News & Analysis as of

Department of Education

New York Institutions: Governor Reportedly to Order Comprehensive “Enough is Enough” Compliance Audit

Apparently prompted by allegations from students and advocates, New York Governor Andrew Cuomo is reportedly directing an audit, to be conducted by representatives from the New York State Department of Education, Department...more

Blog: State Authorization and Licensing: Recent Developments and Trends to Watch

by Cooley LLP on

State authorization requirements, particularly for online education programs, remain in flux even as more states join the state reciprocity compact, known as SARA, which applies to accredited institutions. There are...more

Window on Washington - This Week in the Nation's Capital - May 5, 2017 Vol. 1, Issue 7

by Clark Hill PLC on

Spending Bill: The U.S. Senate cleared legislation to fund the government for the rest of the fiscal year, sending it to President Trump for his signature. The vote was 79-18 on H.R. 244, which provides $1.1t in base...more

Blog: Avoiding Common Legal Issues at Coding Schools (and Other Edtech Companies): Accessibility and the Americans with...

by Cooley LLP on

If you operate a coding academy or provide almost any kind of educational program (whether face-to-face, online or hybrid) – regardless of whether you accept federal funds or participate in federal student aid programs – you...more

Window on Washington - This Week in the Nation's Capital - April 28, 2017 Vol. 1, Issue 6

by Clark Hill PLC on

Budget Release: Congressional staff is suggesting that the President’s full 2018 budget should be released on May 22nd. Continuing Resolution: The House gave lawmakers one more week to agree on a spending bill to fund...more

Fourth Circuit Reverses Preliminary Injunction in Transgender Student Rights Case; Adds its Two Cents

by Shipman & Goodwin LLP on

In March of 2017, the Supreme Court of the United States remanded the high profile transgender student rights case, Gloucester County School Board v. G.G. ex rel. Grimm, no 16-273, to the Fourth Circuit Court of Appeals for...more

Blog: As the Department of Education Revisits the Gainful Employment Rule California Legislators Propose a State Alternative

by Cooley LLP on

With continued questions about the Trump Administration’s commitment to Obama-era regulations, including the Gainful Employment (GE) Rule, one state is ready to jump into the fray and offer its own state-based alternative to...more

Congress Eliminates Obama-Era Regulations on Teacher Preparation Programs

by Hogan Lovells on

President Trump signed into law on March 27 a joint resolution to nullify U.S. Department of Education (ED) regulations relating to teacher preparation programs pursuant to the Congressional Review Act (CRA). As noted in its...more

State AGs criticize ED withdrawal of Obama student loan servicing policy direction

by Ballard Spahr LLP on

A group of 20 state attorneys general, the D.C. attorney general, and the Executive Director of the Office of Consumer Protection of Hawaii have sent a letter to U.S. Department of Education Secretary Betsy DeVos criticizing...more

Blog: New Department of Education Accreditation Database: A Promising Start, But Clearly a Work in Progress

by Cooley LLP on

The Department of Education (ED) has launched a new online database intended to provide current and prospective students, as well as the broader community, with current information on the accreditation status of institutions...more

High School Sleuths Expose Questionable Credentials of New Principal

by Shipman & Goodwin LLP on

Earlier this month in the city of Pittsburg, Kansas, a group of curious student journalists raised serious questions about the credentials of their newly hired principal, Amy Robertson. According to the Kansas City Star,...more

Window on Washington - This Week in the Nation's Capital - April 21, 2017 Vol. 1, Issue 5

by Clark Hill PLC on

White House Demands Disrupt Shutdown Negotiations: Congressional leaders' efforts to hatch a massive spending deal have been thrown off course by the Trump administration's 11th-hour intervention, leaving the bipartisan bill...more

Secretary DeVos withdraws Dept. of Education’s policy direction for student loan servicing

by Ballard Spahr LLP on

In a memorandum issued last week, U.S. Department of Education Secretary Betsy DeVos withdrew various memoranda issued by the Obama Administration ED Secretary and the ED’s Financial Student Aid Division (FSA) that provided...more

Transgender Students in Independent Schools: Developing Best Practices in a Confusing Political Landscape

by Shipman & Goodwin LLP on

Issues regarding transgender students and employees have been at the forefront of political, legal and social discussion in recent months. As independent schools consider their role in promoting the health and safety of...more

Regional Accrediting Agency Proposes Ban on Paying Recruiters of International Students

by Hogan Lovells on

On March 27, the Middle States Commission on Higher Education (“Middle States”) released for public comment a draft policy on its expectations for honesty and truthfulness in published information and in student recruitment...more

President Trump Signs 11 CRA Resolutions Overturning Obama-Era Regulations

by Baker Donelson on

Under the Congressional Review Act (CRA), Congress has a short 60 legislative day window to overturn regulations after they are finalized by the Administration. That window began to close on March 30, the final day to...more

Window on Washington - Vol. 1, Issue 3

by Clark Hill PLC on

Budget/Appropriations - Spending Talks: House and Senate appropriators continue efforts to nail down an agreement on a stopgap spending measure to avert a government shutdown after the expiration of the current...more

Every Student Succeeds Act Prohibits "Passing the Trash"

by Clark Hill PLC on

The Every Student Succeeds Act ("ESSA") was signed by former President Barack Obama on December 10, 2015 and is the federal law that replaced the previous No Child Left Behind Act. On April 3, 2017, the Michigan Department of...more

Window On Washington - This Week in the Nation's Capital - Vol. 1, Issue 2

by Clark Hill PLC on

Budget/Appropriations - April Deadline: The first deal Trump must cut is one to keep the government open past April 28, and here Republicans and Democrats mostly want him to get out of the way. Senate appropriators in...more

Blog: More Fallout from ACICS Loss of Recognition – SEVP Removes Grace Period

by Cooley LLP on

Immigration and Customs Enforcement has announced that its Student and Exchange Visitor Program will no longer allow ACICS schools 18 months to find new accreditors. Reversing its earlier position, the Student and...more

Shifting sands: the changing landscape of transgender discrimination

by Kirton McConkie PC on

Laws related to transgender discrimination are in a state of rapid flux. In the past couple of years, courts’ views on the law, particularly federal ones, have swung back and forth like a pendulum. Indeed, the interpretation...more

Window On Washington - This Week in the Nation's Capital

by Clark Hill PLC on

Budget Work Stymied: With the House and Senate headed for a mid-April recess, work on completing the Fiscal Year 2017 appropriations for 10 of the 11 appropriations bills remains unfinished despite an approaching April 28th...more

OIG: U.S. Department of Education Must Do More to Police the Financial Condition of Colleges and Universities

by Hogan Lovells on

Last week, The Chronicle of Higher Education reported that it had analyzed data released by the U.S. Department of Education (“ED”) and concluded that 177 private colleges and universities failed ED’s financial responsibility...more

Blog: Administration Releases “Skinny” Budget; Education Feels the Pinch

by Cooley LLP on

On March 16, 2017, the Administration released its Budget Blueprint for 2018. Overall, the Blueprint upholds many of the campaign promises the President made, increasing military spending by significantly cutting funds from...more

Student Loan Servicers Still Looking for Clarification on Reporting Obligations

There is surprisingly little guidance for student loan servicers when it comes to credit reporting. The only recent guidance directed at loan servicers came by way of an announcement from the U.S. Departments of Education and...more

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