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Legal and Regulatory Issues

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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