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Legal and Regulatory Issues

Process Makes Perfect: How the Accommodation Process Supports Students with Disabilities and Safeguards Valuable College Resources

By Jessica High, Attorney and Bryce Young, Attorney, Duane Morris, LLP
Since 2005, disability rights cases have increased by almost 395 percent. Following the same process for every student will always lead to the right result, no matter the facts or situation. While this may not immunize your institution from a complaint or lawsuit, following and documenting a process bolsters your defenses greatly.

How to Protect Title IV Schools From an Increasing Number of False Claims Act Lawsuits

How to Protect Title IV Schools From an Increasing Number of False Claims Act Lawsuits

Written from a presentation by Steven Gombos and Jacob Shorter, Gombos Leyton and Eric Bing, CEO, The College of Health Care Professions
The False Claims Act, a civil statute that allows both the government and private qui tam relators to bring allegations of fraud against individuals and entities who defraud the U.S. government, is one of the fastest-growing sectors of civil litigation. Learn how you can protect your college from these lawsuits and lessen the risk of FCA liability.

Process Makes Perfect: How the Accommodation Process Supports Students with Disabilities and Safeguards Valuable College Resources

What Now? Examining the Regulatory Landscape After Gainful Employment Rule Scrapped

By Michael T. Wherry, Director, Audit Department, McClintock & Associates
No matter what the future holds, the one certainty is the regulatory landscape among for-profit and non-profit institutions will not remain the same. Vigilant monitoring and regular consultation with experts are a must, especially among smaller institutions that may not have the resources to fully address financial and regulatory reporting.

Process Makes Perfect: How the Accommodation Process Supports Students with Disabilities and Safeguards Valuable College Resources

Making Sense of ED’s State Authorization Rule

By Aaron Lacey, Partner and Leader, Higher Education Practice and Katie Wendel, Counsel, Higher Education Practice, Thompson Coburn LLP
For nearly a decade, the U.S. Department of Education has worked to formulate a lasting “State Authorization Rule.” Most recently, an interpretation of the rule threatened to render online students in California ineligible for federal financial aid. This article considers the current status of the Rule, discusses the drama in California, and offers thoughts for coming into compliance.

Process Makes Perfect: How the Accommodation Process Supports Students with Disabilities and Safeguards Valuable College Resources

The Resurrection of the Obama-Era Borrower Defense to Repayment Rule

By Katherine Lee Carey, Special Counsel with the Education Regulatory Practice Group, Cooley LLP
Six months after a federal District Court ruled that the Department of Education must implement the 2016 Borrower Defense to Repayment Rule, guidance has finally been issued.

Process Makes Perfect: How the Accommodation Process Supports Students with Disabilities and Safeguards Valuable College Resources

Mergers and Acquisitions in Higher Education: Considering the Letter of Intent

By Emily Murphy, Aaron Lacey, and Katie Wendel, Thompson Coburn LLP
In recent years, there has been a significant uptick in merger and acquisition activity involving institutions of higher education, and many familiar with the sector expect this trend to continue. This article discusses mergers and acquisitions in the higher education space and focuses on preparing the letter of intent.

Process Makes Perfect: How the Accommodation Process Supports Students with Disabilities and Safeguards Valuable College Resources

California Consumer Privacy Act of 2018: Considerations for Higher Education Institutions

By Michelle Donovan, Partner and Diane Byun, Diversity Fellow, Duane Morris LLP
On June 28, 2018, California passed the California Consumer Privacy Act (CCPA), establishing the strictest data privacy law in the United States. The CCPA’s scope is not limited to entities within California. Compliance obligations will be imposed on any business that collects personal information about California residents and meets one of the CCPA thresholds, regardless of where the business is located. Higher education institutions covered by the new law must adopt new policies and procedures relating to the collection, use, and sharing of consumers’ personal information.

Process Makes Perfect: How the Accommodation Process Supports Students with Disabilities and Safeguards Valuable College Resources

General Data Protection Regulation (GDPR) and Career Education

By Michelle Donovan, Partner and Diane Byun, Diversity Fellow, Duane Morris LLP
In a world of daily digital interactions, the General Data Protection Regulation (GDPR) offers individuals in the European Union (EU) more control on the collection, disclosure, and use of their personal data, both within and beyond EU borders. Any career education institution in the United States (US) that processes or collects personal data relating to covered individuals may be subject to GDPR compliance, regardless of physical EU presence.

Process Makes Perfect: How the Accommodation Process Supports Students with Disabilities and Safeguards Valuable College Resources

Preparing for the Department’s New State Authorization Rule

By Aaron Lacey, Partner, Thompson Coburn’s Higher Education practice and Editorial Director, REGucation, the firm’s higher education blog
As institutions with online programming are well aware, the U.S. Department of Education’s new “state authorization” rule is set to become effective this coming July 1, 2018. This article discusses the new authorization and disclosure requirements set forth in the rule.

Process Makes Perfect: How the Accommodation Process Supports Students with Disabilities and Safeguards Valuable College Resources

ACICS Recognition Review Continues to be a Dynamic Process

By Jay Vaughan, Partner and Chair of Education Practice Group, and Naomi Harralson May, Associate, Cooley LLP
While ACICS prepares an updated submission for consideration by a Senior Department Official, who is expected to make a determination by the end of July, other federal and state agencies are once again considering ACICS to be a federally recognized accrediting agency and reviewing the impact on status on a case-by-case basis.

Process Makes Perfect: How the Accommodation Process Supports Students with Disabilities and Safeguards Valuable College Resources