News & Analysis as of

Department of Education Third-Party Service Provider

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 10, December 2023

In this final edition of the year, we cover the following issues of import for educational institutions: - CFPB scrutiny of college-sponsored financial products; - Changes ahead for Title IV program participants and...more

Bond Schoeneck & King PLLC

U.S. Department of Education Issues Dear Colleague Letter on May 16, 2023 to Update Earlier Guidance on Third-Party Servicers

On Feb. 15, 2023, the U.S. Department of Education (Department) surprised the higher education community with a Dear Colleague Letter (DCL GEN-23-03) that sets forth new guidance on third-party servicers with whom...more

Faegre Drinker Biddle & Reath LLP

U.S. Department of Education Indefinitely Delays Expanded Third-Party Servicer Requirements

On April 11, 2023, the U.S. Department of Education (ED) indefinitely delayed the effective date of guidance regarding the scope of third-party servicer (TPS) requirements that it first published on February 15 and then...more

Cooley LLP

Third-Party Servicer Guidance on Hold

Cooley LLP on

On April 11, 2023, the US Department of Education (ED) announced that it will modify and further delay the implementation of its controversial guidance on third-party servicer (TPS) issues. This latest update comes in...more

Maynard Nexsen

U.S. Department of Education Delays Implementation of New Third-Party Servicer Guidance

Maynard Nexsen on

The U.S. Department of Education (“Department”) last week announced an indefinite delay in the implementation of its new third-party servicer guidance originally issued on February 15, 2023, and last amended on February 28,...more

Husch Blackwell LLP

Update: U.S. Department of Education Third-Party Servicer Guidance - 4/14/2023

Husch Blackwell LLP on

UPDATE: On April 11, the Department of Education (Department) published a blog post updating the latest Third-Party Services (TPS) Dear Colleague Letter (DCL) which was published on February 15, 2023 (updated February 28,...more

Faegre Drinker Biddle & Reath LLP

U.S. Department of Education Substantially Expands Regulatory Oversight of Service Providers and Academic Partners to Higher...

On February 16, 2023, the U.S. Department of Education (ED) announced a substantially expanded interpretation of the activities which render an entity providing services to a higher education institution a Third-Party...more

Cooley LLP

ED Updates Timeline for Third Party Servicer Guidance

Cooley LLP on

The Department of Education has extended the timeline for implementation of its February 15 Dear Colleague Letter, which substantially expanded the “third-party servicer” definition under the Title IV regulations....more

Husch Blackwell LLP

Update: U.S. Department of Education Third-Party Servicer Guidance

Husch Blackwell LLP on

UPDATE: On February 28, 2023, the Department updated the Dear Colleague Letter issued February 15, 2023 to establish a future effective date for the guidance, extend the public comment period, and extend the reporting...more

Holland & Knight LLP

U.S. Department of Education Issues New Guidance on Third-Party Servicers

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The U.S. Department of Education (Department) published its newest "Dear Colleague Letter" (DCL ID: GEN-23-03) on Feb. 15, 2023, making sweeping changes to the regulation of agreements between institutions of higher education...more

Saul Ewing LLP

ED Expands Oversight of Higher Education Service Providers

Saul Ewing LLP on

On February 15, 2023 (updated February 16, 2023), the United States Department of Education (“ED,” or the “Department”) released a Dear Colleague Letter[1](the “DCL”) regarding the “Requirements and Responsibilities for...more

Husch Blackwell LLP

Department of Education Expands Interpretation of "Third-Party Servicer" Definition (and Announces Incentive Compensation Review)

Husch Blackwell LLP on

Wednesday’s U.S. Department of Education Dear Colleague Letter announces an expanded Department interpretation of the definition of Third-Party Servicer to include a new array of vendors providing student recruiting and...more

Holland & Knight LLP

U.S. Department of Education Cautions Colleges and Universities on Program Arrangements

Holland & Knight LLP on

To increase enrollments and lower operating costs, many colleges and universities oftentimes partner with outside companies to provide portions of their academic programs online or on-campus. Serious legal risks may arise...more

Ballard Spahr LLP

Student Loan Advocacy Group Pushes Department of Education to Increase Oversight of For-Profit Colleges and Contractors

Ballard Spahr LLP on

The Student Borrower Protection Center (SBPC)—an organization established by former CFPB Student Loan Ombudsman Seth Frotman—recently published an article examining the Department of Education’s oversight of “lead...more

Hogan Lovells

U.S. Department of Education guidance: Under FERPA, students cannot be required to waive rights as condition of participation

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In November 2017, the U.S. Department of Education (ED) issued a letter clarifying student and parental rights under the Family Educational Rights and Privacy Act (FERPA) when a school uses online third-party service...more

Bryan Cave Leighton Paisner

New Regs Will Change How Colleges Offer Bank Accounts to Students

On October 30, 2015, the Department of Education issued regulations to impose requirements on the marketing and terms of deposit and prepaid accounts offered to students at educational institutions that participate in Federal...more

Cooley LLP

Blog: US Department of Education’s New Data Privacy Guidance: Why It Matters

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In January 2015, the US Department of Education has issued an advisory to all elementary and secondary schools on data privacy and security issues to be considered in negotiating agreements with online service providers or...more

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