Skip to Main Content
Thought Leadership

ED Pushes Borrower Defense Reporting Q&A



June 04, 2019

Related Industry:


Related Service:

Higher Education

Update: On August 30, 2019, the U.S. Department of Education released extensive final regulations addressing, among other topics, Borrower Defense to Reporting requirements. We are continuing to analyze these new regulations, and will provide updates as practicable.

Yesterday evening, the U.S. Department of Education (ED) released a much-anticipated Q&A regarding Borrower Defense to Repayment Reporting due from institutions of higher education beginning on May 14, 2019. The key points of the brief Q&A are:

  1. Public institutions are subject to certain reporting requirements.
  2. Debts and liabilities arising from all settlements are subject to reporting.
  3. Institutions must report all types of litigation brought on or after July 1, 2017.

What this means to you

Colleges and universities should implement systems to provide notifications to ED as directed. Reporting requirements are not static: they require timely updates to ED as litigation proceeds, settlements are entered, and liabilities arise.

Contact us

If you have questions about these reporting requirements, contact Anne Cartwright, Julie Miceli or your Husch Blackwell attorney.


Anne D. Cartwright

Senior Counsel

Julie Miceli

Office Managing Partner

Stay updated.

Subscribe to receive Husch Blackwell’s news and insights.

Select your preferences