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Blog: The State Authorization Rule Still Lives – Be Ready

Recently, the House Committee on Education and the Workforce that is working on the long-overdue reauthorization of the Higher Education Act released its proposal, the Promoting Real Opportunity, Success, and Prosperity...more

Blog: New ED Audit Guide Updates Requirements Concerning Third-Party Servicers

As discussed in our previous posts, the Department of Education’s new Audit Guide establishes new audit requirements applicable to for-profit schools and to compliance audits of third-party servicers that administer “any...more

Blog: Department Seeks Public Comment on Regulations to Repeal

Update: As a reminder, the Department of Education (ED) is seeking public comments to identify regulations that are “unduly costly or unnecessarily burdensome” and may be candidates for repeal or revision. We encourage you to...more

Blog: Department Holds Hearings and Comment Period on Neg Reg Agenda

Yesterday, the Department of Education held the first of two public hearings to hear comments on the agenda for the upcoming negotiated rulemaking, currently slated to include borrower defense to repayment and gainful...more

Blog: Department of Education Delays Borrower Defense Rules and Proposes Reset on Gainful Employment

The Department of Education announced today that it will delay, with limited exceptions, the entire set of Borrower Defense to Repayment regulations (BDTR) scheduled to take effect July 1 until further notice, as well as...more

Blog: State Authorization and Licensing: Recent Developments and Trends to Watch

State authorization requirements, particularly for online education programs, remain in flux even as more states join the state reciprocity compact, known as SARA, which applies to accredited institutions. There are...more

Blog: Avoiding Common Legal Issues at Coding Schools (and Other Edtech Companies): Accessibility and the Americans with...

If you operate a coding academy or provide almost any kind of educational program (whether face-to-face, online or hybrid) – regardless of whether you accept federal funds or participate in federal student aid programs – you...more

Blog: March 28 Deadline Looms for Online Schools to Obtain Authorization in New York

Last September, the New York Board of Regents issued new regulations requiring all degree-granting out-of-state institutions seeking to enroll New York residents in their online programs to obtain authorization from the...more

Alert: White House Issues Regulatory Freeze with Minimal Impact on Education Rules

On President Trump’s first day in office, the White House ordered a regulatory freeze to allow the incoming administration to review any new or pending regulations. Federal agencies are required to take several steps to allow...more

Alert: CA BPPE Issues Final Regulations on Data Reporting and Disclosure

After several rounds of public comment and revisions, the Bureau for Private Postsecondary Education ("BPPE" or "Bureau") has issued final regulations significantly expanding the data reporting and disclosure requirements...more

Alert: ED's Proposed Rules for Online Learning Present New Compliance Challenges

On Monday, July 25, the US Department of Education (ED or the Department) formally released a Notice of Proposed Rulemaking (NPRM) to amend its current state authorization regulations, particularly with respect to distance...more

Alert: ED to Propose New Rules for Online Education

Last week, the Department of Education (ED or the Department) submitted to the Office of Management and Budget (OMB) proposed new or amended state authorization regulations. The proposed regulations relate to state...more

Alert: DOJ Puts Pressure on Schools and Ed Techs to Provide Accessible Educational Technology

In our last alert on the growing interaction between ed tech and disability law, we noted that the Department of Justice ("DOJ") appears to be moving to extend the provisions of the Americans with Disabilities Act ("ADA") to...more

Alert: Websites as Places of Public Accommodation: DOJ Settlement May Extend Accessibility Requirements to Virtual Space

Recent headlines around a high-profile settlement between the US Department of Justice and edX, Inc., one of the largest and earliest distributors of MOOCs, have once again highlighted the importance of understanding the...more

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