Home Coronavirus Coverage ED Urges Court to Toss out Challenge to Aid Distribution, Pledging Additional Guidance – NASFAA

ED Urges Court to Toss out Challenge to Aid Distribution, Pledging Additional Guidance – NASFAA

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The Department of Education (ED) is urging a judge to disregard a lawsuit filed by the California Community Colleges System over eligibility requirements related to disbursement of funds from the Coronavirus Aid, Relief, and Economic Security (CARES) Act, since ED says it has not issued its final guidance on how to implement the aid.

The court filing, issued on May 25, follows an updated statement from ED on May 21 that said it would not enforce its initial CARES Act guidance that would limit federal emergency student grants to those eligible to receive Title IV aid, because it lacks “the force and effect of law.” Still, it stopped short of opening up grant eligibility to international students, those enrolled in the Deferred Action for Childhood Arrivals (DACA) program, and undocumented students.

“[ED] has not completed its decision making process and arrived at a final interpretation of [distributing emergency funding]. Instead, it has offered only preliminary guidance,” the legal document read.

However, there has been no indication in any iteration of ED’s guidance — nor in the certification form that institutions must sign in order to receive the funds — that the guidance was preliminary.

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