News & Analysis as of

Educational Institutions Disclosure Requirements

Littler

NLRB General Counsel Suggests How Colleges and Universities Can Satisfy NLRA Disclosure Obligations Without Violating FERPA

Littler on

Colleges and universities that employ their own students face conflicts about how to protect student information, as required by the Family Educational Rights and Privacy Act (FERPA), while disclosing information about...more

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

BakerHostetler

Division I Council Approves NIL Disclosure and Transparency Rules, Introduces New Proposals for School Involvement

BakerHostetler on

This month, the NCAA Division I Council approved a proposal to address student-athlete protections related to name, image and likeness (NIL) deals. The proposal will become effective August 1....more

Patterson Belknap Webb & Tyler LLP

January 2024 Legislative Round Up

Recent bills in the U.S. House of Representatives and Senate demonstrate legislators’ concerns about several issues related to nonprofits, including: (1) admissions practices at institutions of higher education; (2)...more

Perkins Coie

New Risk-Based Security Requirements for Federally Funded Research at US Institutions of Higher Education

Perkins Coie on

International cooperation and welcoming foreign academics are critical to the success and leadership of U.S. institutions of higher education. These interactions enhance fundamental scientific research and promote the...more

Health Care Compliance Association (HCCA)

NSF, OSTP Begin Implementing ‘CHIPS’ Act; Institutions Face New Security Requirements

Report on Research Compliance 19, no. 10 (October, 2022) - What is a malign foreign government talent recruitment program and why does it matter? This is a term with which research compliance officials managing federal...more

TNG Consulting

Part II of IV: Faculty and Staff Experiences and Perceptions of Mandated Reporting (MR)–The Survey

TNG Consulting on

In the first Blog entry—“Why Care about Faculty and Staff Experiences and Perceptions of Mandated Reporting (MR)?”—the authors made the argument that evaluating the merits of compelled disclosure policies requires a deep dive...more

Harris Beach PLLC

Recent NYSED Decision Underscores Need for School Districts to Protect Data Privacy

Harris Beach PLLC on

School districts must consider the sanctity and privacy of data they maintain, as a recent decision underscores from the New York State Education Department’s Office of the Chief Privacy Officer. This alert explains the...more

Manatt, Phelps & Phillips, LLP

Illinois Set to Impose Significant Obligations on College and Financial Aid Advisory Services

Illinois adopted a first-of-its-kind law regulating entities that advise consumers about college or career searches, financial aid, or scholarships, or that assist with planning, preparing or submitting applications on behalf...more

Miles & Stockbridge P.C.

Disclosure Crucial to Thousand Talents Investigations

China employs its Thousand Talents Program (“TTP”) to recruit overseas academic and scientific talent to work in China by promising research funding from the Chinese government and, occasionally, compensation. TTP has drawn...more

Perkins Coie

US Department of Education Scrutinizes Foreign Investment Into Higher Education

Perkins Coie on

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...

Hogan Lovells on

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

Bricker Graydon LLP on

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...

Hogan Lovells on

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

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

Hogan Lovells

Gainful employment whiplash: 2014 regulations rescinded

Hogan Lovells on

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

Hogan Lovells on

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

Mintz - Sports Entertainment Viewpoints

New Law Gives Student-Athletes Mandatory Whistleblower Protections

In the aftermath of concerns on student-athlete safety following the death of a Maryland football player during conditioning drills last year, new legislation takes aim by providing protections on the right of college...more

Hogan Lovells

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

Hogan Lovells on

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

Cooley LLP

Blog: Neg Reg Expands Professional Licensure Disclosure Rules in Consensus on State Authorization

Cooley LLP on

In another important development, the Neg Reg negotiators reached consensus on revisions to the department’s long-delayed state authorization rules. While the distance learning community has been keenly aware of these...more

Sheppard Mullin Richter & Hampton LLP

From the Big Easy to the Big Ten, And Beyond: What the Process of Reforming the New Orleans Police Department Can Teach Colleges...

In 2012, the Penn State Lions went 8-4 on the field, passing 3,283 yards, rushing 740 yards, and scoring 349 points. This credible performance earned it a respectable 38th ranking out of the 124 schools in the NCAA’s Division...more

Hogan Lovells

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

Hogan Lovells on

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

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