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Education Alternative Dispute Resolution (ADR) General Business

Read need-to-know updates, commentary, and analysis on Education issues written by leading professionals.

Dept. of Education postpones effective date of arbitration ban and other provisions of “borrower defense” rule, announces intent...

by Ballard Spahr LLP on

In a notice published in today’s Federal Register, the Dept. of Education announced that it is postponing “until further notice” the July 1, 2017 effective date of various provisions of the “borrower defense” final rule...more

[Webinar] The Elimination of Pre-Dispute Arbitration Clauses and the New Repayment Rates for Proprietary Schools - Dec. 8th,12pm...

by Thompson Coburn LLP on

The fourth webinar in our "Decoding the FINAL Borrower Defense Rule" series will examine the ban on pre-dispute arbitration agreements and class action waivers. We’ll discuss the impact of these rules on past and future...more

Dept. of Ed. Bans Pre-Dispute Arbitration Agreements by Title IV Schools

by Ballard Spahr LLP on

The U.S. Department of Education has issued a final rule that broadly addresses the ability of a student to assert a school's misconduct as a defense to repayment of a federal student loan. The final rule includes a ban on...more

[Webinar] Proposed Elimination of Arbitration Clauses (Proposed Borrower Defense Rule Series) - September 7th, 12:00pm CST

by Thompson Coburn LLP on

The third webinar in our series will examine the proposed elimination of arbitration clauses in agreements between students and institutions. We will discuss the particulars of the proposal, to include the potential impact...more

Ban Proposed on Mandatory Pre-Dispute Arbitration Agreements by Schools Receiving Title IV Aid for Student Borrowers

by Ballard Spahr LLP on

The U.S. Department of Education has issued a proposed rule that includes a ban on mandatory pre-dispute arbitration agreements by schools receiving Title IV assistance under the Higher Education Act (HEA) and a new federal...more

New Jersey Becomes Third Recent State Court to Refuse To Enforce Delegation Clause

In a decision that appears intentionally controversial, the Supreme Court of New Jersey yesterday refused to enforce the delegation clause in a for-profit college’s enrollment agreement in a 5-1 opinion. Morgan v. Sanford...more

Public Citizen petitions Dept. of Education to ban use of arbitration agreements by schools receiving Title IV assistance

by Ballard Spahr LLP on

Public Citizen, Inc. has sent a petition to the Department of Education requesting the Department to adopt a rule that requires schools to agree, as a condition of receiving Title IV assistance under the Higher Education Act...more

Kentucky Supreme Court Reinforces Importance of Properly Incorporated Arbitration Provisions to Larger Agreements

by Wilson Elser on

The Kentucky Supreme Court recently held that an arbitration provision signed by a class of students upon their application and acceptance to a for-profit college was unenforceable because the enrollment agreement did not...more

Consumer Financial Protection Bureau’s Dodd-Frank Study Scrutinizes Arbitration Agreements & Class Action Waivers

by Moore & Van Allen PLLC on

On Tuesday, the Consumer Financial Protection Bureau (“CFPB”) released its long-awaited “Arbitration Study: Report to Congress, pursuant to Dodd–Frank Wall Street Reform and Consumer Protection Act § 1028(a)”, which presents...more

Arbitrator’s Decision Reinstating Paraprofessional Accorded Significant Deference By Illinois Supreme Court

by Franczek Radelet P.C. on

In Griggsville-Perry Community Unit School District No. 4 v. Illinois Educational Labor Relations Board, the Illinois Supreme Court recently reaffirmed the significant deference given to arbitration awards arising out of...more

Education Update, No. 1, January 2013: Employment Contracts – Who Needs Them And What Needs To Be In Them?

by Fisher Phillips on

As indicated in the companion article written by Candice Pinares-Baez, January begins the hiring season for most schools. Job fairs, conferences, and recruiting are in full force. It is also the time to take a look at your...more

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