News & Analysis as of

Department of Education

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

Department of Education Issues Guidance on Endrew F.

by Franczek Radelet P.C. on

The U.S. Department of Education recently issued a Q&A document providing guidance on the issues the U.S. Supreme Court addressed in its decision in Endrew F. v. Douglas County School District Re-1. The document explains the...more

Federal Agencies Respond to Concerns About Student Privacy

by McGuireWoods LLP on

The Federal Trade Commission (FTC) and U.S. Department of Education (ED) increasingly are responding to concerns about educational technology and its ability to capture and manipulate massive quantities of private student and...more

Office of Special Education and Rehabilitative Services Issues Q&A Guidance on FAPE Standard Under Endrew F.

by Hodgson Russ LLP on

As we previously reported, the United States Supreme Court’s recent decision in Endrew F. v. Douglas County School District RE-1 addressed the standards by which schools must provide students with disabilities a free...more

U.S. Department of Education Assesses Implications of High Court’s Decision

by Barley Snyder on

The U.S. Department of Education has issued a Questions and Answers on the U.S. Supreme Court’s March decision in Endrew F. v. Douglas County School District....more

Cybersecurity lapses could cost Title IV eligibility for higher ed

by Thompson Coburn LLP on

Data security breaches are an unfortunate reality for almost all businesses in today’s information-driven marketplace. From Target, to Home Depot, to Equifax, data breaches are increasingly common and potentially devastating...more

Blog: The State Authorization Rule Still Lives – Be Ready

by Cooley LLP on

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

Blog: Reauthorizing the Higher Education Act: After 60 Years, Looking at What Still Works – Or Not

by Cooley LLP on

The Higher Education Act (HEA), the foundation law for the financing of American higher education, was enacted in 1965, when telephones still had dials and computers filled large rooms. It last was reauthorized in 2008, when...more

[Webinar] Borrower Defense Rule: Negotiated Rulemaking Session 1 - December 13th, 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. During this process, which will...more

Increased Focus For School Website Accessibility

by Roetzel & Andress on

Recently, website accessibility has become a hot topic for schools across the country. Over the last year, the United States Department of Education, Office of Civil Rights (OCR), has escalated the legal expectation that...more

ED rebuffs Congressional plea to reinstate terminated CFPB MOUs

by Ballard Spahr LLP on

The Department of Education (ED) has apparently declined a request by 39 members of Congress to reinstate the Memoranda of Understanding (MOUs) between ED and the CFPB. ...more

Pursue Innovation or Maintain Eligibility? A Unique Faculty Model Could Cost an Institution $713 Million and its Future...

by Hogan Lovells on

Instructor. Regular. Substantive. Those three words, as defined by the U.S. Department of Education (“ED”) Office of Inspector General (“OIG”), resulted in OIG’s recent recommendation that Western Governors University (“WGU”)...more

Window on Washington - Vol. 1, Issue 34

by Clark Hill PLC on

Short-term Continuing Resolution Likely Needed to Fund Government Past December Deadline: Republicans are focused on tax reform through Thanksgiving, and when lawmakers return from the upcoming holiday recess, they will have...more

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Cybersecurity

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