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Educational Institutions Financial Aid

Troutman Pepper

Fourth Circuit: Institution's Tax-Exempt Status Does Not Trigger the Applicability of Title IX's Requirements

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On March 27, the Fourth Circuit Court of Appeals concluded that an independent high school’s Section 501(c)(3) tax-exempt status does not constitute “receiving Federal financial assistance,” for purposes of subjecting an...more

BakerHostetler

Steps Colleges Should Take to Bust Ghost Students

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Educational institutions in the United States, as well as those in other countries, are reporting experiencing a fairly new type of fraudulent scheme: the ghost student scam. “Ghost students” are stolen or fake identities...more

McGuireWoods LLP

Education Department Extends Gainful Employment Reporting Deadline, Publishes Milestones Schedule

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On March 29, 2024, the U.S. Department of Education published an electronic announcement delaying the reporting deadline for institutional data related to the Gainful Employment (GE) and Financial Value Transparency (FVT)...more

Troutman Pepper

California AG Bonta Upholds $21M Penalty Against Ashford University Over GI Bill Errors

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In a recent ruling, the California Court of Appeal largely affirmed a lower court’s decision from March 2022, finding that Ashford University (now known as University of Arizona Global Campus), an online, for-profit college,...more

Holland & Knight LLP

U.S. Department of Education Issues New Certification Procedures for Federal Financial Aid

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The U.S. Department of Education (Department) issued final rules on Oct. 24, 2023, imposing new conditions that higher education institutions must satisfy to participate in federal student aid programs under Title IV of the...more

Spilman Thomas & Battle, PLLC

Financial Aid Offer Letters - The Clearer the Better

When the College Cost Transparency Initiative (CCTI) began in 2022, leaders of 10 higher education institutions formed the task force “to improve the clarity, accuracy, and understanding of student financial aid offers by...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 9, November 2023

The Accreditation Overhaul for North Carolina (and Florida) Colleges - Last month, North Carolina Governor Roy Cooper signed House Bill 8 (HB 8) into law. In addition to establishing a new computer science requirement for...more

Troutman Pepper

Biden-Harris Administration Amends Higher Education Act to Address College Closures and Withholding Transcripts

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On October 24, the Biden-Harris administration announced amendments to the regulations implementing title IV of the Higher Education Act of 1965 (HEA). According to the fact sheet, the amendments are intended to allow the...more

Pillsbury Winthrop Shaw Pittman LLP

Biden Administration Issues Guidance to Universities on Implementing Supreme Court Affirmative Action Ruling

A Department of Education letter and Q&A document outlines lawful ways for universities to promote diverse student bodies. Higher education institutions are urged to “redoubl[e] efforts to recruit and retain” students...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Education Department Proposes New Accountability and Transparency Rules for Postsecondary Institutions

The regulations would terminate access to federal financial aid for certain programs and increase transparency across all postsecondary programs. The proposed “gainful employment rule” would limit a postsecondary...more

Alston & Bird

New Regulations Proposed by the Department of Education Will Impact Proprietary and Nonproprietary Schools Alike

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Our Education Team delves into new proposed regulations that would bring a substantial change to the way Title IV is administered. New gainful employment regulations are more complex than Obama-era versions....more

Fisher Phillips

FAQs for Schools on Liquidity Crisis and Bank Failure Fallout

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Schools may soon face repercussions from the liquidity crisis caused by Silicon Valley Bank’s collapse, subsequent bank failures, and the resulting financial tremors rippling across the country. Many of those employed by...more

McGuireWoods LLP

Education Department to Hold Owners, Individuals, Board Members Liable for Higher Education Institutions

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On March 2, 2023, the U.S. Department of Education announced it will hold individuals representing corporations or other legal entities, including a member of the board of directors or a chief executive officer, personally...more

Orrick, Herrington & Sutcliffe LLP

Education Dept. releases IDR proposal

On January 10, the Department of Education (DOE) announced a notice of proposed rulemaking (NPRM) to reduce the cost of federal student loan payments. ...more

Hogan Lovells

Updated U.S. Department of Education guidance on Section 117 Foreign Gift and Contract requirements

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This advisory summarizes Section 117 requirements and enforcement, highlights key aspects of the updated guidance, and identifies considerations for higher education institutions given the U.S Department of Education’s...more

BakerHostetler

Federal Court Allows Price-Fixing Class Action to Proceed Against Universities

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​​​​​​​Seventeen of U.S. News & World Report’s top 25 universities in the nation recently lost their bid to dismiss allegations of an antitrust conspiracy to suppress student financial aid awards. The ruling by the U.S....more

Bailey & Glasser, LLP

[Webinar] Title IX 50th Anniversary Primer: Time to Sue? - June 23rd, 2:00 pm - 3:00 pm ET

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Title IX of the Education Amendments of 1972 prohibits gender discrimination by schools nationwide, including in intercollegiate athletics. But almost all colleges and universities in America are violating it. And history...more

McGuireWoods LLP

U.S. Department of Education Officially Asserts Authority over Income Share Agreements

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On March 2, 2022, the U.S. Department of Education’s Office of Federal Student Aid (FSA) for the first time asserted regulatory authority over income share agreements (ISAs) as private education loans. FSA issued an...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

Hogan Lovells

Department of Education embarks on negotiated rulemaking

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On October 4, 2021, the U.S. Department of Education (ED) commenced the first of five negotiated rulemaking sessions. The five sessions are focused on the federal student financial aid programs authorized under Title IV of...more

Cooley LLP

Blog: 90/10 Provisions of American Rescue Plan Act of 2021 Brings Major Change

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For proprietary institutions subject to the 90/10 rule, President Joe Biden’s signing of the American Rescue Plan Act of 2021 on March 11 reflects a major change in this revenue test that provides for-profit institutions and...more

Cohen Seglias Pallas Greenhall & Furman PC

Can being accused of a crime affect my college scholarship?

Being accused of a crime can be a scary event for anyone. For college students, however, the potential threat of a criminal conviction can mean the difference between graduating and not graduating. As student defense...more

Bricker Graydon LLP

Foreign gift and contract reporting: Tuition paid by foreign source applies

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As we rapidly approach the New Year, higher education institutions should ensure they have met their foreign gift and contract reporting requirements. Institutions are required by Section 117 of the Higher Education Act to...more

Faegre Drinker Biddle & Reath LLP

Revised Higher Education Reporting Requirements for CARES Act Emergency Financial Aid Grants to Students

On August 31, 2020, the U.S. Department of Education (ED) published a Federal Register notice revising its May 6, 2020, electronic announcement requiring higher education institutions to publish on their websites certain...more

Goodwin

False Claims Act Risks In U.S. Higher Education

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The federal False Claims Act (FCA) has long been a powerful tool for the U.S. Department of Justice (DOJ) — or private whistleblowers bringing suit on the DOJ’s behalf — to investigate and police activity financed with...more

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