News & Analysis as of

Disclosure Requirements Department of Education

Proskauer - Labor Relations Update

NLRB GC Abruzzo Issues Guidance to Academic Institutions Addressing Conflicting Obligations under Labor and Student Privacy Laws

Earlier this week, the National Labor Relations Board General Counsel Jennifer Abruzzo issued Memorandum GC 24-06 seeking to clarify the obligations imposed by the National Labor Relations Act (NLRA) on academic institutions...more

Kohrman Jackson & Krantz LLP

FERPA Faux Pas: Avoiding Missteps as Your Child Steps into College

Can you believe it? Summer isn’t over yet, but it’s already time to start thinking about the upcoming school year. For parents of younger children, this means shopping for school supplies and new clothes, reestablishing...more

Holland & Knight LLP

New Financial Responsibility Requirements from U.S. Department of Education

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The U.S. Department of Education (Department) has identified college closures and institutional financial instability as creating significant costs for students and taxpayers. From 2013 to 2022, the Department sought more...more

Bass, Berry & Sims PLC

NIH Begins Implementation of OSTP Foreign Influence Recommendations for Research Institutions

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As part of the government’s broader efforts to combat foreign threats to U.S.-funded scientific research, the National Institutes of Health (NIH) and White House Office of Science and Technology Policy (OSTP) have announced...more

Ballard Spahr LLP

Third Circuit rules CFPB lawsuit against federal student loan servicer did not preclude PA AG’s parallel lawsuit, federal law did...

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The U.S. Court of Appeals for the Third Circuit ruled last week in Commonwealth of Pennsylvania v. Navient Corp. that the PA Attorney General could bring a parallel enforcement action against Navient, a servicer of federal...more

Hogan Lovells

COVID-19: Daily Report for Life Sciences and Health Care Companies (UPDATED)

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The Daily Report is a compilation of COVID-19 (coronavirus) news briefs from around the world to help life sciences and health care companies stay current in this challenging time....more

Bradley Arant Boult Cummings LLP

Misrepresentation Claims Not Preempted: Eleventh Circuit Rules Against Preemption in Student Loan Case

As we’ve been tracking for over a year now, courts across the country have addressed the significant question of whether the federal laws governing federally owned or guaranteed student loans preempt state laws placing...more

Perkins Coie

US Department of Education Scrutinizes Foreign Investment Into Higher Education

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The U.S. Department of Education (DOE) recently launched investigations into at least a half dozen top research institutions for failing to disclose foreign-sourced gifts or contracts. Under section 117 of the Higher...more

Hogan Lovells

U.S. Department of Education withdraws proposed Section 117 foreign gift and contract information collection request; plans to...

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On 4 February 2020, the Office of Management and Budget (OMB) announced that OMB and the U.S. Department of Education (ED) have decided to withdraw the emergency information collection request that ED had submitted to OCR on...more

Bricker Graydon LLP

Disclosing foreign gifts and contracts: An expanding area of compliance for higher education institutions

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The Higher Education Act was passed by Congress in 1986. Since then, higher education institutions have been required by Section 117 of the act to biannually report to the U.S. Department of Education (ED) gifts from or...more

Hogan Lovells

U.S. Department of Education provides notice of new, expanded Section 117 foreign gift and contract reporting requirements for...

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On 17 December 2019, the U.S. Department of Education (ED) published in the Federal Register notice of a new information collection request (ICR) related to reporting requirements under Section 117 of the Higher Education Act...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: ED Publishes Final State Authorization for Distance Education Rule

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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

Hogan Lovells

Gainful employment whiplash: 2014 regulations rescinded

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Although in the past few weeks the U.S. Department of Education (ED) had encouraged institutions to prepare for additional compliance requirements related to gainful employment (GE) that were scheduled to take effect on...more

Faegre Drinker Biddle & Reath LLP

Gainful Employment Regulations Rescinded as of July 1, 2020, with Institutional Option for Early Implementation

On July 1, 2019, the U.S. Department of Education (the Department) published final regulations (the “Final Rule”) rescinding requirements for programs that are eligible for Title IV federal student financial aid based on...more

Hogan Lovells

Additional gainful employment program disclosure requirements take effect 1 July 2019

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After granting institutions several extensions to comply with certain disclosure requirements of the U.S. Department of Education's (ED) "gainful employment" (GE) regulations, ED announced that beginning on 1 July 2019,...more

Faegre Drinker Biddle & Reath LLP

New Gainful Employment Program Disclosure Requirements Take Effect July 1, 2019

After earlier delays in implementation, the U.S. Department of Education (the Department) has instructed postsecondary education institutions that more extensive distribution requirements for Gainful Employment (GE) program...more

Hogan Lovells

State authorization redux: New rules would retain disclosure requirements for professional licensure programs

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The U.S. Department of Education's (ED) 2019 negotiated rule-making process recently ended with the negotiators somewhat unexpectedly reaching consensus on proposed regulatory language on a variety of topics, including the...more

Hogan Lovells

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

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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

Hogan Lovells

U.S. Department of Education Further Delays Gainful Employment Disclosures

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On June 18 the U.S. Department of Education (ED) announced that it intends to allow institutions additional time—until July 1, 2019—to comply with certain disclosure requirements of ED’s “gainful employment” (GE)...more

Hogan Lovells

ED proposes two-year delay of state authorization rule

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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

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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

Cooley LLP

Blog: A Busy Week for the Gainful Employment Rule

Cooley LLP on

Events of the last week have reflected the Department of Education’s give-a-little, take-a-little approach to the Gainful Employment Rule. The department continues to take steps to implement certain aspects of the current GE...more

Ballard Spahr LLP

Education Dept. says state student loan servicing laws are preempted

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In response to the wave of new state student loan servicing laws and enforcement activity, the U.S. Department of Education has published an interpretation emphasizing that the Higher Education Act (HEA) preempts state...more

Hogan Lovells

Foreign location authorization rule appears on schedule for July 1 effective date

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In the waning days of the Obama Administration, the U.S. Department of Education (ED) released final regulations regarding state authorization for distance education and foreign country authorization for certain locations...more

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