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Legal and Regulatory Issues

ED Issued its Final Rule on Borrower Defense to Repayment, and Then…

By Katherine Lee Carey, Special Counsel, Cooley LLP
The final rule on Borrower Defense to Repayment was published on Nov. 1, and then … there was the election. Although we can’t be sure what the election will mean for the rule, schools should be prepared for a July 1, 2017 effective date.

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

Court Rules Students Training in Clinics are Not Employees Under the FLSA

By Bill Ojile, Partner, Armstrong Teasdale, LLP
In a decision relevant for any school that provides services to the public as a means to provide training for its students, the United States District Court for the District of Colorado recently ruled that such students are not employees for purposes of the Fair Labor Standards Act (FLSA).

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

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.

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

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.

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

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.

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

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.

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.

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

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.

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