News & Analysis as of

Department of Education Distance Learning

Tucker Arensberg, P.C.

COVID-19 Does Not Excuse Special Education Duties

Tucker Arensberg, P.C. on

A.N. v. Upper Merion Area School District, 2022 WL 3371612 (E.D. Pa. Aug. 16, 2022). The United States District Court for the Eastern District of Pennsylvania upheld a hearing officer’s award of 5.5 hours of compensatory...more

Franczek P.C.

New OSERS Guidance on Reopening, Compensatory Services

Franczek P.C. on

The U.S. Department of Education, Office of Special Education and Rehabilitative Services (OSERS) published a Question and Answer document to advise school districts on returning to in-person instruction. The OSERS Q&A...more

Faegre Drinker Biddle & Reath LLP

New U.S. Department of Education Regulations on Distance Education and Other Title IV Program Matters Effective July 1, 2021

On July 1, 2021, several new U.S. Department of Education (Department) final regulations resulting from its 2019-20 “Distance Education and Innovation” negotiated rulemaking went into legal effect, although certain of these...more

Franczek P.C.

New Department of Education Report Highlights the Disparate Impacts of COVID-19 on Students

Franczek P.C. on

In this immediate post-COVID-19 education landscape in which schools are contemplating a full return to in-person instruction, schools are also grappling with the stark realities of achievement gaps and the disproportionate...more

Hogan Lovells

Reminder: New Department of Education rules regarding Professional Licensure Programs are in effect July 1, 2020

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As we’ve previously reported in detail, on November 1, 2019, the U.S. Department of Education (ED) published final rules concerning state authorization of distance education programs and other topics. Notably, the new rules...more

Cooley LLP

Blog: Reminder: ED State Authorization Rule Takes Effect July 1

Cooley LLP on

The US Department of Education’s final regulations requiring state authorization for distance education programs will take effect July 1, 2020. The new regulations require that schools hold authorization in every jurisdiction...more

Jones Day

A Guide to Navigating the COVID-19 Crisis for Institutions of Higher Education

Jones Day on

The coronavirus (COVID-19) pandemic presents the world of higher education with an unprecedented set of challenges that will likely persist for years to come. During the pandemic and beyond, colleges and universities will be...more

Franczek P.C.

ED Reminds Schools to Review FERPA Policies and Notices During COVID-19

Franczek P.C. on

The U.S. Department of Education’s Student Privacy Policy Office (SPPO) recently reminded school districts and schools that receive funds from the Department to review and, if necessary, revise policies, procedures, and...more

Faegre Drinker Biddle & Reath LLP

Proposed Regulations on “Distance Education and Innovation” Issued by Department of Education

On April 2, 2020, the Department of Education (ED or the Department) published in the Federal Register proposed regulations (the Proposed Rule), which although described as involving “distance education and innovation,”...more

Franczek P.C.

Department of Education Stresses Special Education Should Not Discourage Distance Learning Efforts

Franczek P.C. on

The U.S. Department of Education (ED) recently issued a “Supplemental Fact Sheet” updating its earlier Questions & Answers and Fact Sheet on coronavirus disease 2019 (COVID-19) and clarifying that schools should not refrain...more

Bricker Graydon LLP

COVID-19 update: U.S. Department of Education issues Title IV guidance

Bricker Graydon LLP on

On March 5, 2020, the U.S. Department of Education’s Office of Postsecondary Education issued an announcement, “Guidance for interruptions of study related to Coronavirus (COVID-19),” to address concerns arising with respect...more

Franczek P.C.

In the Nick of Time—Special Education Timelines During School Closures for COVID-19

Franczek P.C. on

In the wake of Governor Pritzker’s recent order requiring all Illinois schools to close between March 17 and March 30, many schools and school districts have been left guessing how to best serve students with disabilities and...more

Pullman & Comley - School Law

What If Your District Shuts Down and Cannot Meet the 180 School Day Minimum for Instruction?

As you are all aware, a basic educational requirement in the State of Connecticut is that each school district must make a minimum of 180 days of instruction available to students each school year. ...more

Faegre Drinker Biddle & Reath LLP

U.S. Department of Education Issues Final Rule to Revise Accreditation and State Authorization Regulations

On November 1, 2019, the U.S. Department of Education (the “Department”) published in the Federal Register final regulations (the “Final Rule”) governing the recognition of accrediting agencies for postsecondary education and...more

Cooley LLP

Blog: Is Early Implementation of ED’s New State Authorization for Distance Rule Right for Your Institution?

Cooley LLP on

As we reported earlier this week, on November 1, the Department of Education published its final state authorization for distance education regulations in the Federal Register, culminating nearly a decade-long effort to adapt...more

Hogan Lovells

Settled for now: ED publishes final state authorization rules

Hogan Lovells on

On 1 November the U.S. Department of Education (ED) published a final rule that addresses topics related to two prongs of the regulatory triad: accreditation and state authorization. In this alert, we address certain aspects...more

Cooley LLP

Blog: ED Publishes Final State Authorization for Distance Education Rule

Cooley LLP on

On Friday, November 1, the Department of Education published its final state authorization for distance education regulations in the Federal Register, available here. The rule draws on the 2016 version of the state...more

Cooley LLP

Blog: ED Publishes the Final Rule on State Authorization for Distance Education

Cooley LLP on

The US Department of Education today issued the unofficial version of its final state authorization regulations that includes new rules governing accreditation and recognition of state authorizing agencies. The final rule...more

Hogan Lovells

U.S. Department of Education and state of California attempt to reach accord to restore Title IV eligibility to California...

Hogan Lovells on

As widely reported in the news and as discussed in our recent webinar, on 22 July 2019 the U.S. Department of Education (ED) notified institutions that, as a result of the U.S. District Court ruling in NEA v. DeVos, ED's 2016...more

Saul Ewing LLP

Strategies for Dealing with the Title IV Ineligibility of CA-Resident Students Under the Retroactive Distance Education Rule

Saul Ewing LLP on

On Monday, July 22, 2019, the Federal Student Aid Office of the U.S. Department of Education (ED) announced that the Distance Education Rules that were originally scheduled to go into effect on July 1, 2018, and were then...more

Cooley LLP

Blog: Department Announces California Residents at Out-of-State Public and Nonprofit Institutions Ineligible for Federal Student...

Cooley LLP on

The Department of Education issued guidance yesterday that ED’s regulations prohibit California residents enrolled in distance education programs at out-of-state public and nonprofit institutions from receiving federal...more

Hogan Lovells

ED's latest proposed rule-making: Pursuing its own agenda

Hogan Lovells on

The U.S. Department of Education's (ED) higher education policymaking agenda so far in 2018 has to a large degree seemed to focus on rolling back initiatives of the Obama administration, including several rulemaking efforts...more

Cooley LLP

Blog: ED Begins Authorization for Foreign Locations of Domestic Institutions

Cooley LLP on

In a surprise move on Friday, the Department of Education announced the portion of the proposed distance education rule relating to authorization of foreign locations of domestic institutions went into effect on July 1, 2018....more

Hogan Lovells

ED proposes two-year delay of state authorization rule

Hogan Lovells on

The U.S. Department of Education (ED) now has published its proposed rule to delay by two years the state authorization final regulations that were set to become effective July 1, 2018.? In this alert, we summarize what this...more

Cooley LLP

Blog: Once Again, Implementation of the Distance Education Rule Is Delayed – This Time to 2020

Cooley LLP on

Almost eight years after it first proposed the rule, the Department of Education announced today that it will delay the effective date of the state authorization for distance education rule from July 1, 2018, to July 1, 2020....more

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