BORROWER DEFENSE NEGOTIATIONS FAIL TO REACH CONCENSUS

Schools concerned about the future of Borrower Defense to Repayment appear to have one less thing to worry about. The third and final meeting of the Borrower Defense to Repayment Negotiated Rulemaking committee concluded with little consensus on the issues. When negotiators fail to reach consensus, the Department of Education is free to write the rules as they see fit and the Department’s draft rule has a lot of support from schools and colleges, particularly those seeking relief. Now that the negotiations are over, ED will publish a Notice of Proposed Rulemaking (NPRM). Members of the public will have a chance to comment on the proposed regulations and final regulations are likely to be issued by November 1, 2018. If this occurs according to this timeline, the new rules will take effect July 1, 2019.