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FOIA

Use of Enforcement Authority

In order to safeguard federal student aid dollars, the U.S. Department of Education has the authority to engage in enforcement actions against institutions of higher education and their third-party servicers when institutions or third-party servicers violate Title IV program requirements. In an effort to protect students and taxpayers, Student Defense has sought information related to enforcement actions taken against institutions or third-party servicers under the Trump administration and previously.


FOIA Requests

 

Emergency Actions - July 6, 2023 

Seeking: Student Defense made a request for:

  1. All documents constituting a notice issued by the Department to an IHE between December 2021 to present, pursuant to 34 C.F.R. § 668.83, beginning an emergency action against the IHE.
  2. All documents constituting a notice issued by the Department to an IHE or third-party servicer between December 2021 to present, pursuant to 34 C.F.R. § 668.83, that begins an emergency action against a servicer contracting with a Title IV-participating IHE.

Documents:

On December 28, 2023, the Department provided a response to this request. The responsive documents are available here.

 

Communications Between the Department and Eastern Gateway Community College - February 17, 2022 

Seeking: All communications or correspondence between the Department and any representative or agent of Eastern Gateway Community College from January 1, 2022 to the present, including but not limited to the January 24, 2022 letter from the Department notifying Eastern Gateway that it was undertaking a program review of the school.

Documents:

On June 1, 2022, the Department provided a response to this request. The responsive documents are available here.

 

Communications Regarding the Assignment of Personal Liability for Losses Arising from Participation in Title IV Programs -  February 8, 2022

Seeking: Documents sufficient to show all communications with any outside party regarding the assumption or imposition (regardless of the means) of personal liability for losses arising out of an institution’s participation in the Title IV programs.

Documents

On July 6, 2022, the Department provided a final response letter to Student Defense stating that "after a search of their files, [the Department was] unable to locate any documents that were responsive to your request."

 

Provisional PPAs Updated - December 13, 2021 

Seeking: Student Defense submitted a FOIA request asking for:

  1. All provisional PPAs that are currently in effect for institutions participating in Title IV Federal Student Aid Programs. 
  2. All provisional PPAs that have been issued since January 1, 2018, that are no longer in effect. 

Documents:

On November 23, 2022, the Department provided a response to this request. The responsive documents are available here.

 

Emergency Actions - December 13, 2021 

Seeking: Student Defense submitted a FOIA request asking for:

  1. All documents constituting a notice issued by the Department to an IHE between December 2018 to present, pursuant to 34 C.F.R. § 668.83, beginning an emergency action against the IHE. 
  2. All documents constituting a notice issued by the Department to an IHE or third-party servicer between December 2018 to present, pursuant to 34 C.F.R. § 668.83, that begins an emergency action against a servicer contracting with a Title IV-participating IHE.

Documents:

On June 16, 2023, the Department provided a response to this request. The responsive documents are available here. [Note: FSA provided records responsive to item 1 of the request. FSA has no responsive records for item 2 of the request.]

 

Records of Department of Education's Use of Subpoena Power - December 13, 2021

Seeking: All subpoenas issued by the Secretary of Education, or any individual serving as the Secretary’s delegee, between December 1, 2018 to present, pursuant to his or her authority under 20 U.S.C. § 1097a.

Documents

On March 16, 2022, the Department provided a final response letter to Student Defense stating that “after a search of their files, [the Office of General Counsel] [was] unable to locate any documents that were responsive to your request."

 

Administrative Actions and Appeals Service Group Monthly Reports - December 6, 2021

Seeking: All Administrative Actions and Appeals Service Group monthly reports from March 2020 to the date of the request. 

Documents

The Department initially failed to produce any documents, as required by law. After Student Defense sued the Department in federal court, the Department sent a final response letter and produced a set of responsive documents. Those documents are available here.

 

Program Participation Agreements for La'James International College - September 29, 2021

Seeking: Any records relating to the Department’s May 2019 decision to halt processing of HCM2 requests for students enrolled in La’James International College’s Hybrid Cosmetology Program until the program’s eligibility could be determined. This includes all correspondence between the Department and La’James regarding this decision, as well as any subsequent agreements and correspondence between La’James and the Department regarding funding for this program. This request includes all documentation related to program reviews of LJIC, any annual compliance audits, and any resulting final audit or program review determinations that pertain to the Hybrid Cosmetology Program.

Documents

The Department initially failed to produce any documents responsive to this request, as required by law. After Student Defense sued the Department in federal court, the Department provided a set of responsive documents. Those documents are available here.


Updated Documents Regarding Proposed Debarments and Suspensions - July 19, 2021

Seeking: All Notices of Proposed Debarments issued or provided to any individual or entity relating to, or arising out of, that individual’s or entity’s participation or involvement in Title IV, HEA programs, including any attachments or enclosures; and all Notices of Proposed Suspensions issued or provided to any individual or entity relating to, or arising out of, that individual’s or entity’s participation or involvement in Title IV, HEA programs, including any attachments or enclosures.

Documents

On August 27, 2021, the Department provided a response to this request. The responsive documents are available here.


Full Sail University Program Participation Agreement - April 28, 2021

Seeking: The most recent Program Participation Agreement (or PPAs if there are multiple) entered into between ED and Full Sail University. To the extent Full Sail is operating under a PPA entered into by a parent institution, that PPA as well.

Documents

On May 5, 2021, the Department provided a response to this request. The responsive documents are available here.

 

Provisional Program Participation Agreements - February 8, 2021

Seeking: All provisional program participation agreements that are currently in effect for institutions participating in Title IV Federal Student Aid Programs and all provisional PPAs that have been issued since Jan. 1, 2010, that are no longer in effect.

Documents

On April 6, 2021 and April 27, 2021, the Department provided sets of responsive documents, which are available here

 

Cases Pending in the Office of Hearings and Appeals or on Appeal to the Secretary - February 5, 2021

Seeking: A list of all cases pending as of the date of this request in the Office of Hearings and Appeals or on appeal to the Secretary.

Documents

On February 18, 2021, the Department provided a response to this request. The responsive documents are available here.  


Administrative Actions and Appeals Service Group Monthly Reports - November 23, 2020

Seeking: All Administrative Actions and Appeals Service Group monthly reports from February 2020 to the date of the request. 

Documents 

On January 10, 2021, the Department provided a response to this request. The responsive documents are available here.

 

Administrative Actions and Appeals Service Group Monthly Reports - January 14, 2020

Seeking: All Administrative Actions and Appeals Service Group monthly reports from January 2017 to the date of the request.

Documents

On February 20, 2020, the Department provided a response to this request. The responsive documents are available here.

 

Notices of Intent to Begin Fine Proceedings - January 15, 2019

Seeking: All documents constituting notice to either institutions of higher education or third-party servicers of its intent to begin fine proceedings by the Secretary, pursuant to her authority under the Higher Education Act.

Documents

On April 16, 2019, the Department provided a response to this request. The responsive documents are available here (114 MB pdf).

 

ED’s Termination of Institutions’ and Third-Party Servicers’ Title IV Eligibility - December 24, 2018

Seeking: All documents constituting notices to institutions of higher education or third-party servicers of the Department’s intent to terminate the authority of any such entity to participate in Title IV programs.

Documents

On July 2, 2019, the Department responded with a set of documents available here.

 

Notices of Beginning Emergency Actions Against Institutions or Third-Party Servicers - January 2, 2019

Seeking: All documents constituting notice of the Department’s intent to begin an “emergency action” against either an institution of higher education participating in Title IV programs or a third-party servicer contracting with such an institution.

Documents

On July 2, 2019, the Department provided responsive documents, which are available here. The Department provided additional responsive documents on January 25, 2021, which are available here.


Use of Enforcement Power to Limit Institutions and Servicers Participating in Title IV Programs - December 19, 2018 

Seeking: On December 19, 2018, Student Defense submitted a request for all documents constituting notice to either higher education institutions or third-party servicers of its intent to limit it participating in Title IV programs by the Secretary, pursuant to her  authority under the Higher Education Act.

On December 13, 2021, Student Defense submitted a second request for updated data. 

Documents

On February 11, 2019, the Department provided a response to the first request. The responsive documents are available here

On May 9, 2022, the Department provided a response to the second request stating that there were no records of the Department utilizing its enforcement power to limit institutions and servicers participating in the Title IV Programs from December 2018 - December 2021. 


The Department of Education’s Use of Debarments and Suspensions to Prevent Title IV Violations - December 18, 2018

Seeking: All notices of debarment and all notices of suspension issued to an individual or entity participating in Title IV programs under the Higher Education Act.

Documents 

On January 9, 2019, the Department provided a final response. On January 10, 2019, Student Defense filed an administrative appeal of that Final Response. The Department granted Student Defense's appeal on May 28, 2019. On June 20, 2019, Student Defense filed a second administrative appeal. On June 8, 2021, the Department provided a final determination letter and a set of responsive documents

 

Records of Department of Education’s use of Subpoena Power - December 6, 2018

Seeking: All administrative subpoenas issued by the Secretary of Education, or the Secretary’s delegee, pursuant to her authority under the Higher Education Act, in order to assist with the Department’s investigations of possible Title IV violations.

Documents

On March 12, 2019, the Department provided a final response to this request. The responsive documents is available here.

 

Findings re: Institutions’ Compliance with Distance Education under Title IV - December 4, 2018

Seeking: All documents constituting Final Program Review Determinations or Final Audit Determinations issued by Federal Student Aid from 2012 to the present that contain the term “regular and substantive interaction.” 

Documents

On September 26, 2019, the Department provided a final response to this request. The responsive documents are available here. (large file)

 

Final Audit Determinations for Western Governors University and Colorado Technical University - December 4, 2018

Seeking: Federal Student Aid’s Final Audit Determinations for Western Governors University and Colorado Technical University. These documents are related to the “regular and substantive interaction” requirement for distance education programs offered by institutions participating in Title IV of the Higher Education Act.

Documents

On May 24, 2019, the Department provided a final response to the request regarding Colorado Technical University. The responsive documents are available here.


Details on Substantial Misrepresentation Findings - July 31, 2018

Seeking: Documents the Department explicitly mentioned when it brought a fine action against Hondros College in 2015. Additionally, documents the Department used to justify its denial of World Medicine Institute’s application for recertification in 2017.

Documents

On July 24, 2020, the Department provided a final response to this request. The responsive documents are available here

 

Communications and Documents Regarding Compliance Audits - July 25, 2018

Seeking: Student Defense submitted FOIA requests asking for:

  1. Communications informing schools or compliance auditors that a Title IV compliance audit submitted to the Department was rejected; and

  2. Documents constituting certain “input and feedback” that the Office of Inspector General provided to the Department regarding how to address compliance audits with quality problems.

Documents 

On August 29, 2018, the Department provided an interim response to Part A. The responsive documents are available here

On September 13, 2018, the Department provided a final response to Part A. Student Defense agreed to accept a summary spreadsheet in lieu of documents. That spreadsheet is available here.

On August 23, 2018, the Office of the Inspector General provided a final response to Part B. The responsive documents are available here.