News & Analysis as of

Educational Institutions Incentive Compensation

Hogan Lovells

THIS WEEK: ED hosts listening sessions on bundled services exception to incentive compensation rule

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On March 8 and 9, the U.S. Department of Education (ED) will host virtual listening sessions to receive public comment on the incentive compensation rule. ED will accept written comments through March 16, per the Federal...more

Cooley LLP

ED Revisits Third-Party Servicer and Incentive Compensation Guidance

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The Department of Education announced two initiatives that expand oversight of third-party providers to institutions of higher education that participate in federal financial aid programs. On February 15, ED announced...more

Hogan Lovells

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

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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

Robinson+Cole Health Law Diagnosis

Ninth Circuit Issues Long-Awaited Interpretation of Escobar Two-Part Test

In late August, the U.S. Court of Appeals for the Ninth Circuit issued a long-awaited decision in U.S. ex rel. Rose v. Stephens Institute that interprets key aspects of the implied false certification theory of False Claims...more

Cooley LLP

Blog: ED’s New Audit Guide Mandates Greater Scrutiny of Compensation Practices under the “Incentive Compensation” Rule

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As discussed in last week’s post, Title IV compliance audits for entities’ fiscal years ending June 30, 2017 and later must be completed using the revised Audit Guide recently issued by the US Department of Education’s Office...more

Hogan Lovells

Regional Accrediting Agency Proposes Ban on Paying Recruiters of International Students

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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

Cooley LLP

Alert: ED Issues New Incentive Compensation Guidance

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At the end of November, the US Department of Education ("ED") issued important new guidance regarding its incentive compensation regulations, which ED says "clarifies and provides additional information" about part of the...more

Carlton Fields

No Cash Compensation for Class of Amateur Student Athletes

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In a class action brought under the Sherman Antitrust Act, the Ninth Circuit Court of Appeals held that the NCAA eligibility regulations are subject to antitrust scrutiny. Applying the so-called Rule of Reason, the court held...more

Saul Ewing Arnstein & Lehr LLP

For-Profit Educator Settles FCA Allegations of Issuing Fake Diplomas to Tap Federal Funds

For-profit education company Education Affiliates (EA) paid $13 million to the federal government in June to settle multiple False Claims Act (FCA) suits involving alleged fake test scores, bogus diplomas, and falsified...more

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