Education General Business

Read need-to-know updates, commentary, and analysis on Education issues written by leading professionals.
News & Analysis as of

Financing and an Extended Lease Term Now Required For Enforceable Lease-Leasebacks in California

On June 1, 2015, a California Court of Appeal held that in order for a lease-leaseback arrangement to be enforceable, the lease must be “genuine”, containing both a financing component and a lease term that extends beyond the...more

Alabama 2015 Regular Session Legislative Summary: June 2015

The Alabama Senate adjourned sine die on Thursday, June 4, and the Alabama House of Representatives met for their last day on Thursday, June 11. Although the legislature passed a record-setting, $6 billion Education Trust...more

NJ Whistleblowers May Face Criminal Charges for Theft of Company Documents

The Supreme Court of New Jersey affirms an employee’s indictment for taking an employer’s confidential documents without authorization, allegedly to support discrimination and retaliation claims. In a decision issued on...more

House and Senate Appropriations Committees Approve Funding Bills with Riders Targeting DOL, NLRB Initiatives

Both the House and Senate Appropriations Committees advanced bills this week to fund various federal agencies for FY 2016. Each chamber approved versions of spending measures that include riders prohibiting funding for a...more

North Carolina Legislative Report

The General Assembly convened for the 2015 legislative session on January 14. Lawmakers returned to Raleigh on January 28 to begin the session in earnest. The MVA Public Affairs Legislative Report on North Carolina will be...more

CFPB update on student loan complaints continues to highlight co-signer release issues

The CFPB has issued a “Mid-year update on student loan complaints” that analyzes the approximately 3,100 private student loan complaints received by the CFPB betweenOctober 1, 2014 and March 31, 2015. The update also analyzes...more

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

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

Prepare for the July 1 SaVE Act Deadline

By July 1, 2015, all higher education institutions must be in full compliance with the Campus Sexual Violence Elimination (SaVE) Act amendments to the Clery Act, per the final regulations issued last October. See 34 C.F.R....more

Locke Lord QuickStudy: Duke Hit with Antitrust Suit for Non-Poaching Agreement with UNC

Universities and medical institutions in close geographic proximity may have faced the same issues as Duke and UNC when their faculties started departing for richer positions at the other’s campuses. With ever-increasing...more

Is That Covered? Lost Insurance Policy

Many liability policies are triggered when an event giving rise to a covered claim occurs, rather than when the claim is asserted or filed with the court. This is often true of the most common type of liability coverage -...more

Construction Corner: Preparing RFQs and RFPs for Design Services for Your School Construction Project

Last week, we discussed the requirements of the selection process for the architect of a state-assisted school construction project as well as the importance of procurement protocols for all projects regardless of the source...more

DHS Adopts Regulations Giving Universities and Foreign Students Greater Flexibility

Effective May 29, 2015, the Department of Homeland Security will amend its regulations under the Student and Exchange Visitor Program (SEVP). The change will (1) eliminate existing limits on the maximum number of designated...more

News from Second & State

You could hear a pin drop in the halls of the state capitol building this week, with neither chamber in for voting session. However, that doesn’t mean members weren’t busy. Education was a hot topic early this week; the Basic...more

Bipartisan Legislation Would Designate "Manufacturing Universities"

On March 18, a bipartisan group of lawmakers in the House and Senate introduced the Manufacturing Universities Act of 2015, which aims to strengthen engineering programs at America's universities and better prepare students...more

Alert: WASC Senior Commission Issues New Guidelines on Third-Party Providers

The WASC Senior College and University Commission ("WSCUC" or "the Commission") has issued a revision of its policy on agreements between accredited institutions and unaccredited entities, such as service providers. ...more

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

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

Must Gluten-free Be Free? What You Should Know About Celiac Disease and the ADA

Restaurants nationwide are beginning to offer gluten-free alternatives to regular menu items. This is welcome news to those long suffering from celiac disease, a chronic and serious immune reaction to eating gluten, a protein...more

Blog: US Department of Education’s New Data Privacy Guidance: Why It Matters

In January 2015, the US Department of Education has issued an advisory to all elementary and secondary schools on data privacy and security issues to be considered in negotiating agreements with online service providers or...more

Court Compels Discovery Of Reinsurance And Other Insurance Documentation From Insurer In Garnishment Proceedings

The judgment was entered in a class action by plaintiffs who lost their tuition payments for computer training programs at schools that abruptly closed in 2009. In attempting to collect on the judgment, plaintiffs served...more

Pass Or Fail? CFPB Seeks to Grade Financial Institutions Working With Schools

Why it matters - Under a new proposal from the Consumer Financial Protection Bureau (CFPB), financial companies would be graded on a “scorecard” for their offerings to students. The “Safe Student Account Scorecard”...more

Regulators Release Guidance on Private Student Loans With Graduated Repayment Terms at Origination

On January 29, the federal financial regulatory agencies (the Board of Governors of the Federal Reserve System, the Consumer Financial Protection Bureau, the Federal Deposit Insurance Corporation, the National Credit Union...more

Department of Education Closes 2014 with Prolific Guidance

The U.S. Department of Education (DOE) was busy the last quarter of 2014, issuing guidance on six issues, plus another already in 2015. The Dear Colleague Letters (DCL), Frequently Asked Questions, and Fact Sheets provide an...more

New student data privacy laws: top points for school contractors and K-12 education sites, apps and online services

According to the Data Quality Campaign, 36 states considered 110 student data privacy bills in 2014, and 20 states enacted 28 such bills into law. At least eight of these new laws may have significant implications for...more

President Obama Announces New Federal Data Breach, Student Privacy and Consumer Privacy Legislative Initiatives

On Monday January 12, President Barack Obama announced several new proposals aimed at protecting consumer and student data in the digital age. The proposals will center on three pieces of proposed legislation, addressing...more

President Announces New Legislation and Partnerships for Increased Privacy Protections

Today, President Obama announced a series of new bills and voluntary partnerships the White House will launch in order to further protect individual privacy in the wake of several high-profile data breaches at major U.S. and...more

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