Legal and Regulatory Issues Archives | Career Education Review

Too Good to be True? Yes. The Student Loan “Relief” Scam

March 20, 2016 Jenny

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By Katherine (Kate) Lee Carey, Special Counsel, Cooley LLP
A new Internet scam is targeting students with false promises of “debt relief” and besmirching the good name of many colleges in the process. Your institution can take a number of steps to protect itself and its students from becoming victims.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

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

April 14, 2019 Jenny

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Legal and Regulatory Issues

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.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

How Accommodating is Your College?

June 13, 2017 Jenny

339

Legal and Regulatory Issues

By Darren K. Sharp, Partner, Co-leader of the Higher Education Industry Team, Armstrong Teasdale
College students with disabilities are afforded legal rights under the Americans with Disabilities Act (ADA), as amended, and Section 504 of the Rehabilitation Act (§504), including the right to seek reasonable accommodations from their schools to participate and succeed in their academic careers. This article addresses the more common legal accommodations provided under applicable federal statutes.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

Hidden Requirements for Calculating Graduate Employment

April 7, 2018 Jenny

322

Legal and Regulatory Issues

By Bryan M. Westhoff, Shareholder, Polsinelli PC
How do state and federal prosecutors use consent orders to enforce new rules for the way that propriety schools calculate their graduate employment rates? In the absence of any uniform rules for calculating graduate employment rates, many state and federal prosecutors have adopted their own views about which students schools can count as “employed.”

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

Evaluating Your GE Completers List: A Practical Approach

June 15, 2016 Jenny

235

Legal and Regulatory Issues

By Aaron Lacey, Thompson Coburn LLP
This article offers a practical approach for evaluating the GE Completers List files distributed to institutions on June 1, 2016.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

Recent Trends: Limiting Liability for Career Colleges Under the Federal False Claims Act

November 6, 2015 Staff

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Legal and Regulatory Issues

By Martin M. Loring, Partner, Husch Blackwell LLP
One signature. It is the final act taken by educational institutions to gain access to federal student loans and grants for thousands of students. That one signature, however, may simultaneously expose recipient institutions to allegations of hundreds of millions of dollars in liability.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

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

September 4, 2019 Jenny

177

Legal and Regulatory Issues

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.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

Beginning to Make Sense of the New Borrower Defense Regulations

October 13, 2019 Jenny

176

Legal and Regulatory Issues

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.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

Borrower Defense to Repayment: What You Don’t Know Could Hurt You

July 15, 2016 Jenny

Legal and Regulatory Issues

By Katherine (Kate) Lee Carey, Special Counsel, Cooley LLP
The Department of Education has issued Proposed Rules intended to expand the options for student borrowers to request debt relief, based on the alleged wrongdoing of their college. But these rules do much more than that.

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.

Legal and Regulatory Issues

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