Department of Education

News & Analysis as of

ED terminates recognition of ACICS: Next steps

Yesterday afternoon, the U.S Department of Education announced its decision to end federal recognition of the Accrediting Council for Independent Colleges and Schools (ACICS), the country’s largest national accreditor, which...more

Department of Education Releases New Guidance on SROs, Police in Schools

The Department of Education (DOE) and the Department of Justice (DOJ) have issued non-binding regulatory guidance regarding law-enforcement officers’ involvement in the administration of school discipline. The new guidance,...more

Back to School: Recent Cases Offer Lessons in International Tax “Basics”

In Liv. Commissioner (T.C. Summ. 2016-49), the taxpayer, appearing pro se, claimed he was entitled to education credits under Section 25A. The Tax Court disagreed, finding that the taxpayer’s U.S. residency start date made...more

Department of Education Issues New Guidance on Disclosure of Student Medical Records

The Family Policy Compliance Office at the U.S. Department of Education (the Department) recently released "significant guidance" on the application of the Family Educational Rights and Privacy Act (FERPA) to the release of...more

ED issues proposed rules for Higher Ed Distance Learning Programs

The summer of 2016 has been remarkable in the world of higher education regulation. On May 13, the U.S. Department of Education and the Department of Justice issued a joint Dear Colleague letter concerning civil rights...more

Department of Education Issues Guidance on Campus Policing

Citing the ongoing nationwide dialogue on law enforcement-community relations, racial justice and officer and public safety, on September 8 the U.S. Department of Education (in coordination with the Justice Department)...more

CFPB Midyear Update Signals 3 Steps Student Loan Servicers Should Consider Taking Now

As regulatory pressure on student loan servicing continues to increase, servicers are paying close attention to the steady stream of news and publications issuing from the CFPB and the Department of Education. The most recent...more

North Carolina’s “Bathroom Bill” Dealt a Blow as Debate on Transgender Access Continues

On August 26, 2016, a North Carolina federal judge blocked the University of North Carolina (UNC) from enforcing a state law requiring transgender people to use bathrooms and locker rooms corresponding to the sex on their...more

Massachusetts AG Settles with Student Debt Relief Company Over Alleged Illegal Fees

On September 1, 2016, the Massachusetts Attorney General (“AG”) announced a settlement with a student loan debt relief company, over allegations the company charged illegal fees to enroll borrowers in income-based repayment...more

Connecticut Unaffected by Federal Court Order Forbidding Enforcement of Transgender Guidance

Recently, a federal district court in Texas sided with Texas and several other states that challenged federal guidance instructing schools to accommodate transgender students under federal anti-discrimination laws. The...more

OSERS Reminds of Need to Consider PBIS; Cautions on Use of Short-Term Removals and Exclusionary Discipline

The United States Department of Education’s Office for Special Education and Rehabilitative Services (OSERS) published a Dear Colleague Letter (DCL) on August 1, 2016 underscoring the importance of positive behavioral...more

Department of Education Issues New Dear Colleague Letter Regarding the Enrollment of Homeless Students

On July 27, 2016, the United States Department of Education (“Department of Education”) released a dear colleague letter (DCL) and a non-regulatory guidance document (“Guidance Document”) discussing school districts’...more

[Webinar] The Proposed Repayment Rate for Proprietary Schools (Proposed Borrower Defense Rule Series) - September 14th, 12:00pm...

Our final webinar will focus on the new repayment rate the Department proposes for proprietary institutions. We will examine in detail the methodology the Department suggests it would use, and the penalty associated with a...more

Alert: ED Seeks Further Compliance with Third-Party Servicer Rules

On August 18, 2016, the US Department of Education (ED or the Department) issued a Dear Colleague Letter (DCL) providing additional guidance on issues related to the requirements for third parties that provide financial aid...more

Federal judge in NC temporarily blocks H.B. 2

In one of the many lawsuits filed in North Carolina related to the notorious H.B. 2, Judge Thomas Schroeder of the Middle District of North Carolina has preliminarily enjoined the University of North Carolina from enforcing...more

Texas District Court Enjoins Federal Gender Identity Protection Of Students

Seyfarth Synopsis: In State of Texas v. United States, a District Court issued a nationwide injunction to enjoin the Department of Education and Department of Justice from enforcing their guidelines on accommodations for...more

Gavin Grimm v. Glouchester County School Board—Is the Supreme Court Finally Weighing in on the Transgender Bathroom Debate?

On August 3, 2016, the United States Supreme Court granted a stay to a Virginia school Board pending Supreme Court review of the case. In an action reminiscence of the same sex marriage controversy, the Supreme Court's...more

FCC Issues Two Key TCPA Orders

In the past two weeks, the Federal Communications Commission (FCC) issued two important orders that modified and clarified the agency’s rules for enforcement of the Telephone Consumer Protection Act (TCPA). Both orders are...more

Recent DOJ Settlement Agreement Offers Valuable Guidance Regarding Mandatory Medical Leaves of Absence

A recent settlement agreement entered into between the Educational Opportunities Section of the U.S. Department of Justice (DOJ), Civil Rights Division, and the University of Tennessee provides some useful insight into what...more

Department of Education Issues Guidance Regarding Meeting the Needs of Students with ADHD

The Department of Education recently issued a Dear Colleague Letter explaining the obligations of school districts to students with ADHD under Section 504 of the Rehabilitation Act. The guidance notes that over the last five...more

DOE Issues Updated Guidance on Homeless Students

The Department of Education recently issued three pieces of guidance, including detailed non-regulatory guidance, a student fact sheet, and a “Dear Colleague” letter, all of which address meeting the needs of homeless...more

[Webinar] The Proposed Borrower Defense Framework (Proposed Borrower Defense Rule Series) - August 24th, 12:00pm CST

In this first webinar, we will deconstruct the proposed borrower defense framework, with particular attention to what would constitute a valid “claim,” and the individual and group processes proposed for resolving such...more

Alert: CA BPPE Issues Final Regulations on Data Reporting and Disclosure

After several rounds of public comment and revisions, the Bureau for Private Postsecondary Education ("BPPE" or "Bureau") has issued final regulations significantly expanding the data reporting and disclosure requirements...more

Fostering Financial Aid Literacy in Students: H.R. 3179

This is the sixth and final installment in a series examining five bipartisan bills advanced by the House Committee on Education and the Workforce on June 22, 2016 and approved by the full House of Representatives on July 11,...more

The New Clery Handbook: What Your College or University Needs to Know Before Publishing Your October 2016 Annual Security Report...

On June 23, the U.S. Department of Education, Office of Postsecondary Education, published the 2016 Edition of The Handbook for Campus Safety and Security Reporting, as required by the Clery Act (the “Handbook")...more

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