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The Changing Landscape of the 90/10 Rule

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.

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

A Roadmap to Compliance with the New Title IX Rule

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.

The Changing Landscape of the 90/10 Rule

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

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.

The Changing Landscape of the 90/10 Rule

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

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.

The Changing Landscape of the 90/10 Rule

New Institutional Accountability Regulations – Borrower Rights and Financial Responsibility Requirements

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.

The Changing Landscape of the 90/10 Rule

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

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.

The Changing Landscape of the 90/10 Rule

Beginning to Make Sense of the New Borrower Defense Regulations

By Michael T. Wherry, CPA, McClintock & Associates
The finalized borrower defense to repayment regulations will be making major changes or modifying and clarifying existing rules. With less than a year before they become effective, institutions have some time to plan for their implementation, but preparation should begin now.

The Changing Landscape of the 90/10 Rule

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.

The Changing Landscape of the 90/10 Rule