December 4, 2020

Volume X, Number 339

Advertisement

December 03, 2020

Subscribe to Latest Legal News and Analysis

December 02, 2020

Subscribe to Latest Legal News and Analysis

December 01, 2020

Subscribe to Latest Legal News and Analysis

Reminder to Higher Education Institutions of October 30 Deadline for CARES Act HEERF Institutional Fund Reports

As communicated in two email blasts from the U.S. Department of Education (ED) — first on September 23, 2020 and again on October 19, 2020 — postsecondary institutions that have received Higher Education Emergency Relief Fund (HEERF) grants under Section 18004 of the Coronavirus Aid, Relief and Economic Security (CARES) Act must post their first HEERF quarterly institutional fund report no later than October 30, 2020. This first institutional fund report must reflect all expenditures of HEERF grant awards, including the institutional portion of Section 18004(a)(1) awards as well as funds received under Sections 18004(a)(2) and 18004(a)(3), between the date such funds were initially received and September 30, 2020. During an October 14, 2020 webinar, which is available here along with other information on HEERF reporting requirements, ED clarified that each quarterly report should be compiled based on the institution’s expenditure dates — rather than the date of reimbursement from its HEERF grant award. ED also requested that the reporting form be completed electronically and not include any handwritten entries.

An institution must post the completed HEERF quarterly institutional fund report form (or a link thereto) on the institution’s public website in the same location where it posts the required HEERF student emergency grant data. Subsequent quarterly reports must be similarly posted within 10 days of the end of the quarter (i.e., January 10, 2021; April 10, 2021; July 10, 2021) and include expenditures only for that previous quarter.

ED also has indicated that all of an institution’s HEERF quarterly reports (both institutional portion and student aid-related) should remain publicly accessible on the institution’s website and not be removed when new quarterly reports are posted. An institution may also provide a readily accessible link to its past quarterly HEERF reports instead of embedding all reports on the same webpage, and these reports must be maintained for a three-year record retention period. ED has not yet indicated, however, when institutions may remove these reports from their public websites.

During its webinar explaining these requirements, ED further requested that institutions email a link to their HEERF reporting page to HEERFreporting@ed.gov. Although that is not expressly required by the CARES Act, we are aware of ED contacting institutions that it believes have not complied with the HEERF reporting requirements to date. Institutions proactively sending ED the links to their HEERF reporting websites therefore will assist ED in monitoring compliance with its requirements.

© 2020 Faegre Drinker Biddle & Reath LLP. All Rights Reserved.National Law Review, Volume X, Number 303
Advertisement

TRENDING LEGAL ANALYSIS

Advertisement
Advertisement

About this Author

Jonathan Tarnow, Education and Government affairs lawyer, Drinker Biddle
Partner

Jonathan D. Tarnow advises clients on a wide range of education law matters involving the U.S. Department of Education, accrediting bodies, state agencies and other government regulators. He has extensive experience advising public, non-profit and proprietary institutions of higher education on the statutory and regulatory requirements of federal student financial aid programs under Title IV of the Higher Education Act, and has represented institutions in Title IV compliance reviews and audits, including administrative hearings and appeals related to...

(202) 354-1357
John Przypyszny, Drinker Biddle Law Firm, Public Education Attorney
Partner

John R. Przypyszny counsels institutions of higher education, education companies as well as accrediting agencies on the broad range of legal issues and education law related issues that impact their institutions and businesses on a day-to-day basis. He advises clients on education law matters involving the U.S. Department of Education, accrediting bodies, state agencies and other government regulators. He also has extensive experience advising institutions of higher education on the statutory and regulatory requirements of federal student financial aid...

(202) 842-8858
Cindy Irani, Regulations attorney, Drinker Biddle
Associate

Cindy Irani counsels clients in a variety of industries including education, financial services, health care and telecommunications and is experienced in education law, political law and government contracts law.

Cindy has experience dealing with issues pertaining to the federal Higher Education Act, state educational licensing laws and the accreditation of institutions of higher education. She helps advise nonprofit and for-profit educational institutions, education companies and private investors on complex transactions,...

312-569-1052
Sarah Pheasant, Education and Compliance Lawyer, Drinker Biddle
Associate

Sarah L. Pheasant advises clients on various aspects of education law and regulatory compliance, including issues pertaining to the Higher Education Act, Title IV federal student aid programs, state educational licensing laws and the accreditation of postsecondary institutions. She has helped to advise non-profit and for-profit educational institutions and private investors on complex transactions, including changes of ownership involving institutions of higher education.

Before joining Drinker Biddle, Sarah handled a diverse range of litigation,...

(202) 230-5675
Advertisement
Advertisement