Third time's the charm? – U.S. Department of Education issues additional Q&A on implementation of 2016 "borrower defense to repayment" regulations

The U.S. Department of Education (ED) has issued additional guidance in the form of several supplemental "questions and answers" related to implementation of ED's 2016 "borrower defense to repayment" regulations (BDTR Regulations). The BDTR Regulations took effect as of 16 October 2018, in accordance with a court's decision in related litigation.

This most recent guidance, which is dated 19 June 2019, is the third time ED has provided institutions some instructions about how to comply with the BDTR Regulations. Under the BDTR Regulations, institutions are required to report certain events to ED and ED is authorized to reassess an institution's compliance with ED's financial responsibility standards when certain triggering events occur. For a detailed summary of the BDTR Regulations, please see our previous alert. For information about ED's 15 March Electronic Announcement, please see our related alert. Similarly, for information about ED's 3 June Electronic Announcement containing a first set of questions and answers, please see our related alert.

Read More: Third time's the charm? – U.S. Department of Education issues additional Q&A on implementation of 2016 "borrower defense to repayment" regulations


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