U.S. Department of Education Focuses on Misrepresentation by Higher Education, Partners
Nancy Anderson, Paul G. Lannon, Nathan A. Adams IV, Maddie Fenton
January 23, 2025
Highlights
As the Biden Administration closed out its tenure, the U.S. Department of Education (ED) announced several policy initiatives and enforcement actions on ED’s regulations surrounding misrepresentation by institutions of higher education that participate in the Title IV programs, as well as companies that partner with such institutions.
Consistent enforcement of the misrepresentation rules by ED has been limited over the years, leaving institutions to focus on compliance primarily with state deceptive trade practice laws. Numerous lawsuits filed by students against institutions that closed their campuses during the COVID-19 pandemic brought many of these laws into focus.
This Holland & Knight alert reviews the misrepresentation rules and what institutions can look for from ED in light of the new Trump Administration.
In the final days of the Biden Administration, the U.S. Department of Education (ED) announced a number of policy initiatives and enforcement actions related to ED’s misrepresentation regulations for institutions of higher education that participate in the Title IV programs, as well as the companies that partner with such institutions. The regulatory and enforcement priorities of the Trump Administration will materially differ from those of its predecessor, but the last-minute guidance could influence state priorities regardless of its federal fate.
