Department of Education

News & Analysis as of

Alert: Timeline for First Set of Gainful Employment Rates Slips Further

The US Department of Education has announced another delay in the distribution of the Completer Lists for Gainful Employment programs until Spring 2016, which is bound to push back the date for ED to issue the first set of...more

Student Aid Enforcement Unit Formed To Protect Students, Borrowers, And Taxpayers

On February 8, 2016, the Obama Administration’s Department of Education announced the creation of a Student Aid Enforcement Unit to respond more quickly and efficiently to allegations of illegal actions by institutes of...more

Is your institution of higher education covered by HIPAA?

It comes as no surprise that virtually every postsecondary administrator is familiar with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99). After all, FERPA, the primary federal law...more

U.S. Government Reminds Colleges and Universities to be Prepared to Defend Advertised Statistics

The Federal Trade Commission (“FTC”) and U.S. Department of Education (“ED”) recently reminded all colleges and universities to review their online and print materials not only for the accuracy of any employment statistics...more

Second Circuit Holds District Denied FAPE by Refusing to Discuss Bullying at IEP Meeting

On January 20, 2016, the Court of Appeals for the Second Circuit issued its decision in T.K. v. New York City Dep’t of Educ., — F.3d —, 2016 WL 229842 (2d Cir. Jan. 20, 2016), an important decision regarding the role of a...more

University Faces Action for Alleged Deceptive Advertising of Graduates' Employment, Earning Prospects

The Federal Trade Commission (FTC) has filed a complaint in a California federal district court against the operators of DeVry University in which it alleges that DeVry violated the FTC Act by misrepresenting the employment...more

U.S. Departments of Education and Health and Human Services Issues Joint Policy Letter On Improving School-Based Health

The United States Departments of Education and Health and Human Services (the “Departments”) recently issued a joint policy letter emphasizing the importance of improving school-based health through the use of partnerships...more

Former CFPB student loan ombudsman joins Education Dept.

Politico has reported that Rohit Chopra, the CFPB’s former student loan ombudsman, has joined the Education Department in a senior leadership position focused on protecting student borrowers. Politico also reported that in...more

Can colleges compensate recruiters based on graduation rates?

As we’ve noted before, our higher education practice regularly receives inquiries related to incentive compensation plans for recruiters. Late last year, following a series of rulemakings, lawsuits, and court decisions, the...more

SC Public Policy Update - January 2016

What's New - Members of the South Carolina General Assembly will return to Columbia on Tuesday, January 12th, to begin the second year of the 121st Legislative Session. 2016 marks an election year where all 170 seats in...more

U.S. Senator Questions Whether U.S. Department of Education Has Overstepped Title IX Authority

Last week, U.S. Senator James Lankford (R-Okla.), chairman of the Senate’s Homeland Security and Governmental Affairs Subcommittee on Regulatory Affairs and Federal Management, sent a letter to John B. King, Jr., the Acting...more

Racial Tensions On Campus: Six Practical Solutions For Educational Institutions

Almost five years ago, the Department of Education issued its “Dear Colleague” letter on Title IX and sexual violence. The letter was a not-so-subtle reminder that Title IX requires federally funded educational institutions...more

New Regs Will Change How Colleges Offer Bank Accounts to Students

On October 30, 2015, the Department of Education issued regulations to impose requirements on the marketing and terms of deposit and prepaid accounts offered to students at educational institutions that participate in Federal...more

Reminder of Key Gainful Employment Program Deadlines

As the calendar imminently turns to 2016, postsecondary institutions must be mindful of several key deadlines applicable to their Gainful Employment (GE) programs, which include all non-degree programs at public and private...more

FCC Reaches $3 Million Settlement with New York City Department of Education in E-Rate Investigation

On December 22, 2015, the Federal Communications Commission’s (FCC’s) Enforcement Bureau adopted a consent decree resolving the Enforcement Bureau’s investigation into whether the NYC DOE violated the competitive bidding...more

Senators urges Dept. of Education to delay use of robocalls in collection of federal student loans

In a letter sent last week to U.S. Department of Education Secretary Arne Duncan, four U.S. Senators urge the ED “to direct federal student loan servicers, debt collectors, and all other third parties” to delay use of the new...more

Testing, One, Two…. The United States Department of Education’s New Plan For Standardized Testing

Dramatically reversing its prior position on standardized testing, the federal government has concluded that perhaps it has been subjecting public school students to too much of it. On October 24, 2015, the United States...more

2016 Could Bring Even More Headaches for Institutions of Higher Education

The U.S. Department of Education is seeking to expand the right of all federal student loan borrowers to seek loan forgiveness. Specifically, it has begun a negotiated rulemaking proceeding to promulgate regulations...more

Department of Education invites comments on new complaint online system

The Department of Education has published a notice in the Federal Register inviting comments on its plans to create a new Web site by July 1, 2016 for students and borrowers to file complaints about federal student loans. The...more

Office for Civil Rights Names Diane Henson as New Director for Region 1

The U.S. Department of Education's Office for Civil Rights (OCR) has named Diane Henson to serve as the Regional Director for its Region I office, which covers the New England states of Connecticut, Maine, Massachusetts, New...more

The State Education Department Releases a ‘Blueprint for Improved Results for Students With Disabilities’

Last week, the New York State Education Department announced that it has developed a “blueprint” for local school districts to develop effective special education programs for students with disabilities. SED stated that the...more

Education Management Corporation Settles Significant FCA Claims

Education Management Corporation (EDMC), a Pittsburgh-based company that operates for-profit educational institutions, has agreed to pay $96 million in what attorneys involved in the case claim to be the largest settlement...more

School Districts’ Obligations to Transgender Students Under Scrutiny as Another School District Settles With OCR (12/15)

In October 2014, we reported on the increasing attention given by the U.S. Department of Education’s Office for Civil Rights (OCR) to the issue of discrimination against transgender students in public schools. Over the past...more

Alert: ED Issues New Incentive Compensation Guidance

At the end of November, the US Department of Education ("ED") issued important new guidance regarding its incentive compensation regulations, which ED says "clarifies and provides additional information" about part of the...more

Massachusetts AG Announces Settlements with Student Debt Relief Companies; Reveals Initiative to Aid Student Borrowers

On November 24, Massachusetts AG Maura Healey announced settlements with two student debt relief companies over allegations of charging consumers upfront fees prior to delivering the services offered. According to the AG’s...more

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