Archives for Student Loans

Borrower Defenses to Repayment: How Colleges Can Avoid a Claim

Borrower Defenses to Repayment: How Colleges Can Avoid a Claim

September 10, 2019
Categories: Higher Education and Student Loans.

On August 30, 2019, the U.S. Department of Education (the Department) released the third version of its Borrower Defenses to Repayment (BDTR) regulation, which is a regulation that, among other things, provides a mechanism for federal student loan borrowers to assert that the college should be required to repay their student loans on account of the school’s fraudulent acts or omissions. The version of BDTR that applies to a borrower’s situation depends upon when the loan in question was first disbursed: 1. For loans first disbursed prior to July 1, 2017, the version of BDTR that applies is the regulation
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Educational Institutions Have Cybersecurity and Infrastructure Security Compliance Obligations

Educational Institutions Have Cybersecurity and Infrastructure Security Compliance Obligations

April 4, 2019
Categories: Higher Education, K-12, and Student Loans.

On April 3, 2019, Jonathan Vogel attended a program at McGuireWoods LLP on the federal government’s newly formed Cybersecurity and Infrastructure Security Agency (CISA) within the U.S. Department of Homeland Security. Cybersecurity and infrastructure security are issues that impact many areas of the public and private sectors, including schools, colleges, and universities. Aside from complying with the Family Educational Rights and Privacy Act of 1974 (FERPA) — which protects the privacy of student education records at all schools, colleges, and universities that receive funds under an applicable program of the U.S. Department of Education – educational institutions should be mindful that
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New Financial Aid Disclosure Template Will Make College Costs and the Options for Affording Those Costs Clearer to Prospective and Current Students

New Financial Aid Disclosure Template Will Make College Costs and the Options for Affording Those Costs Clearer to Prospective and Current Students

January 21, 2019
Categories: Higher Education and Student Loans.

On January 16, 2019, the Education Department announced that it is introducing a new template for colleges and universities to use to disclose financial aid information to prospective and current students. The College Financing Plan, which was previously named the Financial Shopping Sheet, is intended to be more user friendly to both institutions and students. The nation’s student loan debt has skyrocketed to nearly $1.5 trillion, and some borrowers may have benefited from a clearer explanation of the costs and options for affording those costs. The College Financing Plan attempts to set forth in a clearer format the various components
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Jonathan Vogel Discusses What College Students Should Do If Their School Suddenly Closes

Jonathan Vogel Discusses What College Students Should Do If Their School Suddenly Closes

January 8, 2019
Categories: Higher Education and Student Loans.

On January 7, 2019, Jonathan Vogel appeared on WSOC-TV (Charlotte) news to discuss what college students should do if their school suddenly closes. Vogel noted that students who seek to transfer should ensure that they obtain a copy of their transcript and any school catalogs, course guides, and course syllabi. If they have earned a credential (degree/certificate) from the college prior to its closing, then they should ensure that they physically obtain it. With respect to the transfer of credits, the receiving school will likely examine whether the prior school was accredited, whether the credits were for on-campus or online
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