Distance Ed. Regulations:  California Residents Enrolled in Many Distance Ed. Programs are Ineligible for Title IV Funds

The distance education regulations, which the Department attempted to put on hold, went into effect on May 26, 2019.  These regulations were originally slated to go into effect on July 1, 2018.  In its announcement on Monday, July 22, 2019, the...

New Borrower Defense to Repayment Rule Expected to Issue in September

The Office of Management and Budget announced today that the Department of Education plans to establish new regulations related to the Borrower Defense to Repayment Rule (BDR). Changes to the Obama-era BDR regulations are expected to include...