News & Analysis as of

Department of Education

OCR To Offer Webinars On Website Accessibility

by Husch Blackwell LLP on

The U.S. Department of Education’s Office for Civil Rights (OCR) announced today it is launching a new technical assistance initiative to assist schools, school districts, state education agencies and libraries in making...more

Third time's the charm? ED delays distance education rule

by Hogan Lovells on

On May 9, 2018, the Office of Management and Budget issued the Spring 2018 Agency Rule List, which indicates that the U.S. Department of Education (ED) has proposed a two-year delay of the distance education rule that was set...more

Blog: A Busy Week for the Gainful Employment Rule

by Cooley LLP on

Events of the last week have reflected the Department of Education’s give-a-little, take-a-little approach to the Gainful Employment Rule. The department continues to take steps to implement certain aspects of the current GE...more

Consumer financial services at a crossroads: Student loans

by White & Case LLP on

Supervision - The CFPB has historically focused on both federal and private student loans, with an increasing focus on loan servicing practices....more

California Court Finds College Not Liable for Third Party Harassment Not Related to College's Programs or Activities

In Karasek v. Regents of the University of California, No. 3:15-cv-03717-WHO (N. D. Cal. April 12, 2018), the court granted summary judgment to the University of California (UC) on the plaintiff’s Title IX claims. The...more

SDE Issues New Guidelines for IEEs and In-School Observations

by Shipman & Goodwin LLP on

On March 27, 2018, the Connecticut State Department of Education (SDE) issued the long-awaited and much-anticipated Guidelines Regarding Independent Educational Evaluations at Public Expense and In-School Observations. These...more

Changes to Office for Civil Rights' New Case Processing Manual: What You Need to Know

by Barley Snyder on

In March the U.S. Department of Education’s Office for Civil Rights (OCR) issued its updated case processing manual to clear a backlog of complaints filed under civil rights laws....more

Getting Ready for ED’s New State Authorization Rule

by Thompson Coburn LLP on

As institutions with online programming are well aware, the U.S. Department of Education’s new “state authorization” rule is set to become effective this coming July 1, 2018. Among other things, the rule will require...more

Dept. of Education restores recognition status of college accrediting organization

by Ballard Spahr LLP on

Following a remand from the D.C. federal district court, Department of Education (ED) Secretary Betsy DeVos has issued an order restoring the Accrediting Council for Independent Colleges and Schools’ (ACICS) status as a...more

Blog: ACICS Recognition Reinstated

by Cooley LLP on

Secretary Betsy DeVos announced earlier today that the US Department of Education has retroactively reinstated the federal recognition of the Accrediting Council for Independent Colleges and Schools as of December 12, 2016,...more

Know Your Terms of Use: Steps to Take When Contracting With Third Party Online Education Tools

by Pessin Katz Law, P.A. on

Technology has become an integral part of public education as we know it. With advancements in technology steadily progressing throughout society, the use of electronic resources continues to extend further into classrooms...more

Congress Passes, President Signs FY2018 Omnibus Spending Package

by Holland & Knight LLP on

Congress passed a $1.3 trillion spending bill early on March 23, 2018, narrowly averting a government shutdown. Following a 256-167 vote in the House and a 65-32 vote in the Senate, the FY 2018 (FY18) omnibus spending package...more

Blog: Is a Kinder, Gentler Gainful Employment Reg in the Works While ED Announces Steps to Publish New Rates?

by Cooley LLP on

Keeping up with the Gainful Employment Rule has been a full time job in recent months. Between new Department of Education actions to prepare a second set of GE rates, negotiated rulemaking to write a new rule, a lawsuit...more

Sexts, Lies, And -- Crickets? The Week's Worst Employees

Sheesh. I know I'm always preaching to employers about how not to be jerks and how to treat employees legally and fairly. But not everything is the employer's fault. How would you like to have these people working for you?...more

Connecticut Bankruptcy Court Rejects Claw Back of Parent Plus Loan Proceeds

by Shipman & Goodwin LLP on

Back in December 2017, we wrote about Chapter 7 bankruptcy trustees’ attempts to claw back the distribution of Parent Plus loan proceeds to college and universities when the parent that obtained the loan for their child’s...more

Education Dept. says state student loan servicing laws are preempted

by Ballard Spahr LLP on

In response to the wave of new state student loan servicing laws and enforcement activity, the U.S. Department of Education has published an interpretation emphasizing that the Higher Education Act (HEA) preempts state...more

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

by Hogan Lovells on

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

Brand’s Memo and Dan’s Desk

Last month, then-Associate Attorney General Rachel Brand issued a memorandum to Department of Justice civil lawyers concerning the circumstances under which they may and may not use federal agencies’ “guidance documents” in...more

The State AG Report Weekly Update

by Cozen O'Connor on

2018 AG Elections- Democrat Paul Doyle and Republican Susan Hatfield Declare Candidacies for Connecticut Attorney General- Democratic Connecticut state Senator Paul Doyle and Republican Susan Hatfield, a state...more

Blog: Purdue Unbound: The Road Ahead for Conversions and Shared Services Transactions

by Cooley LLP on

Almost a year ago, we wrote what turned out to be 2017’s most read CooleyEd blog post: “Assessing Kaplan-Purdue.” We highlighted the ways in which that deal was more evolutionary than revolutionary, and we forecast its...more

Distance education rule appears on schedule for July 1 effective date

by Hogan Lovells on

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

NY bars use of mandatory arbitration agreements by career training schools

by Ballard Spahr LLP on

The New York Education Department (NYED) has issued a ruling which states that the Bureau of Proprietary School Supervision (BPSS) will not permit an enrollment agreement, including an arbitration clause, to infringe on the...more

EDUCAUSE Challenges the US DOE’s Guidance on Data Breach Reporting

On January 30, 2018, EDUCAUSE, a higher education technology association, submitted a letter to the U.S. Department of Education describing concerns that it had with the Federal Student Aid (“FSA”) ability to protect federal...more

Education Dept. seeks comment on factors used to evaluate student loan discharge claims in bankruptcy cases

by Ballard Spahr LLP on

The Department of Education has published a request for information in yesterdays Federal Register seeking comment on the factors used to evaluate claims of undue hardship made by student loan borrowers attempting to...more

Special Education “Clean Up” From ED: Trump Administration Rescinds 72 Special Education Guidance Documents

by Husch Blackwell LLP on

On October 20, 2017, the Office of Special Education and Rehabilitation Services (OSERS) within the U.S. Department of Education rescinded 72 education policy guidance documents. Sixty-three of the documents are from the...more

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