On 18 May 2020 the U.S. Court of Appeals for the Ninth Circuit ruled against the National Collegiate Athletic Association (NCAA) in an antitrust case challenging the association's policy of limiting the compensation paid to...more
On 5 March 2020, the U.S. Department of Education (ED) published an electronic announcement to provide guidance on compliance with federal student financial aid (Title IV) requirements in connection with students for whom...more
3/10/2020
/ Best Practices ,
China ,
Colleges ,
Coronavirus/COVID-19 ,
Department of Education ,
Educational Institutions ,
Emergency Management Plans ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Students ,
Title IV ,
Universities
The U.S. Department of Education (ED) has issued additional guidance in the form of several supplemental "questions and answers" related to implementation of ED's 2016 "borrower defense to repayment" regulations (BDTR...more
In late May the U.S. Department of Education (the “Department”) announced several changes to its College Scorecard, a tool that is intended to help students and their families make informed decisions about post-secondary...more
Over the last few months state legislatures have put forward various bills that would increase regulation of postsecondary education.
...more
4/22/2019
/ Colleges ,
Education Reform ,
Education Requirements ,
For Profit Education ,
Legislative Agendas ,
Nonprofits ,
Post-Secondary Institutions ,
Regulatory Agenda ,
Regulatory Oversight ,
Rulemaking Process ,
State and Local Government ,
Universities
On 15 March 2019 the U.S. Department of Education (ED) issued an Electronic Announcement to provide guidance to colleges and universities about selected provisions contained in final regulations often referred to as the...more
4/9/2019
/ Arbitration ,
Arbitration Agreements ,
Borrower Defense Rule ,
Class Action ,
Class Action Arbitration Waivers ,
Consumer Financial Products ,
Department of Education ,
Higher Education Act ,
New Guidance ,
Rulemaking Process ,
Student Loans ,
Title IV
Like the cherry blossoms now emerging in Washington, D.C., there are signs that after recent years rife with partisan congressional gridlock, 2019 may bring changes to the Higher Education Act of 1965 (HEA), the sweeping law...more
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
Virtually all industries are being reshaped with the use of Artificial Intelligence and advanced machine-learning.
Everything from healthtech to self-driving vehicles, to education and smart homes, drones and space, social...more
4/4/2018
/ Antitrust Provisions ,
Artificial Intelligence ,
Asia Pacific ,
Connected Cars ,
Connected Items ,
Drones ,
Ethics ,
Export Controls ,
FinTech ,
Intellectual Property Protection ,
Life Sciences ,
Outer Space ,
Popular ,
Regulatory Oversight ,
Robotics ,
Satellites ,
Smart Devices ,
Unmanned Aircraft Systems
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
Instructor. Regular. Substantive. Those three words, as defined by the U.S. Department of Education (“ED”) Office of Inspector General (“OIG”), resulted in OIG’s recent recommendation that Western Governors University (“WGU”)...more
During the Obama Administration the National Labor Relations Board (“NLRB” or the “Board”) opened wider the gates of private colleges and universities to organized labor. In 2014 the Board made it easier for faculty to...more
7/19/2017
/ Administrative Appointments ,
Collective Bargaining ,
Colleges ,
Educational Institutions ,
Graduate Students ,
NLRA ,
NLRB ,
Nominations ,
Special Committees ,
Student Employees ,
Trump Administration ,
Unions ,
Universities
On June 26, 2017, in Trinity Lutheran Church of Columbia, Inc. v. Comer, the U.S. Supreme Court held unconstitutional under the Free Exercise Clause Missouri’s refusal to award a playground resurfacing grant to a church. The...more
7/5/2017
/ Churches ,
Constitutional Challenges ,
First Amendment ,
Free Exercise Clause ,
Grants ,
Public Benefits ,
Religious Discrimination ,
Religious Institutions ,
Religious Schools ,
SCOTUS ,
State and Local Government ,
State Funding ,
Trinity Lutheran Church of Columbia Inc. v Comer
On June 14, the U.S. Department of Education (“ED”) announced its plan to convene negotiated rulemaking committees to consider revisions to two major sets of regulations that were developed by the Obama Administration. ED...more
President Trump signed into law on March 27 a joint resolution to nullify U.S. Department of Education (ED) regulations relating to teacher preparation programs pursuant to the Congressional Review Act (CRA). As noted in its...more
On 19 January, the U.S. Department of Education published regulations to establish procedural rules governing certain proceedings under the Department’s borrower defense regulations and to update the Department’s related...more
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
1/19/2017
/ Data Collection ,
Department of Education ,
Educational Institutions ,
Federal Student Aid ,
Final Rules ,
Grants ,
Higher Education Act ,
Students ,
Surveys ,
Teachers ,
Title II ,
Title IV ,
Trump Administration