In another important development, the Neg Reg negotiators reached consensus on revisions to the department’s long-delayed state authorization rules. While the distance learning community has been keenly aware of these...more
Last week, the California Assembly Higher Education Committee unanimously voted to advance a bill designed to exclude OPMs and service providers from tuition share arrangements. AB 1345 would broaden California’s existing...more
As outlined in our previous posts on proposed regulations in California, we are also tracking newly proposed laws introduced in Washington State, Oregon and New York, all part of a growing trend in which state (or in one...more
In a previous post on CooleyED, we explained that alternative providers often require a license from state education agencies to enroll residents of a given state. That’s true regardless of whether the program is online and...more
Education models that challenge traditional delivery methods are attracting increased scrutiny from state regulators. Every state has laws governing entities offering education within its borders, but those laws – and how...more
Education models that challenge traditional delivery methods are attracting increased scrutiny from state regulators. Every state has laws governing entities offering education within its borders, but those laws – and how...more
In a surprise move on Friday, the Department of Education announced the portion of the proposed distance education rule relating to authorization of foreign locations of domestic institutions went into effect on July 1, 2018....more
Almost eight years after it first proposed the rule, the Department of Education announced today that it will delay the effective date of the state authorization for distance education rule from July 1, 2018, to July 1, 2020....more
The debate over the current and future Gainful Employment Rule continues in all three branches of the federal government: the administration, Congress and the federal courts.
After the new administration took office in...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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