News & Analysis as of

Title IV

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

Supreme Court Considering Whether to Limit the “Business of Rigging Elections”

by Womble Bond Dickinson on

On January 27, 1998, the Winston-Salem Journal featured an article discussing the lack of competitive Congressional races in North Carolina. John Hoeffel, Six Incumbents Are a Week Away From Easy Election, Winston-Salem...more

U.S. Department of Education Announces Further Delays to Borrower Defense to Repayment Regulations

by Hogan Lovells on

On October 24, the U.S. Department of Education (“ED”) published an interim final rule to delay until July 1, 2018 the effective date of selected provisions of what have become known as the borrower defense to repayment...more

FBI Charges Based on Bribes Could Forecast a New Enforcement Priority for Universities

On September 26, the United States Attorney for the Southern District of New York announced criminal charges against ten individuals relating to a complicated system of bribe payments to the families of basketball recruits...more

Blog: ED’s New Audit Guide – 90/10 Compliance

by Cooley LLP on

As with many other areas of financial aid management discussed in our prior posts, the audit requirements relating to compliance with the “90/10 Rule” have increased significantly in ED’s new Audit Guide. These new...more

Blog: New ED Audit Guide Updates Requirements Concerning Third-Party Servicers

by Cooley LLP on

As discussed in our previous posts, the Department of Education’s new Audit Guide establishes new audit requirements applicable to for-profit schools and to compliance audits of third-party servicers that administer “any...more

Blog: ED’s New Audit Guide Mandates More Detailed Assessment of Institutional Compliance with Clery Act Campus Crime and Security...

by Cooley LLP on

The Clery Act is the focus of the fifth post in our Audit Guide series. The new Audit Guide significantly expands the scope and detail of information that auditors are now required to review to evaluate a school’s compliance...more

Blog: Increased Student Samples, Student Confirmations and Site Visits Mean Expanded Audits Under ED’s New Audit Guide

by Cooley LLP on

As described in our previous posts about ED’s new Audit Guide for annual Title IV compliance audits, the new auditing requirements include expanded testing in many compliance areas, such as gainful employment, incentive...more

Blog: New ED Audit Guide Now Requires Extensive Gainful Employment Compliance Testing

by Cooley LLP on

As noted in our previous blog post on ED’s new Audit Guide, for the first time ED is requiring that independent audit firms conduct extensive testing relating to Gainful Employment (GE) data reporting and mandated disclosures...more

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

by Cooley LLP on

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

Blog: New ED Audit Guide Means Compliance Audits Will Be More Expansive, More Expensive

by Cooley LLP on

The new Audit Guide for Title IV compliance audits includes numerous, expanded requirements for accounting firms to use in conducting required annual audits. The Audit Guide applies to Title IV compliance audits for fiscal...more

Lawsuit filed challenging Dept. of Education “borrower defense” final rule banning arbitration

by Ballard Spahr LLP on

The California Association of Private Postsecondary Schools (CAPPS) has filed a complaint in D.C. federal district court against the Dept. of Education and Education Secretary Betsy DeVos to overturn the “borrower defense”...more

Regional Accrediting Agency Proposes Ban on Paying Recruiters of International Students

by Hogan Lovells on

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

Regional Accreditor Poised to Ban Incentive Compensation to Recruiters of International Students

The Middle States Commission on Higher Education has proposed the adoption of a policy that would prohibit Middle States-accredited colleges and universities from providing “incentive payment” (e.g., tuition sharing or per...more

See You In Court! - April 2017

by Shipman & Goodwin LLP on

The Nutmeg Board of Education was frustrated and dismayed this budget season by the need to cut programs and reduce costs. However, given various warnings from Seymour Dollars, the irascible Chairperson of the Nutmeg Board of...more

OIG: U.S. Department of Education Must Do More to Police the Financial Condition of Colleges and Universities

by Hogan Lovells on

Last week, The Chronicle of Higher Education reported that it had analyzed data released by the U.S. Department of Education (“ED”) and concluded that 177 private colleges and universities failed ED’s financial responsibility...more

Court declines to enjoin Dept. of Education termination of recognition status of college accrediting organization challenging CFPB...

by Ballard Spahr LLP on

In December 2016, the Secretary of Education issued a decision adopting the decision of the Department of Education’s Senior Department Official terminating and withdrawing the Department’s recognition of the Accrediting...more

"Trump Expected to Alter Labor Laws, Policies"

Editor’s note: This article was updated on February 1, 2017, to reflect new developments. While President Donald Trump has not discussed in detail how he plans to address labor and employment issues, he likely will...more

[Webinar] New Audit Guidelines for Higher Educational Institutions - February 1st, 11:00am CT

by Thompson Coburn LLP on

On Wednesday, February 1, Mike Wherry, a CPA with 25 years of experience in the public sector to postsecondary schools will join Aaron Lacey in presenting a webinar focusing on the four main changes that were issued in the...more

Second Circuit Adopts Narrow Interpretation of Trust Indenture Act Provision Intended to Protect Bondholders

On January 17, the US Court of Appeals for the Second Circuit rendered a much anticipated decision in Marblegate Asset Management, LLC v. Education Management Corp., No. 15-2124-cv(L), 15-2141-cv(CON), reversing the Southern...more

Out-of-Court Restructuring Transactions: What’s Old Is New Again after Marblegate

by Latham & Watkins LLP on

Second Circuit’s reversal of controversial restructuring decision may boost confidence among distressed bond issuers. The recent decision of the United States Court of Appeals for the Second Circuit in Marblegate has...more

U.S. Department of Education Issues Final Regulations Regarding Teacher Preparation Programs

by Hogan Lovells on

On October 31, 2016, the U.S. Department of Education (ED) published final regulations regarding teacher preparation programs, implementing the accountability provisions of Title II of the Higher Education Act (HEA) and...more

Seventh Circuit Applies Escobar Standard to Once Again Reject False Claims Act Liability Based on Implied False Certification...

by Ropes & Gray LLP on

On October 24, 2016, the Seventh Circuit applied the standard announced by the Supreme Court in United Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016), for False Claims Act (“FCA”) liability...more

Universities Are Prime Targets for False Claims Act Liability

by McCarter & English, LLP on

Colleges and universities receive billions of dollars in federal funds, whether through research grants or student financial aid, or even by billing Medicare or Medicaid for services rendered at academic medical centers. As a...more

Seventh Circuit Revisits Sanford-Brown, Rejects Implied Certification Claim

by Bass, Berry & Sims PLC on

In one of the few cases to apply the Supreme Court’s recent decision in Universal Health Services v. Escobar, the Seventh Circuit recently revisited and affirmed its prior rejection of an implied certification claim under the...more

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