On 4 February 2020, the Office of Management and Budget (OMB) announced that OMB and the U.S. Department of Education (ED) have decided to withdraw the emergency information collection request that ED had submitted to OCR on...more
2/12/2020
/ Department of Education ,
Disclosure Requirements ,
Education Reform ,
Educational Institutions ,
Gifts ,
Higher Education Act ,
Information Management ,
New Regulations ,
OMB ,
Regulatory Requirements ,
Reporting Requirements
On 17 December 2019, the U.S. Department of Education (ED) published in the Federal Register notice of a new information collection request (ICR) related to reporting requirements under Section 117 of the Higher Education Act...more
12/31/2019
/ Department of Education ,
Disclosure Requirements ,
Education Reform ,
Educational Institutions ,
Gifts ,
Higher Education Act ,
Information Management ,
New Regulations ,
OMB ,
Regulatory Requirements ,
Reporting Requirements
Two recent antitrust investigations by the U.S. Department of Justice (DOJ) into student recruitment practices highlight the agency's increased interest in higher education. These investigations are the latest in a number of...more
Higher education institutions increasingly leverage P3s to deliver campus projects, including with respect to energy and utility assets, instead of traditional project structures that involve the institution owning and...more
10/18/2019
/ Carbon Emissions ,
Colleges ,
Construction Project ,
Educational Institutions ,
Electricity ,
Energy Efficiency ,
Infrastructure ,
Project Finance ,
Public Private Partnerships (P3s) ,
Public Projects ,
Real Estate Development ,
State and Local Government ,
Universities ,
Urban Planning & Development
On 23 September 2019 the U.S. Department of Education (ED) published final regulations concerning, among other things, "borrower defense to repayment" claims for federal student loans first disbursed on or after 1 July 2020,...more
10/7/2019
/ Arbitration ,
Borrower Defense Rule ,
Department of Education ,
Educational Institutions ,
Final Rules ,
Financial Responsibility Standards ,
Mandatory Arbitration Clauses ,
Pre-Dispute Arbitration ,
Regulatory Requirements ,
Rulemaking Process ,
Student Loans ,
Triggering Event
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
On June 14, 2019, the United States Court of Appeals for the District of Columbia Circuit rejected the argument that a university should be entitled to special academic deference in employment discrimination claims concerning...more
7/10/2019
/ Agency Deference ,
Anti-Discrimination Policies ,
Appeals ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Human Rights Act ,
Tenure ,
Title VII ,
Universities
Although in the past few weeks the U.S. Department of Education (ED) had encouraged institutions to prepare for additional compliance requirements related to gainful employment (GE) that were scheduled to take effect on...more
After granting institutions several extensions to comply with certain disclosure requirements of the U.S. Department of Education's (ED) "gainful employment" (GE) regulations, ED announced that beginning on 1 July 2019,...more
On 3 June 2019 the U.S. Department of Education (ED) published a two-page Questions and Answers (Q&A) document to provide additional guidance to colleges and universities about aspects of the final regulations often referred...more
The U.S. Department of Education's (ED) 2019 negotiated rule-making process recently ended with the negotiators somewhat unexpectedly reaching consensus on proposed regulatory language on a variety of topics, including the...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
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
Under U.S. federal law, known as the Higher Education Act (HEA), eligible U.S. students may receive federal student aid to help pay for education expenses incurred to attend approved higher education institutions, including...more
2/18/2019
/ Department of Education ,
Direct Lending ,
Educational Institutions ,
Federal Student Aid ,
Federal Student Loans ,
FERPA ,
Foreign Entities ,
Higher Education Act ,
Incentive Compensation ,
Online Education ,
Student Privacy ,
Title IV
The U.S. Department of Education (ED) will convene a negotiated rulemaking committee in Washington, D.C. 14-16 January 2019 to begin discussions about proposals to revise the ED regulations related to the Title IV federal...more
Thanks to the rapid development and widespread acceptance of online programs over the last decade, American universities and their respective business partners now offer degree or non-degree programs entirely online around...more
7/10/2018
/ Accreditation ,
Continuing Education ,
Data Privacy ,
Data Security ,
For Profit Education ,
Global Marketplace ,
Higher Education Act ,
Online Education ,
Regulatory Oversight ,
Regulatory Requirements ,
Tax Liability
The U.S. Department of Education (ED) now has published its proposed rule to delay by two years the state authorization final regulations that were set to become effective July 1, 2018.? In this alert, we summarize what this...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
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
On October 24, the U.S. Department of Education (“ED”) published an interim final rule to delay until July 1, 2018 the effective date of selected provisions of what have become known as the borrower defense to repayment...more
10/26/2017
/ Borrower Defense Rule ,
Delays ,
Department of Education ,
Federal Student Loans ,
Financial Aid ,
Higher Education Act ,
Interim Final Rules (IFR) ,
Public Comment ,
Regulatory Oversight ,
Regulatory Standards ,
Rulemaking Process ,
Title IV
On September 22, the U.S. Department of Education Office for Civil Rights issued a Dear Colleague Letter withdrawing the statements of policy and guidance reflected in two key documents about Title IX and sexual violence...more
10/9/2017
/ Colleges ,
Dear Colleague Letter ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Federal Funding ,
Gender-Based Violence ,
OCR ,
Rape ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
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
In a case involving medical methods invented by two Nobel laureates, the U.S. Court of Appeals for the Federal Circuit has ruled that sovereign immunity prevents a third researcher from pursuing his claim of co-inventorship...more
4/27/2017
/ Bayh-Dole Act ,
Educational Institutions ,
Genetic Materials ,
Inventions ,
Inventors ,
Joint Inventors ,
Jurisdiction ,
Patents ,
Research Funding ,
Royalties ,
Scientific Research ,
Sovereign Immunity ,
Universities