Study Guide

The U.S. Department of Education recently issued final regulations governing Title IX, the federal civil rights law prohibiting sex-based discrimination in education programs or activities—such as public or private schools, universities, local or state educational agencies, and museums—that receive federal financial assistance. These new regulations, issued on April 19, 2024, and slated to go into effect on August 1, 2024, make significant changes to the prior Title IX regulations issued in 2020. Whereas the 2020 regulations included a narrower definition of sexual harassment and focused on due process concerns, the 2024 regulations—more akin to the regulations under the Obama administration—broaden the focus of Title IX to sex-based harassment more generally.

Congressional Republicans are increasingly focused on ensuring that U.S. colleges and universities are properly disclosing gifts and contracts from foreign sources under Section 117 of the Higher Education Act of 1965, 20 U.S.C. §1011f (“Section 117”). The Higher Education and Workforce Development Subcommittee of the House Committee on Education and the Workforce (the “Committee”) held a hearing on July 18, 2023 titled Exposing the Dangers of the Influence of Foreign Adversaries on College Campuses, which discussed the enforcement, and even potential expansion, of Section 117.

Following the Supreme Court’s June 30, 2023 ruling determining that the Biden-Harris administration did not have authority to carry out its student debt forgiveness plan, the administration released a fact sheet detailing new actions to provide debt relief and support for student loan borrowers.

Building on its previous efforts to reduce the cost of federal student loans, the Department of Education (DOE), as directed by the Biden-Harris administration, proposed a new rule on Tuesday, January 10, that would reform the federal student loan repayment process. The draft rule recommends a new income-driven repayment (IDR) plan for federal student loan borrowers in addition to simplifying current repayment programs and shortening the timeline for forgiveness.

As litigation surrounding the Biden-Harris administration’s student debt forgiveness plan persists, the administration announced an extension of the student loan repayment pause through June 30, 2023. In an announcement earlier this year regarding student loan forgiveness, monthly payments were set to resume on January 1, 2023. Now that the loan forgiveness is the subject of litigation, the administration has again paused student loan payments.

Last week, the Department of Justice (DOJ) and the Department of Education (DOE) distributed guidance to the legal community clarifying the process for the discharge of federal student loans in bankruptcy proceedings. The agencies said that the new guidelines will standardize, expedite and simplify the legal process student loan borrowers must undergo to discharge their loans.

On Thursday, November 11, Judge Mark Pittman of the U.S. District Court for the Northern District of Texas released a decision that found the Biden-Harris administration’s Federal Student Debt Relief Plan was unconstitutional.

On Thursday, October 27, the Department of Education (DOE) announced new regulations that carry out provisions of the Inflation Reduction Act (H.R. 5376) regarding oversight of-profit colleges, expanding Pell grants to incarcerated students and changes to institutional ownership guidelines. These rules were published in the Federal Register on Friday, October 28. The final regulations address: