Last week AACS sent out an alert that District Judge Randolph Moss had granted summary judgment to the student-plaintiffs in their case against Secretary DeVos. The case involved their claim that Secretary DeVos had violated the Administrative Procedures Act and the Department of Education’s own regulations when she delayed the implementation of the Obama era Borrower Defense to Repayment Rule (“BDR”). The case had been quiet for nearly 5 months when the ruling came out last week. It was a surprise to many because the Secretary is widely expected to publish the final revisions to the BDR rule following negotiated rulemaking and comment earlier this year.
Click Here to Read the Full Update and Next Steps