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Legal and Regulatory Issues

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.

The Changing Landscape of the 90/10 Rule

Web Accessibility in Education Must Be a Higher Priority

By Jennifer Flood JD, President and CEO, National Compliance Group
As schools expand into the online space by way of courses, content for classes, and even enrollment, those web properties and related material must be accessible to those with disabilities. This article will discuss the legal background, penalties for non-compliance and what we can do moving forward.

The Changing Landscape of the 90/10 Rule

General Data Protection Regulation (GDPR) and Career Education

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.

The Changing Landscape of the 90/10 Rule

Maximizing Lease Protections in Case of a Future School Closure

By Julie S. Mebane, Partner in Duane Morris LLP’s Real Estate Practice Group
The best way for a school tenant to protect itself against dire consequences following a school closure is to negotiate and include in its lease particular protections that will afford options and flexibility for dealing with a closure. This article describes some of the provisions that are recommended for consideration at the lease negotiation and documentation stage.

The Changing Landscape of the 90/10 Rule

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

Knowing Your Responsibility as a Plan Sponsor

By Robert J. Behr, CPA, Senior Manager, McClintock & Associates, PC
There are many responsibilities that a plan sponsor has in order to keep the school’s retirement plan in compliance with the Department of Labor’s rules and regulations. Not only does a plan sponsor need to be familiar with the plan document and manage third-party service providers, the plan sponsor must also communicate with payroll and human resources departments and perform internal recordkeeping and review.

The Changing Landscape of the 90/10 Rule

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.

The Changing Landscape of the 90/10 Rule

Mergers and Acquisitions in Higher Education: Considering the Letter of Intent

By Emily Murphy, Aaron Lacey, and Katie Wendel, Thompson Coburn LLP
In recent years, there has been a significant uptick in merger and acquisition activity involving institutions of higher education, and many familiar with the sector expect this trend to continue. This article discusses mergers and acquisitions in the higher education space and focuses on preparing the letter of intent.

The Changing Landscape of the 90/10 Rule