As many in higher education are aware, yesterday, following a
long series of lawsuits, opinions, and orders, the "borrower
defense rule" promulgated by the U.S. Department of Education
on November 1, 2016, took effect. The 2016 Rule was slated to
become law on July 1, 2017, but was delayed by the current
administration. In an order dated September
17, 2018, U.S. District Court Judge Randolph Moss found the current
administration's delay to be unlawful, but gave Secretary DeVos
30 days to make the case as to why the delay should remain in
force. DeVos declined the offer, and instead has indicated that
while she believes the 2016 Rule to be bad policy, the current
Department will move forward with its implementation.
