Legal and Regulatory Issues Archives | Career Education Review

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

December 31, 2021 Jenny

By Devin Miller, Director of Communications, Career Education Colleges and Universities (CECU)
In early October, the U.S. Department of Education’s negotiated rulemaking committee on Affordability and Student Loans convened for the first of three sessions to consider changes to various regulations under Title IV of the Higher Education Act, including borrower defense to repayment, closed school discharge, and pre-dispute arbitration agreements.

What to Expect With Negotiated Rulemaking at the Department of Education

September 15, 2021 Jenny

Legal and Regulatory Issues

By John Huston, Vice President of Government Relations, CECU
The Department recently announced the selection of negotiators to represent 16 distinct constituencies on the Affordability and Student Loans Committee. This article summarizes the regulatory areas the Affordability and Student Loans Committee will consider during negotiated rulemaking and what might be next on the negotiated rulemaking agenda.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

The Changing Landscape of the 90/10 Rule

May 21, 2021 Jenny

Legal and Regulatory Issues

By Michael Wherry, CPA, McClintock & Associates, Katherine D. Brodie, Partner, Duane Morris LLP, and Kristina Gill, Special Counsel, Duane Morris LLP
On March 14, 2021, President Biden signed into law the American Rescue Plan and, with it, ushered in a new era for the 90/10 Rule. This article will review the scope of the 90/10 Rule, analyze the implications of the proposed change, and provide schools planning recommendations.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

90/10 Provisions of American Rescue Plan Act of 2021 Brings Major Change

April 12, 2021 Jenny

Legal and Regulatory Issues

By Katherine Lee Carey, Special Counsel and Vince Sampson, Special Counsel, Cooley
President Joe Biden signed the American Rescue Plan Act of 2021 on March 11. The ARPA includes a major change in the 90/10 revenue test that provides for-profit institutions and their students access to the FSA programs.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

A Roadmap to Compliance with the New Title IX Rule

June 12, 2020 Jenny

Legal and Regulatory Issues

By Scott Goldschmidt, Counsel, Thompson Coburn, LLP
On May 19, 2020, the Department of Education issued its highly-anticipated final Title IX rule (the “Rule”), which presents a daunting compliance challenge for institutions of higher education. This article proposes nine steps to help guide institutions toward compliance by the Rule’s effective date, Aug. 14, 2020.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

Higher Education: How High?

March 9, 2020 Jenny

Legal and Regulatory Issues

By Yolanda R. Gallegos, Lawyer, Gallegos Legal Group
With the proliferation of marijuana legalization laws in the country, institutions cannot afford to wait until they are sued and must develop sound policies that protect both the medical needs of their students and their federal funding.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

U.S. Department of Education Releases State Authorization, Notice and Disclosure, and Institutional Eligibility Regulations

December 13, 2019 Jenny

Legal and Regulatory Issues

By Roger Swartzwelder, Shareholder and Member of the Education Practice Group, Maynard Cooper
On Nov. 1, 2019, the U.S. Department of Education (“Department”) published final regulations amending several Title IV regulations addressing institutional eligibility and operations. These new regulations are effective July 1, 2020. The Secretary of Education (“Secretary”), however, designated certain sections for early implementation on or after Nov. 1, 2019, as detailed in this article.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

Department of Education’s New Accreditation Rule Encourages Competition Among Agencies

December 13, 2019 Jenny

Legal and Regulatory Issues

By Katherine Demedis, Associate, Education Group at Powers
The new regulations change the basic eligibility requirements for accrediting agencies seeking recognition, which currently include: 1) Federal link, 2) Geographic scope, 3) Accrediting experience, and 4) Acceptance by others. In general, the changes make it easier for new accrediting agencies to become recognized, thereby potentially increasing competition among agencies.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

New Institutional Accountability Regulations – Borrower Rights and Financial Responsibility Requirements

October 13, 2019 Jenny

Legal and Regulatory Issues

By Roger Swartzwelder, Shareholder and Education Practice Group and Tres Cleveland, Shareholder and Chair of the Education Practice, Maynard Cooper
This article will focus on the material differences between the 2019 Regulations and the 2016 Regulations and the interplay between the two.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

Private Postsecondary Schools and Data Privacy – It is so Much More than FERPA

October 13, 2019 Jenny

Legal and Regulatory Issues

By Jonathan Tarnow, Partner and Katherine Armstrong, Counsel, Drinker Biddle & Reath LLP
Postsecondary educational institutions are ripe with data and much of it is sensitive personal information. Against this backdrop is a fragmented regulatory landscape for postsecondary institutions to navigate, as the United States has no overarching data privacy or security law. Given the myriad of privacy and data security requirements, developing a compliance program may be daunting, but doing just that is both legally necessary and critical to maintaining the trust of students, staff and the public.

Legal and Regulatory Issues

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