Borrower Defense To Repayment (BDR) Round-Up

As many REGucation readers know, Thompson Coburn has followed the U.S. Department of Education's Borrower Defense to Repayment (BDR) rules closely over many years. This blog post will outline three recent BDR-related developments that institutions of higher education should have on their radar.

Fifth Circuit Enjoins Biden Administration BDR Rule Pending Final Judgment of the District Court

In February 2023, the Career Colleges and Schools of Texas (CCST), an association of proprietary schools, challenged the Biden Administration's BDR Rule (2022 BDR Rule) under various theories, including arguments that it exceeds ED's statutory authority under the Higher Education Act, that it is arbitrary and capricious under the Administrative Procedures Act, and that it violates the Due Process Clause of the Constitution.