News & Analysis as of

Higher Education Act Department of Education

Title IX Update - September 2017

by Nexsen Pruet, PLLC on

Secretary DeVos is planning a major Title IX announcement on Thursday: Media reports indicate that Department of Education Secretary DeVos is planning a major announcement regarding Title IX enforcement on Thursday of...more

DOE Imposes Data Security Requirements on Colleges and Universities

Do you have a written data security program in place to meet federal requirements? In the last year, the Department of Education (DOE) released guidance in the form of a “Dear Colleague” letter emphasizing the importance...more

Another trade group seeks federal preemption guidance from ED

by Ballard Spahr LLP on

The National Council of Higher Education Resources (NCHER), a national trade association representing higher education finance organizations, has written to the Department of Education urging the ED to issue preemption...more

Title IX Update - July 2017

by Nexsen Pruet, PLLC on

Office for Civil Rights Indicates Changes to Investigation Protocols - The Department of Education’s Office for Civil Rights (OCR) has reportedly released an internal memorandum indicating a change to its investigation...more

Clarifying the status of Gainful Employment and Borrower Defense to Repayment

by Thompson Coburn LLP on

During the second term of the Obama administration, the U.S. Department of Education promulgated several complex regulatory packages. Among the most significant and controversial were the Gainful Employment (“GE”) rule,...more

Lawsuit filed challenging Dept. of Education “borrower defense” final rule banning arbitration

by Ballard Spahr LLP on

The California Association of Private Postsecondary Schools (CAPPS) has filed a complaint in D.C. federal district court against the Dept. of Education and Education Secretary Betsy DeVos to overturn the “borrower defense”...more

Alert: DeVos One Step Closer to Department of Education, But Questions Remain

by Cooley LLP on

Today the Senate Health, Education, Labor and Pensions (HELP) Committee voted along party lines to forward the nomination of Betsy DeVos to the full Senate. The vote was 12-11 in favor of moving the nomination. Republicans...more

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

by Hogan Lovells on

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

CFPB releases report on college credit card agreements and compliance bulletin

by Ballard Spahr LLP on

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

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

by Cooley LLP on

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

by Ballard Spahr LLP on

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 issues proposed rules for Higher Ed Distance Learning Programs

by Thompson Coburn LLP on

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

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

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

by Fisher Phillips on

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

Alert: Implications of Potential Denial of ACICS Recognition by ED

by Cooley LLP on

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

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

by Ballard Spahr LLP on

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

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

by Cooley LLP on

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

Dept. of Education considering ban on use of arbitration agreements by schools receiving Title IV assistance

by Ballard Spahr LLP on

We recently blogged about Public Citizen, Inc.’s petition to the Department of Education requesting the Department to adopt a rule requiring schools to agree, as a condition of receiving Title IV assistance under the Higher...more

Public Citizen petitions Dept. of Education to ban use of arbitration agreements by schools receiving Title IV assistance

by Ballard Spahr LLP on

Public Citizen, Inc. has sent a petition to the Department of Education requesting the Department to adopt a rule that requires schools to agree, as a condition of receiving Title IV assistance under the Higher Education Act...more

University Faces Action for Alleged Deceptive Advertising of Graduates' Employment, Earning Prospects

by Ballard Spahr LLP on

The Federal Trade Commission (FTC) has filed a complaint in a California federal district court against the operators of DeVry University in which it alleges that DeVry violated the FTC Act by misrepresenting the employment...more

New Regs Will Change How Colleges Offer Bank Accounts to Students

by Bryan Cave on

On October 30, 2015, the Department of Education issued regulations to impose requirements on the marketing and terms of deposit and prepaid accounts offered to students at educational institutions that participate in Federal...more

Education Management Corporation Settles Significant FCA Claims

by Dorsey & Whitney LLP on

Education Management Corporation (EDMC), a Pittsburgh-based company that operates for-profit educational institutions, has agreed to pay $96 million in what attorneys involved in the case claim to be the largest settlement...more

Lawmakers seek rescission of CID issued to college accrediting organization

by Ballard Spahr LLP on

Senator Lamar Alexander and Representative John Kline sent a letter to Director Cordray on October 23, 2015 requesting that he “immediately rescind the issuance of a civil investigative demand to the Accrediting Council for...more

U.S. Department of Education Turns Eye to Regulating Financial Services Industry

by BakerHostetler on

On October 27, 2015, the United States Department of Education issued 433 pages of new regulations governing student loan programs under the Student Assistance General Provisions regulations promulgated under the Higher...more

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