Department of Education

News & Analysis as of

Caitlyn on campus: Title IX and the transgender community

On June 26, the U.S. Supreme Court decided that no state could limit or prohibit same-sex marriages in an opinion that began: “The Constitution promises liberty to all within its reach, a liberty that includes certain...more

Does One Wrong Equal No Rights? Connecticut Lets Its Surrogate Parents’ Contracts Lapse

Due to the State Department of Education’s failure to provide new contracts in a timely manner, Connecticut’s approximately 74 surrogate parents have found themselves in limbo. Surrogate parents are appointed by the State...more

Alert: "Ability to Benefit" is Back, But Not the Same

Recently, a number of third-party test providers have begun promoting the Department of Education's ("ED") approval of their Ability-to-Benefit ("ATB") assessments by notifying institutions that, after a three-year hiatus,...more

Gainful employment reporting: Institutional debt and unpaid charges

As REGucation readers know, on July 1, 2015, the U.S. Department of Education’s new “gainful employment” or “GE” regulations finally took effect. Among other things, the new rules require institutions to report a wide range...more

Alert: California Approves Pathway for Non-Profit Institutions to Maintain Exemption from State Oversight

Governor Jerry Brown has now signed into law Senate Bill 81, which included language amending the California Private Postsecondary Education Act of 2009 (the "Act") to permit "independent institutions of higher education"...more

New Hampshire Enacts Breach Notification Requirement for the Department of Education

The state of New Hampshire recently enacted House Bill 322 (“HB 322”), which requires the Department of Education (“DOE”) to implement additional procedures to protect student and teacher data from security breaches. Those...more

VAWA Regulations Take Effect July 1

The U.S. Department of Education’s rule implementing changes to the Clery Act under the Violence Against Women Reauthorization Act of 2014 (VAWA) takes effect today. The final rule was published in the Federal Register on...more

The Aftermath: Developments From The 2015 Session of The Connecticut General Assembly Affecting Schools

The 2015 session of the Connecticut General Assembly has just concluded. A comprehensive summary and discussion of laws that were passed during the 2015 session will be forthcoming from this firm after the Governor has acted...more

New York State Passes Campus Sexual Assault Law

On June 17, 2015, the New York State Legislature passed legislation governing how colleges and universities address sexual assault, dating violence, domestic violence and stalking. The governor is expected to sign it...more

Alert: Department Issues New Dear Colleague Letter on State Authorization

On Friday, June 19, 2015, the US Department of Education ("ED" or "the Department") issued a Dear Colleague Letter (GEN-15-10) ("DCL") reminding institutions that the current state authorization requirements (34 CFR § 600.9)...more

U.S. Department of Education Weighs in Against an Oregon Bill which would Make it Easier for Students to Opt Out of Testing

The question of the ability of students to “opt out” of mandated standardized testing is one that occupied many school districts during Connecticut’s most recent round of statewide testing. The U.S. Department of Education...more

Alert: Gainful Employment Regulations: Recent Updates from the Department of Education

The Department of Education published another announcement in its series of Electronic Announcements ("EAs") last week, as it prepares to implement the new Gainful Employment ("GE") regulations. Those regulations are...more

Alert: Recent Developments on State Authorization at Department of Education and in California

The US Department of Education ("ED" or "the Department") has decided against an earlier plan to send letters to every institution believed to be out-of-compliance (or rather, located in a state that is considered...more

CFPB Pursues Recovery Against For-Profit College Corinthian and Relief for Its Students

Corinthian Colleges (Corinthian) announced on April 26 that it would cease operations at its remaining physical campuses. This announcement refers to the 30 or so physical campuses that Corinthian continued to operate...more

Department of Education Releases Reports on SCRA Reviews of Major Student Loan Servicers

On May 26, the Department of Education announced the release of reports on its reviews of four major federal student loan servicers, which were conducted to ensure that the servicers adhered to federal law concerning loan...more

FAIL: For-Profit Education Sector Dealt Major Blow

For-profit education was dealt a major blow in a federal court case challenging the Department of Education’s Gainful Employment Rule. U.S. District Court Judge Lewis Kaplan of New York dismissed a lawsuit that was filed last...more

Are You Ready for the New Student ID Requirements?

Commencing June 1, 2015, Louisiana schools must adhere to several new restrictions and requirements regarding student identification and students’ personal information. This is the latest step in a process designed by the...more

U.S. Department of Education Issues Proposed Regulations From Latest Title IV Program Integrity Rulemaking

On May 18, 2015, the Department of Education (the “Department”) published a Notice of Proposed Rulemaking (“NPRM”) reflecting its proposed regulations on three of six topics that were part of its spring 2014 negotiated...more

OSERS Issues New Guidance Regarding State and Due Process Complaints

The U.S. Department of Education’s Office of Special Education and Rehabilitative Services (OSERS) has issued new guidance in response to concern that some public agencies are filing due process complaints concerning the same...more

Department of Education Proposes Rules to Reign In Fees on Student Financial Accounts

The Department of Education is set to propose new regulations which could change how financial institutions provide services on college campuses, according to a NPRM to be published in the Federal Register on May 18. The new...more

U.S. Dept. of Education proposes new restrictions on campus financial products

The U.S. Department of Education has issued proposed revisions to its Title IV Higher Education Act (HEA) cash management rules that include significant new restrictions on financial products used to disburse credit balance...more

U.S. Department of Education Proposes New Restrictions on Campus Financial Products

The U.S. Department of Education has issued proposed revisions to its Title IV Higher Education Act (HEA) cash management rules that include significant new restrictions on financial products used to disburse credit balance...more

Attorneys in the Student Disciplinary Process: Requirements, Restrictions and Best Practices

Under the newly revised Clery Act, colleges and universities may not ban lawyers from attending and advising their clients at campus disciplinary proceedings involving sexual assault, domestic violence, dating violence and...more

Rethinking the regulation of competency-based education

Over the last several months, my colleague, Chris Murray, and I spent a great deal of time considering the current regulatory challenges facing competency-based education (CBE) and possible strategies that can better...more

CFPB Holds a Field Hearing on Student Loan Servicing Issues

On May 14th, the same day that the CFPB launched a public inquiry into student loan servicing loan practices (the “Request for Information”), the CFPB held a public field hearing in Milwaukee, Wisconsin to address issues with...more

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