Higher Education Act

News & Analysis as of

U.S. Department of Education Issues Final Regulations Regarding Teacher Preparation Programs

On October 31, 2016, the U.S. Department of Education (ED) published final regulations regarding teacher preparation programs, implementing the accountability provisions of Title II of the Higher Education Act (HEA) and...more

Universities Are Prime Targets for False Claims Act Liability

Colleges and universities receive billions of dollars in federal funds, whether through research grants or student financial aid, or even by billing Medicare or Medicaid for services rendered at academic medical centers. As a...more

CFPB releases report on college credit card agreements and compliance bulletin

The CFPB released its annual report on college credit card agreements (the fifth issued by the CFPB), together with a compliance bulletin regarding the obligation of colleges and universities under the CARD Act to publicly...more

Whistleblowers on Campus: DOJ Adds Research Universities to its False Claims Act Focus

Federal funding is the grand prize for higher education research institutions. Each year, the federal government pumps hundreds of millions of dollars in research grants and awards into the university system. These funds are...more

Seventh Circuit Revisits Sanford-Brown, Rejects Implied Certification Claim

In one of the few cases to apply the Supreme Court’s recent decision in Universal Health Services v. Escobar, the Seventh Circuit recently revisited and affirmed its prior rejection of an implied certification claim under the...more

Alert: Presidential Transitions: A Primer on Rulemakings

A smooth transition from the outgoing to incoming administration is a hallmark of democracy and something both parties strive to achieve. Among the myriad issues that must be addressed, one of the more important ones for both...more

Make college great again: Higher education in the Trump era

Much has already been written about President-elect Donald Trump’s unanticipated victory and the GOP retention of Congress last week. But what should the nation’s institutions of higher education — and the students they serve...more

Alert: All Institutions Face New Risks Under ED’s Final Borrower Defense Rule

In this, the first in a series of client alerts that will explain the workings of the new Borrower Defense to Repayment Rule (BDTR), we explore what promises to be a series of rules, procedures and interpretations to be...more

Dept. of Ed. Bans Pre-Dispute Arbitration Agreements by Title IV Schools

The U.S. Department of Education has issued a final rule that broadly addresses the ability of a student to assert a school's misconduct as a defense to repayment of a federal student loan. The final rule includes a ban on...more

ED’s new rules for teacher preparation programs

On October 12, 2016, the U.S. Department of Education issued its long-awaited final rule regarding teacher preparation programs. After nearly five years and a fair amount of compromise, the final regulation has garnered some...more

ED issues proposed rules for Higher Ed Distance Learning Programs

The summer of 2016 has been remarkable in the world of higher education regulation. On May 13, the U.S. Department of Education and the Department of Justice issued a joint Dear Colleague letter concerning civil rights...more

Higher ed braces for flood of lawsuits over retirement plans

Numerous colleges and universities sponsor retirement plans—both defined benefit (DB) and defined contribution (DC)—to provide retirement income security for their employees. But recently a number of higher education...more

Fostering Financial Aid Literacy in Students: H.R. 3179

This is the sixth and final installment in a series examining five bipartisan bills advanced by the House Committee on Education and the Workforce on June 22, 2016 and approved by the full House of Representatives on July 11,...more

Higher ed faces ADA challenges over accessibility of university websites

Websites are vitally important to institutions of higher education for a variety of reasons. They serve as a real-time brochure for prospective students, provide important academic and administrative resources to students and...more

Choice is Knowledge: H.R. 3178

This is the fifth installment in a series examining five bipartisan bills advanced by the House Committee on Education and the Workforce on June 22, 2016 and approved by the full House of Representatives on July 11, 2016....more

Renovating the Past, Constructing the Future: H.R. 5530

This is the fourth installment in a series examining five bipartisan bills advanced by the House Committee on Education and the Workforce on June 22, 2016 and approved by the full House of Representatives on July 11, 2016....more

Proposed Borrower Defense Rules May Significantly Impact Higher Education Institutions

The US Department of Education (ED) recently released a significant Notice of Proposed Rulemaking which could impact most institutions of higher education. In a nutshell, the proposed regulations are designed to provide...more

Expanding Access and Encouraging Health Care: H.R. 5529

This is the third installment in a series examining five bipartisan bills advanced by the House Committee on Education and the Workforce on June 22, 2016. The original post briefly summarizing all five bills was posted in...more

Fear No FAFSA: H.R. 5528

This is the second installment in a series examining five bipartisan bills advanced by the House Committee on Education and the Workforce on June 22, 2016. The original post summarizing all five bills was posted in Education...more

Alert: Implications of Potential Denial of ACICS Recognition by ED

On June 23, the National Advisory Committee on Institutional Quality and Integrity (NACIQI) will meet to consider the recommendation of US Department of Education (ED or the Department) staff that the Accrediting Council for...more

House Committee Advances Higher Education Bills

This summary is the first installment in a series examining the five bipartisan bills in greater detail. As much of the attention in Washington this week was concentrated on the sit-in by House Democrats over gun control...more

Ban Proposed on Mandatory Pre-Dispute Arbitration Agreements by Schools Receiving Title IV Aid for Student Borrowers

The U.S. Department of Education has issued a proposed rule that includes a ban on mandatory pre-dispute arbitration agreements by schools receiving Title IV assistance under the Higher Education Act (HEA) and a new federal...more

Penalty Relief for Colleges and Universities Filing IRS Forms 1098-T, Tuition Statement, for 2016

Colleges, universities, vocational schools and other postsecondary educational institutions are required to furnish Forms 1098-T to students and the IRS annually reporting qualified tuition and related expenses paid by, or on...more

Massachusetts Senate Passes 3 Higher Education Bills

As an update to our recent post, the Massachusetts Senate took action on several important pieces of legislation that relate to higher education institutions and their students. Below is a brief summary of the activity that...more

Alert: Negotiations on New Defense to Repayment Rules Fail: It's All Up to ED Now

Following a highly charged, often contentious three days of debate, the third session of the Negotiated Rulemaking on Borrower Defense to Repayment (DTR) ended as it started, without consensus. The Department of Education...more

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