Home > Insights > TCLE > Library > Borrower Defense Rule Webinar Series

Borrower Defense Rule Webinar Series

The Proposed Borrower Defense Framework

In this first webinar, we deconstruct the proposed borrower defense framework, with particular attention to what would constitute a valid “claim,” and the individual and group processes proposed for resolving such claims. As with all the webinars in the series, we offer our thoughts regarding where the proposed framework may go beyond anything contemplated by Congress, fail to provide due process protections guaranteed under the law, or otherwise seem problematic.

Presenter:
Aaron Lacey



Originally Presented:
August 24, 2016

Proposed Changes to the Financial Responsibility Standards

Among the significant changes proposed by the Department of Education are revisions to the financial responsibility standards. The proposed regulation would create a significant number of new “triggering events” that would automatically require institutions to provide financial protection (e.g., letter of credit). In this webinar we walk through the triggering events and associated processes proposed by the Department.

Presenter:
Aaron Lacey



Originally Presented:
August 31, 2016

Proposed Elimination of Arbitration Clauses

The third webinar in our series examines the proposed elimination of arbitration clauses in agreements between students and institutions. We discuss the particulars of the proposal, including the potential impact on past and future agreements. In addition, we look at the Department’s justification for the proposed measure, and examine whether it has clear statutory authority to carry through.

Presenters:
Aaron Lacey
Jeff Fink


Originally Presented:
September 7, 2016

The Proposed Repayment Rate for Proprietary Schools

Our final webinar focuses on the new repayment rate the Department proposes for proprietary institutions. We examine in detail the methodology the Department suggests it would use, and the penalty associated with a failing rate.

Presenter:
Aaron Lacey


Originally Presented:
September 14, 2016