FOIA Request: Records Related to the U.S. Department of Education’s Borrower Defense to Repayment Recoupment Action Against DeVry University

AgencyDepartment of Education
TypeFOIA Request
IssueBorrower Defense
TrackingDFI FOIA No. 100-2-23
DateFeb 10, 2023

Since January 20, 2021, the Department has engaged in radical shifts in its policies regarding federal student aid, including unprecedented application of the Borrower Defense to Repayment regulations against for-profit educational institutions. A recent example involves the Department's imposition of a "recoupment" penalty against DeVry University in a matter that was settled with the Federal Trade Commission in 2016. In DeVry's appeal of the Department's penalty, a Department administrative judge expressed concern with the potential "double liability" being imposed on DeVry. DFI is extremely concerned with the punitive use of the Department's BDR policies to unfairly and without due process harm for-profit educational institutions (particularly in matters where the Department has neglected to engage in specific fact finding determinations). DFI's FOIA request is for records related to the Department's BDR decision-making regarding DeVry, including communications with activist organizations and elected federal and state officials regarding the Department's application of its BDR policies.