Department of Education

News & Analysis as of

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

The Importance Of A Title IX Coordinator

On April 24, 2015, the United States Department of Education’s Office of Civil Rights issued a new “Dear Colleague” letter concerning Title IX, along with a separate letter to Title IX coordinators and a Title IX Resource...more

OSEP Provides Guidance on Parent’s Right to an Independent Educational Evaluation

The topic of independent educational evaluations under the Individuals with Disabilities Education Act (“IDEA”) has, now more than ever, become one of the most discussed and debated topics in special education....more

Seven Things to Know About the Campus Accountability and Safety Act

In recent years, the Obama Administration and the Department of Education have aggressively increased their focus on how colleges and universities address sexual violence and harassment. ...more

OCR Issues Title IX Coordinator Resource Guide

On April 24, the Department of Education’s Office for Civil Rights (“OCR”) issued new materials on Title IX. The materials include a Dear Colleague Letter to educational institutions, a letter to Title IX Coordinators and a...more

New Department of Education guidance for Title IX coordinators deserves a look

As we’ve previously noted here at REGucation, the U.S. Department of Education’s Office of Civil Rights (OCR) has been busy in recent months issuing a wide range of guidance through both administrative action and formal...more

For-Profit Corinthian Colleges, Inc. Files Chapter 11 Bankruptcy In Delaware

On May 4, 2015, one of the largest for-profit post-secondary education companies in the United States and Canada, Corinthian Colleges, Inc., and 24 of its affiliates, filed voluntary chapter 11 petitions in the Bankruptcy...more

Corinthian Colleges: Part Two - the "Perfect Storm" - Blog: Consumer Financial Protection Bureau

Corinthian Colleges (“Corinthian”) announced this past Sunday, April 26 that Corinthian was ceasing operations at its remaining physical campuses. This April 26 announcement specifically refers to the remaining 30 or so...more

Title IX Coordinators: Review Of New Guidance From The Department Of Education

On April 24, 2015, the Department of Education Office for Civil Rights (OCR) published a new Dear Colleague Letter (DCL) and a letter directly to Title IX Coordinators, as well as a new 25-page Title IX Resource Guide. These...more

U.S. Department of Education Releases New Title IX Guidance

On April 24, 2015, the U.S. Department of Education’s Office for Civil Rights (OCR) released a guidance package that reminds educational institutions of their responsibilities under Title IX. This guidance package, issued...more

NYSED Releases Memo on Selection and Appointment of Impartial Hearing Officers

The New York State Education Department (NYSED) released a filed advisory memo on the selection and appointment of impartial hearing officers to conduct a special education due process hearing....more

Federal Government Files ‘Statement of Interest’ In Gender-Identity Case

In recent years, there have been increasing concerns involving discrimination faced by the transgender community. Not surprisingly, these concerns have centered on the challenges faced by gender non-conforming students and...more

OSEP Urges LEAs to Respect Parents’ Choice of Dispute Resolution Process

On April 15, 2015, the Office for Special Education Programs (OSEP) within the U.S. Department of Education issued a Dear Colleague Letter regarding the interaction between the due process hearing system and the state...more

U.S. Department of Education Fines College for Job Placement Rate Disclosure Violations

The U.S. Department of Education (Department) intends to fine a college more than $29 million for allegedly misrepresenting job placement rates and failing to comply with federal placement rate disclosure requirements. The...more

NSBA to OCR: Standard for Addressing Requests for Technology by Students With a Communication Impairment is Off Key

Readers of our FR Alerts may remember my colleague Kendra B. Yoch authored an Alert in 2013 about a set of outlier cases in the Ninth Circuit Court of Appeals, K.M. v. Tustin Unified School District and D.H. v. Poway Unified...more

Department of Education Issues New Guidance Documents Relating to Student Privacy

The past few years have seen exponential growth in the use of technology in the classroom, with applications ranging from the increased availability and use of e-books to the displacement of physical classrooms through...more

Alert: Student Data Privacy: the States Are in the Lead

Student privacy has become a focal point in the education sector. While media attention has largely focused on activities in Washington, we believe it is also critical for schools and Ed Tech companies to pay closer attention...more

SDE Releases New “Working Definition” of Dyslexia for Special Education Eligibility

Last year the General Assembly enacted Public Act 14-39, which required the Connecticut State Department of Education (SDE) to add “SLD-Dyslexia” as a separate primary disability category under the existing “specific learning...more

NSBA Concerned About Recent Supreme Court Decision’s Impact on OCR Investigations

The National School Boards Association (NSBA) recently expressed its concerns over the Supreme Court’s recent landmark ruling in Perez v. Mortgage Bankers Association, which allows federal agencies to issue “interpretive...more

U.S. Department of Education Releases Guidance: Terms of Service Agreements

The Privacy Technical Assistance Center (“PTAC”), a resource center established by the U.S. Department of Education for information on data privacy, recently released guidance relating to Terms of Service agreements. This...more

12 Legal Mistakes to Avoid in Terms of Service for Online Educational Services and Apps

A classroom teacher comes across a promising online educational service or application that she wants to use with her students and comes to you to make sure it’s legally appropriate. The service or app would collect and use...more

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