Student Financial Aid

Student Financial Aid

Participation in federal student financial aid programs under Title IV of the Higher Education Act is essential to most U.S. higher education institutions and their ability to increase access and serve students. We help education institution establish eligibility to participate in Title IV programs, understand requirements, and comply with the rules sustainably.

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We advise on various types of financial aid, including military tuition assistance, veterans’ education benefits, private education loans, state financial aid programs, as well as restricted scholarships and fellowships.

Our team represents higher education institutions in changes-of-control, affiliations, and other transactions affecting participation in student financial aid programs. We’ll assist you in responding to audits and program reviews. And, where appropriate, in voluntarily disclosing instances of noncompliance and reporting matters to the Office of the Inspector General.

We also defend institutions in False Claims Act cases alleging violations of student financial aid program requirements.

We prepare comments for higher education clients in U.S. Department of Education (ED) rulemaking proceedings. We’ll also keep you abreast of regulatory developments via our white papers on new laws and regulations. These include ED rulemakings on borrower defenses to repayment, gainful employment, and state authorization of distance education.

Representative experience

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Working with co-counsel in the successful defense representing colleges and universities in program reviews and audits of federal student financial aid programs, including advising on findings related to Clery Act, Satisfactory Academic Progress, institutional and program eligibility, and Drug and Alcohol Abuse Prevention Program requirements.
Representing a university in voluntary disclosure and subsequent program review of administration of Title IV programs, achieving a favorable outcome for the client.
Representing a university in a False Claims Act case alleging violation of the incentive payment rule.
Representing higher education institutions outside the U.S. in applying to participate in federal student financial aid programs and complying with applicable rules.
Serving as education regulatory and corporate counsel for a public postsecondary education company in acquisition of a health professions school.
Preparing comments for higher education institutions and associations on ED proposed rules on federal student financial aid programs.
Representing a for-profit university in education regulatory and other matters, including military and veterans’ education benefits.
Representing universities in negotiation of third-party servicer agreements for administration of student financial aid.
Representing universities in ED Office for Civil Rights investigations and compliance reviews concerning race-conscious admissions and financial aid.
Advising a university on private education loans for international graduate students.
Advising institutions on Department of Defense Memorandum of Understanding related to tuition benefits.
Advising institutions on compliance with requirements applicable to veterans’ education benefits programs.
Advising institutions on responses to U.S. Department of Veterans Affairs compliance reviews related to veterans’ education benefits.

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