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Borrower Defense Rule Webinar Series


The Proposed Borrower Defense Framework

Date of Presentation: August 24, 2016

Presenter: Aaron Lacey

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.

Proposed Changes to the Financial Responsibility Standards

Date of Presentation: August 31, 2016

Presenter: Aaron Lacey

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.

Proposed Elimination of Arbitration Clauses

Date of Presentation: September 7, 2016

Presenters: Aaron Lacey, Jeffrey Fink

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.

The Proposed Repayment Rate for Proprietary Schools

Date of Presentation: September 14, 2016

Presenter: Aaron Lacey

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.

Originally Presented:
August 24, 2016