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Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

December 31, 2021 Jenny

By Devin Miller, Director of Communications, Career Education Colleges and Universities (CECU)
In early October, the U.S. Department of Education’s negotiated rulemaking committee on Affordability and Student Loans convened for the first of three sessions to consider changes to various regulations under Title IV of the Higher Education Act, including borrower defense to repayment, closed school discharge, and pre-dispute arbitration agreements.

What to Expect With Negotiated Rulemaking at the Department of Education

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

October 13, 2019 Jenny

Legal and Regulatory Issues

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.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

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

August 4, 2018 Jenny

Legal and Regulatory Issues

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.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

Planning for the Unthinkable: Private Sector Institutions are Uniquely Vulnerable to Active Shooter Incidents on Campus

February 2, 2016 Staff

Legal and Regulatory Issues

By Peter S. Leyton, Esq., and Stephen T. Chema II, Esq., Ritzert & Leyton, PC
In 2015, there were 330 verified mass shooting incidents in the United States.¹ In a study examining the problem of active shooter incidents, the FBI defined “active shooter incidents” as incidents involving “an individual actively engaged in killing or attempting to kill people in a confined and populated area.”

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

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

December 13, 2019 Jenny

Legal and Regulatory Issues

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.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

The DOL’s New Overtime Rule: How Schools Need to Prepare

August 20, 2016 Jenny

Legal and Regulatory Issues

By Matthew I. Penfield, Esq., Bressler, Amery & Ross, P.C.
The new federally mandated minimum salary level for certain employees exempt from minimum wage and overtime provisions goes into effect Dec. 1, 2016. Are you ready?

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

Making Sense of ED’s State Authorization Rule

August 6, 2019 Jenny

Legal and Regulatory Issues

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.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

Class Action Student Loan Scams – a New Take on and Old Scam

October 2, 2017 Jenny

Legal and Regulatory Issues

By Michelle Donovan, Partner, Duane Morris, LLP
This article will describe how these new scams attract students using fraudulent bait and switch tactics, what tools are available to schools to get the websites removed, and how to proactively protect your students from these scams.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

General Data Protection Regulation (GDPR) and Career Education

July 13, 2018 Jenny

Legal and Regulatory Issues

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.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

So you Want to be a Corporate Director? Practical Considerations of Director Liability

March 3, 2015 Staff

Legal and Regulatory Issues

By Bill Ojile, Senior Vice President – Chief Legal & Administrative Officer, Alta Colleges, Inc.
When you think about boards of directors, it conjures up images of powerful people sitting at a long, sleek table in an oak-paneled, top-floor room debating weighty issues crucial to the corporation.

Legal and Regulatory Issues

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