Navigating Regulatory Uncertainty
As momentum grows to return control of education to the states—aligned with efforts to potentially dissolve the U.S. Department of Education —higher education institutions are navigating a new era of uncertainty regarding federal funding, regulatory compliance, and accreditation oversight.
At McClintock & Associates, we specialize in higher education auditing, compliance, and financial oversight. Our goal is to help colleges, universities, and financial aid offices understand potential risks, maintain compliance, and proactively plan for regulatory shifts.
Recent Department of ED Insights
Federal Student Aid Changes: What Survived, What Didn’t, and What’s Next
If you’ve followed the news lately, you may have noticed the same legislative package referred to by multiple names—the Reconciliation…
Department of Education Reverses Course on 90/10 Rule: Non-Title IV Distance Education Revenue Eligible Again
The U.S. Department of Education has issued new interpretive guidance that significantly impacts how proprietary institutions calculate revenue under the…
How to Navigate the Sweeping Changes to Federal Student Aid
On Friday, July 4th, President Trump signed the Reconciliation Bill (“Big Beautiful Bill”) into law. With changes taking effect as…
Latest News
- Federal Student Aid Changes: What Survived, What Didn’t, and What’s Next (7/10/25)
- Department of Education Reverses Course on 90/10 Rule: Non-Title IV Distance Education Revenue Eligible Again (7/9/25)
- How to Navigate the Sweeping Changes to Federal Student Aid (7/9/25)
- Understanding the 2026–27 FAFSA Changes: What Financial Aid Officers Need to Know (7/9/25)
- Negotiated Rulemaking Session on PSLF Employer Eligibility (6/30/25)
- Insights from the 2025 North American Career Education Convention (6/27/25)
- Reevaluating Your School’s Audit Experience: Is It Time for a New Approach? (6/24/25)
- Your Roadmap Through Competing Federal Aid Proposals (6/11/25)
- Navigating New V4 Verification Changes: What Your Institution Needs to Know (6/10/25)
- Avoiding ED Rejections: How to Strengthen Your Compliance Submissions (5/30/25)
- Legislative Watch: What’s Next for the Reconciliation Bill (5/23/25)
- Department will resume processing of post-screening data on ISIRs (5/1/25)
Frequently Asked Questions
Is Title IV funding at risk due to proposed changes to the Department of Education?
While there have been calls to reduce or eliminate the U.S. Department of Education, any changes would require congressional action and could take time (years?) to implement. As of now, Title IV funding—including Pell Grants, Direct Loans, and campus-based aid—remains intact, and institutions are still required to follow current federal regulations. Institutions should prepare for possible funding delays, or potential policy changes, and ensure strong internal financial aid processes.
Are institutions still required to be audited under current regulations?
Yes. Institutions participating in Title IV programs must continue to comply with audit requirements under the Higher Education Act and related ED regulations. This includes annual compliance audits and financial statement audits, even amid this uncertainty.
What happens if the Department of Education is dismantled?
Dismantling the Department would require significant legislative changes. If it were to occur, regulatory responsibilities could shift to other federal or state agencies. However, Title IV programs are rooted in federal law, and until new legislation is passed, institutions must continue to comply with existing guidance and reporting requirements.
Will Gainful Employment and Financial Responsibility rules still be enforced?
Yes, unless they are formally repealed or delayed. New regulations (such as those finalized in 2023–2024) are currently set to go into effect and must be followed. Institutions should prepare for compliance regardless of political adjustments, as enforcement remains active until otherwise noted.
Should we pause implementing new ED regulations due to this uncertainty?
No. Institutions should continue implementing regulations that have already been finalized and scheduled for enforcement. Noncompliance could still result in findings or liabilities during audits and program reviews. This includes planning for upcoming implementation of rules such as the final regulations published earlier this year that will go in effect July 1, 2026, unless they are formally delayed or rescinded. Federal Register – Final Rules (January 3, 2025) Institutions are encouraged to do what you’ve always done — develop internal timelines, assess processes, and prepare staff training or procedural updates to ensure readiness.
How will this uncertainty affect final audit determination letters and program reviews?
Program reviews, audits, and enforcement actions remain active and enforceable. Institutions should continue to maintain documentation, ensure policies and procedures are current, and follow best practices for Title IV administration. However, due to significant reductions in the Department of Education’s workforce, institutions may experience longer response times and delays in review processes or communication. Staying organized and proactive will be even more important during this time.
What should we do if we don’t hear back from ED?
Due to staffing shortages, delays are to be expected. If you haven’t received a response within 30–45 days, follow up through the original channel, confirm your submission was complete, and document all communication. When needed, consult your auditor and/or legal counsel, and proceed based on existing guidance and best practices.
We need to make a change to our E-CAR, but it’s locked and we can’t get ahold of anyone. What should we do?
Even if you’re experiencing delays or unresponsiveness, required updates—like changes to locations, programs, key personnel, ownership, or third-party servicers—must still be attempted within expected timeframes.
Here’s what to do:
- Email your case team with supporting documentation and request that the E-App be unlocked.
- Submit a help request through FSA Partner Connect.
- Document, document, document—save copies of all emails, help tickets, error messages, and attempts to comply.
While response times may be slow, these steps demonstrate your institution’s good-faith effort to meet compliance obligations.
How can our institution stay ahead of potential changes?
Stay informed through reliable sources like Federal Student Aid (Knowledge Center), NASFAA, state and regional associations, as well as legal and accounting advisors. Want monthly updates from us delivered directly to your inbox? Sign up for our newsletter here!
What is McClintock & Associates doing to support clients during this time?
Change is nothing new in higher education—regulations evolve regularly, and institutions have always had to adapt. While the current uncertainty may feel heightened, we’re continuing to do what we’ve always done: monitor federal developments closely, interpret emerging guidance, and help institutions stay compliant. We offer timely updates, practical tools like checklists and templates, individualized consulting, and audit support to ensure you’re prepared for whatever comes next.
How We Can Help
As higher education auditors and compliance experts, we provide institutions with strategic guidance and risk mitigation planning in this evolving landscape.
We ensure compliance and audit readiness as regulations shift.
We identify vulnerabilities in financial reporting.
We perform due diligence and define risks.
Resource Hub

Government & Policy Updates
Federal Student Aid (FSA) : studentaid.gov
National Association of Student Financial Aid Administrators (NASFAA): nasfaa.org
U.S. Government Education Policy: ed.gov
Career Education Colleges and Universities (CECU): career.org
The Career Schools Private Education Network (CSPEN): cspen.com