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Department of Education embarks on negotiated rulemaking

On October 4, 2021, the U.S. Department of Education (ED) commenced the first of five negotiated rulemaking sessions. The five sessions are focused on the federal student financial aid programs authorized under Title IV of...more

Reminder: New Department of Education rules regarding Professional Licensure Programs are in effect July 1, 2020

As we’ve previously reported in detail, on November 1, 2019, the U.S. Department of Education (ED) published final rules concerning state authorization of distance education programs and other topics. Notably, the new rules...more

Doing your homework when offering online programs internationally

The COVID-19 pandemic has sparked renewed interest in offering online programs, both in the United States and internationally, as a means for students to continue their studies on an uninterrupted basis. The U.S. Department...more

U.S. Department of Education provides COVID-19 guidance for colleges and universities

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

U.S. regulation of "foreign schools": Selected considerations for institutions participating in the U.S. Student Assistance...

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

Department of Education convenes "Accreditation and Innovation" negotiated rulemaking committee

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

Foreign location authorization rule appears on schedule for July 1 effective date

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

U.S. Department of Education Announces Further Delays to Borrower Defense to Repayment Regulations

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

Regional Accrediting Agency Proposes Ban on Paying Recruiters of International Students

On March 27, the Middle States Commission on Higher Education (“Middle States”) released for public comment a draft policy on its expectations for honesty and truthfulness in published information and in student recruitment...more

OIG: U.S. Department of Education Must Do More to Police the Financial Condition of Colleges and Universities

Last week, The Chronicle of Higher Education reported that it had analyzed data released by the U.S. Department of Education (“ED”) and concluded that 177 private colleges and universities failed ED’s financial responsibility...more

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

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

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