ED’s Proposed Borrower Defense Rule: Comment Toolkit for Institutions

Thompson Coburn LLP

July 13, 2022
On July 13, 2022, the U.S. Department of Education published its proposed revisions to the borrower defense to repayment (BDR) rule in the Federal Register. This proposed rule applies to all institutions of higher education participating in the Title IV federal financial aid programs. Elements of the rule also impact organizations that provide services to institutions, particularly those relating to educational programs, marketing, recruitment, or lead generation.

Thompson Coburn’s Higher Education Practice urges all institutions of higher education to evaluate the proposed rule closely and to consider commenting. We believe there is much about the Department’s proposal that will be of significant concern for schools and service providers.

To assist institutions with their review of the proposed rule and the drafting of comments, we have made several tools available. First, institutions can access a redline we created that compares the proposed changes to the current version of the rule. Second, institutions can review the webinar and accompanying slides we presented on July 29, 2022, during which we examined the proposed revisions to the BDR rule and discussed many of the concerns outlined below. Third, institutions can review a memorandum we prepared, which highlights certain aspects of the proposed rule we believe may be of concern for institutions and recommends potential comments for consideration. Click here to access this document.