Preemption Comment to The Department of Education

The Department of Education recently released a new legal interpretation that revises and clarifies its position on the legality of state laws and regulations that govern various aspects of the servicing of federal student loans. This action will help states enforce borrower bills of rights or other similar laws to address issues with servicing of federal student loans. TICAS, NCLC, and VES submitted comments commending the Department’s revised interpretation, and highlighting the need to afford the same respect for state enforcement power in Department policies related to the regulation of institutions of higher education operating online across state borders and the National Council for State Authorization Reciprocity Agreements (NC-SARA).