LibGuides: Student Loan Law: Agency Guidance

Agency guidance documents do not have the legal force of law, but they are practically binding because they state the agency's current policy on a particular issue. The US Department of Education labels their agency guidance documents "Dear Colleague" letters.

Guidance on the Borrower Defense Rule

Rescission of Borrower Defense Partial Relief Methodology (EA ID: GENERAL-21-51)
US Dept of Education, 8/24/21. Biden's Education Dept. wants you to prove you were defrauded by a for-profit school — then it will forgive all your student debt.

Dear Colleague Letters

Current Dear Colleague Letters
Knowledge Center, US Dept of Education

HUD Guidance

HUD Guidance - Mortgagee Letter 2021-13
This policy update removes the current requirement that lenders calculate a borrower’s student loan monthly payment of one percent of the outstanding student loan balance for student loans that are not fully amortizing or are not in repayment. The new policy bases the monthly payment on the actual student loan payment, which is often lower, and helps homebuyers who, with student debt, meet minimum eligibility requirements for an FHA-insured mortgage.

IRS

IRS exempts some forgiven student loans from taxes
Rev. Proc. 2020-11

Memos

Guidance for Dept of Justice Attorneys regarding discharging student loans in bankruptcy
11/22 Developed in concert with Dept of Ed lawyers.
Revised guidance to FSA vendors on outside requests for Department records and data
5/31/21 Memo from Education Department's Office of Federal Student Aid (FSA)