News & Analysis as of

Department of Education

FY 2019 Administration Budget Request

by Holland & Knight LLP on

President Donald Trump on February 12, 2018, submitted his budget request to Congress for Fiscal Year (FY) 2019. The President's full budget calls for approximately $4.4 trillion in total spending. Much of the budget seeks...more

Education Department Toughens Tone on Cyber and Threatens to Pull Funding for Non-Compliance

Recently-issued guidance from the U.S. Department of Education (ED) threatens to “yank” Title IV funding for post-secondary institutions lacking appropriate data security safeguards....more

Does Providing A Parent With The Surveillance Video Of A School Incident And/Or Student Statements About The Incident That...

The United States Department of Education’s Office of the Chief Privacy Officer recently issued a guidance letter to a school district indicating that while surveillance video of a hazing incident that involved numerous...more

U.S. Department of Education Issues Guidance on Providing FAPE After Supreme Court Decision in Endrew

by Hogan Lovells on

In Endrew, the U.S. Supreme Court ruled in favor of a higher standard of education for children with disabilities, which then raised many fundamental questions about special education across the nation. What is required for a...more

[Webinar] Borrower Defense Rule: Negotiated Rulemaking Session 3 - February 21st, 12:00pm CT

by Thompson Coburn LLP on

On November 13, 2017, the U.S Department of Education began the process of overhauling a complex and controversial Obama-era regulation commonly referred to as the “borrower defense” rule. Thompson Coburn Partner Aaron...more

Department Of Education Releases Guidance On IDEA, FAPE, And Endrew F.

by Husch Blackwell LLP on

On December 7, 2017, the U.S. Department of Education (ED) released a question-and-answer document on the Supreme Court’s 2017 opinion in Endrew F. v. Douglas County School District, 580 U.S., 137 S.Ct. 988 (2017) (“Endrew”)....more

Gold Dome Report - February 2018 #2

The General Assembly returned to work today with a fresh spirit of cooperation. After delaying action Thursday on the compromise version of HB 159, the much-debated adoption bill, the Senate voted 53-2 to approve the...more

Implementation of Endrew F. Case: What Should Teams Be Thinking About?

by Barley Snyder on

In one of the most significant special education decisions issued since the reauthorization of the Individuals with Disabilities Education Act (IDEA) in 2004, the U.S. Supreme Court unanimously held that the IDEA requires a...more

Blog: Another New Gainful Employment Disclosure Template, With Some Unexpected Changes

by Cooley LLP on

The Department of Education announces changes to the Gainful Employment Disclosure Template. Disclosure Template Deadline and Updates - In its Electronic Announcement, ED set April 6, 2018 as the new deadline for...more

News from Second & State

Weekly Wrap - Both the House of Representatives and Senate were in Harrisburg this week for session for the first time in 2018. The new year kicked off on Monday with a joint public hearing of the House and Senate Local...more

Gainful employment: Alternate earnings appeals due February 1

by Thompson Coburn LLP on

Higher education institutions that dispute their debt-to-earnings rates as calculated by the U.S. Department of Education must submit any alternate earnings appeals no later than Thursday, February 1, 2018. In its Gainful...more

U.S. Department of Education Publishes List of Schools Under Civil Rights Investigation

by Hogan Lovells on

Last week, the U.S. Department of Education (“ED”) published on its website a list of “pending cases currently under investigation” by its Office for Civil Rights (“OCR”). Previously, OCR had released a list of higher...more

Dept. of Education proposes disclosure of pre-dispute arbitration agreements by schools receiving Title IV aid for student...

by Ballard Spahr LLP on

The Department of Education, in an issue paper submitted as part of negotiated rulemaking on its final “borrower defense” rule, is proposing to require schools that use pre-dispute arbitration agreements and class action...more

Department of Education Announces Award of Student Loan Collections Contracts: the Latest Chapter in a Long-Running Saga

by Hinshaw & Culbertson LLP on

The Headlines - After much anticipation, on January 11, 2018, the Department of Education filed its Notice of Completion of Corrective Action. The filing announced its hotly contested award of unrestricted contracts for...more

Department of Justice: Massachusetts’s Claims Against PHEAA Preempted By Federal Law

by Ballard Spahr LLP on

On Monday, January 8, 2018, the United States Department of Justice weighed in with a Statement of Interest under 28 U.S.C. § 517 in a pending state-court action (No. 1784CV02682) brought by the Commonwealth of Massachusetts...more

[Webinar] Borrower Defense Rule: Negotiated Rulemaking Session 2 - January 24th, 12:00pm CT

by Thompson Coburn LLP on

On November 13, 2017, the U.S Department of Education began the process of overhauling a complex and controversial Obama-era regulation commonly referred to as the “borrower defense” rule. Thompson Coburn Partner Aaron...more

ML Strategies 2018 Outlook: Education

While education issues are expected to be major priorities in Congress throughout 2018, Congressional leadership left town last year still unable to come to an agreement on the funding of Cost Sharing Reductions (CSRs) and...more

A New Year and New Final Standards For Expulsions and Alternative Education

The Connecticut State Department of Education this morning adopted new standards for expulsions and alternative education. As we discussed back in September, pursuant to Public Act 17-220 the State Department of Education was...more

Claw Back of Parent PLUS Loan Proceeds to Pay College Tuition Hits a Roadblock

by Shipman & Goodwin LLP on

Over the last few years, Chapter 7 trustees of the bankruptcy estates of parents that paid college tuition for their children in the years before their bankruptcy filings have actively pursued the recovery of those tuition...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections- Democrat Evangelos Argyrakis Launches Bid for Nebraska Attorney General- Democrat Evangelos Argyrakis has filed as a candidate for Nebraska AG in 2018. Argyrakis is a former immigration...more

The United States Department of Education Issues Guidance on the Meaning of FAPE

On December 7, 2017, the United States Department of Education’s Office of Special Education and Rehabilitative Services [“OSERS”] issued guidance for schools on determining whether a special education program is designed to...more

News from Second & State

Weekly Wrap - The Pennsylvania General Assembly wrapped up its business for the 2017 calendar year this week, marking the half-way point through the 2017-2018 legislative session. It was an expectedly busy week, as members...more

Federal Circuit Partially Lifts Ban on Education Department’s Default Collection Efforts; Court of Federal Claims Orders...

by Ballard Spahr LLP on

The U.S. Court of Appeals for the Federal Circuit has partially lifted a preliminary injunction that prevented the U.S. Department of Education (Department) from placing defaulted student loans with private collection...more

Title IX: Fair Campus, Foul Weather

With Education Secretary Betsey Devos much in the news over possible changes to the Dear Colleague letter promulgated by the DOE’s Office of Civil Rights, this note by me and my Lightfoot colleagues Brandon Essig and Clint...more

Blog: Another Disclosure Requirement for California Higher Education Institutions Signals an Accelerating State Role in Student...

by Cooley LLP on

All higher education institutions in California, with the sole exception of the California Community College system, will – beginning with the 2018-19 academic year – have to provide their students an annual summary of their...more

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