The Borrower Defense rule is a federal regulation establishing that student loan borrowers may be eligible for forgiveness of the federal student loans used to attend a school, if that school misled them or engaged in other illegal conduct.
FOIA Requests
- Borrower Defense Data and Reports at the Institutional Level - October 5, 2022
- Borrower Defense Memoranda Referenced in Inspector General Report - April 18, 2018
- Collection Proceeding Status of Borrower Defense Applicants - September 11, 2018
- Data Requested and Provided During the 2017-2018 Borrower Defense and Gainful Employment Negotiated Rulemaking Sessions - September 13, 2018
- Communications Regarding Borrower Defense and Gainful Employment NPRMs - October 1, 2018
- Borrower Defense Data and Reports at the Institutional Level - January 21, 2022
- Borrower Defense Data and Reports at the Institutional Level
- Borrower Defense Data and Reports at the Institutional Level - October 12, 2021
Borrower Defense Data and Reports at the Institutional Level – October 5, 2022
1. The total number of borrower defense claims filed from September 1, 2022 to September 30, 2022, broken down by institution;
2. The total number of borrower defense claims granted between September 1, 2022 to September 30, 2022, broken down by institution;
a. Of the granted claims, the total number that received monetary relief, broken down by institution;
b. Of the granted claims, the total dollar amount discharged, broken down by institution;
3. The total number of borrower defense claims denied between September 1, 2022 to September 30, 2022, broken down by institution.
Documents
On December 28, 2023, the Department of Education provided a final response to this request. This production is available here.
Borrower Defense Memoranda Referenced in Inspector General Report - April 18, 2018
Seeking: Memoranda referenced in the Office of Inspector General’s December 8, 2017 report “Federal Student Aid’s Borrower Defense to Repayment Loan Discharge Process.”
Documents
The Department has not yet provided documents in response to this request.
Collection Proceeding Status of Borrower Defense Applicants - September 11, 2018
Seeking: For each of the borrower defense claims received by ED prior to 2015, documents sufficient to show whether the borrower submitting the application was in a collection proceeding at the time the application was submitted.
Documents
On February 25, 2021, the Department provided a final response to this request. The responsive documents are available here.
Data Requested and Provided During the 2017-2018 Borrower Defense and Gainful Employment Negotiated Rulemaking Sessions - September 13, 2018
Seeking: Copies of all the data/information requests submitted by members of the 2017-2018 Borrower Defense and Gainful Employment negotiated rulemaking committees and the Department’s responses to such data/information requests.
Documents
On September 13, 2018, the Department provided a final response. Those documents are available here.
Communications Regarding Borrower Defense and Gainful Employment NPRMs - October 1, 2018
Seeking: Communications between the U.S. Department of Education and non-governmental third parties about the 2018 Borrower Defense negotiated rulemaking. This includes any invitations to meet with outside parties to discuss proposed rules and confirmation of any meetings that occured.
Documents
On March 2, 2021, the Department provided a final response to this request. The responsive documents are available here and here.
Borrower Defense Data and Reports at the Institutional Level - January 21, 2022
Seeking: In January, March, and April 2022, Student Defense submitted multiple FOIA requests for documents regarding the number of Borrower Defense claims filed, granted, and denied, broken down by institution, for the following time periods:
Documents
The Department initially failed to produce any documents, as required by law. After Student Defense sued the Department in federal court, the Department provided a final response letter and a set of responsive documents. Those documents are available here.
Borrower Defense Data and Reports at the Institutional Level – October 12, 2021
Seeking: In October 2021, Student Defense submitted a FOIA request for documents regarding the number of Borrower Defense claims filed, granted, and denied, broken down by institution from January 1, 2015 to the date of this request, October 12, 2021.
Documents
On December 8, 2023, the Department of Education provided a final response to this request. This production is available here.
Borrower Defense Data and Reports at the Institutional Level
Seeking: In May, September, October, November, December 2022, and January 2023, Student Defense submitted FOIA requests for documents regarding the number of Borrower Defense claims filed, granted, and denied during April, May, July, August, September, October, November, and December 2022, broken down by institution.
Documents
On September 20, 2023, the Department of Education provided a final response for the time period of December 1, 2022 to December 31, 2022. This production is available here.
On September 20, 2023, the Department of Education provided a final response for the time period of November 1, 2022 to November 30, 2022. This production is available here.
On September 15, 2023, the Department of Education provided a final response for the time period of October 1, 2022 to October 31, 2022. This production is available here.
On August 14, 2023, the Department of Education provided a final response for the time period of August 1, 2022 to August 31, 2022. This production is available here.
On June 20, 2023, the Department provided a final response for the time period of May 1, 2022 to June 30, 2022. This production is available here.
On March 14, 2023, the Department provided a final response for the time period of July 1, 2022 to July 31, 2022. This production is available here.
On November 1, 2022, the Department of Education provided a final response for the time period of April 1, 2022 to April 30, 2022. This production is available here.