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Universities Higher Education Act

Holland & Knight LLP

New Administrative Capability Requirements Announced for Colleges and Universities

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The Biden-Harris Administration on Oct. 24, 2023, issued final rules detailing important obligations for higher education institutions that receive federal funding. (Codified at 34 C.F.R. § 668 et seq.) The final regulations...more

Akin Gump Strauss Hauer & Feld LLP

Renewed Congressional Focus on Foreign Gifts and Contract Reporting Under Section 117

Congressional Republicans are increasingly focused on ensuring that U.S. colleges and universities are properly disclosing gifts and contracts from foreign sources under Section 117 of the Higher Education Act of 1965, 20...more

Alston & Bird

Department of Education Issues Guidance on the Revised 90/10 Rule

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Our Education Team studies how a change to the 90/10 Rule will affect how for-profit institutions will count federal funding in the 90/10 calculation. The Moran–Carper Amendment to the American Rescue Plan significantly...more

Hogan Lovells

Updated U.S. Department of Education guidance on Section 117 Foreign Gift and Contract requirements

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This advisory summarizes Section 117 requirements and enforcement, highlights key aspects of the updated guidance, and identifies considerations for higher education institutions given the U.S Department of Education’s...more

Holland & Knight LLP

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

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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

Steptoe & Johnson PLLC

Homeland Security Withdraws Proposed Rules Affecting International Students

The U.S. Department of Homeland Security announced the withdrawal of proposed new rules that would have limited the time that individuals entering the U.S., including international students, could remain in the country,...more

Sheppard Mullin Richter & Hampton LLP

Open Research, Foreign Finance, and a University’s Mission

This past month, the U.S. Senate debated a provision in the Innovation and Competition Act that would require the Committee on Foreign Investment in the United States (CFIUS) to review any proposed gifts and contracts of $1...more

Society of Corporate Compliance and Ethics...

[Virtual Event] 2021 Higher Education Compliance Conference - June 14th - 16th, 9:00 am - 5:00 pm CDT

Attend SCCE’s annual conference for those who manage compliance at higher education institutions. Learn best practices and strategies, ask questions of the speakers, and share ideas with other attendees. The 2021 virtual...more

Pillsbury Winthrop Shaw Pittman LLP

COVID-19 Stimulus Package Includes $170 Billion for Education

The American Rescue Plan Act of 2021 adds funding and new programs for institutions of higher education. Appropriates approximately $170 billion for education, including more than $122 billion for elementary and secondary...more

Steptoe & Johnson PLLC

Compliance Audits - How to Prevent Major Title IX Issues

Institutions of Higher Education need to consider new approaches to Title IX compliance. We recommend proactive, periodic, non-incident related, and targeted operational compliance audits to get in front of Title IX issues...more

Steptoe & Johnson PLLC

COVID-19 Civil Immunity Protections for Institutions of Higher Education

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COVID-19 litigation has begun across the nation, prompting concerns about liability exposure for colleges and universities. Although the federal SAFE TO WORK Act, which was introduced in the Senate on July 27, 2020, would...more

Brownstein Hyatt Farber Schreck

Summary of Higher Education Provisions in the Consolidated Appropriations Act of 2021

On Dec. 21, congressional leaders finally reached a deal and passed a $900 billion COVID-19 relief bill, along with $1.4 trillion in appropriations legislation to fund the government through the end of fiscal year 2021. The...more

Saul Ewing LLP

Education Department Issues Final Rule Focusing on Free Speech on Campus and Equal Treatment of Faith-Based Institutions

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On September 9, 2020, after receiving more than 17,000 public comments to its notice of proposed rulemaking (the “NPRM”), the United States Department of Education (the “Department”) published the Religious Liberty and Free...more

Faegre Drinker Biddle & Reath LLP

Education Department Unveils New Portal for Foreign Contract and Gift Reporting

As described in previous alerts dated June 18, 2019 and January 17, 2020, the U.S. Department of Education (ED) has been increasing its scrutiny of higher education institutions’ contracts with, and gifts from, foreign...more

Husch Blackwell LLP

New U.S. Department Of Education Section 117 Foreign Source Reporting Investigation & Information-UPDATED June, 2020 #1

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Update on June 22, 2020: On June 22, ED unveiled its new online portal for college and university reports of foreign gifts and contracts. Original post on May 5, 2020: Mid-pandemic, the U.S. Department of Education...more

Sheppard Mullin Richter & Hampton LLP

(Cheer)Leading By Example: UK’s Cheerleading Scandal and Lessons for Leaders

The University of Kentucky (“UK”) announced that it had fired all the coaches of its powerhouse cheerleading team on May 18, 2020 after a three-month internal investigations into allegations of hazing, public nudity, lewd...more

White and Williams LLP

University Students Seek Refund of Tuition Fees and Other Costs

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In the midst of the COVID-19 pandemic and remote instruction, students have recently filed lawsuits against their universities alleging contract and unjust enrichment claims. The students seek refunds of certain tuition fees...more

Ballard Spahr LLP

DOE Signals Renewed Commitment to Enforcement of Foreign Gift Reporting Requirements

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The U.S. Department of Education (DOE) recently announced that it is launching an investigation into the foreign gifts reporting practices of two higher education institutions. ...more

Jaburg Wilk

How to Navigate an Academic Misconduct Allegation

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Being accused of academic misconduct is frightening and can potentially derail higher education schooling, leave a student with debt, and no college degree. There are steps that students may take that can improve their...more

Bricker Graydon LLP

Disclosing foreign gifts and contracts: An expanding area of compliance for higher education institutions

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The Higher Education Act was passed by Congress in 1986. Since then, higher education institutions have been required by Section 117 of the act to biannually report to the U.S. Department of Education (ED) gifts from or...more

Bass, Berry & Sims PLC

5 Steps for Colleges & Universities to Consider before Title IX Regulations are Released

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It has been well over a year since the Department of Education issued its proposed regulations under Title IX of the Higher Education Act for notice and comment and we are quickly coming up on the first anniversary of the...more

Faegre Drinker Biddle & Reath LLP

Foreign Contract and Gift Reporting Deadline Approaches for Higher Education Institutions, As Does a Revised Reporting Process

As discussed in a previous alert dated June 18, 2019, the U.S. Department of Education (the “Department”) over the last year increased its scrutiny of postsecondary institutions’ contracts with, and gifts from, foreign...more

Sheppard Mullin Richter & Hampton LLP

One Higher Ed Requirement To Know Now

The U.S. Department of Education is just now starting to pay attention to a reporting requirement in the Higher Education Act (HEA) that harkens back to the 1980s. Penalties for failure to properly report can be stark,...more

Sheppard Mullin Richter & Hampton LLP

The U.S. Government Investigates U.S. Universities Participating in the “Confucius Institutes” Program

In July, the U.S. Department of Education Notices of Investigation to four U.S. universities seeking information on the “Confucius Institutes” operating on their campuses. The investigations center on provisions of the Higher...more

Holland & Knight LLP

Foreign Gifts to U.S. Educational Institutions Under Increased Scrutiny

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• U.S. institutions of higher education are required to report foreign gifts and contracts under Section 117 of the Higher Education Act. • The U.S. Department of Education has launched investigations into at least four...more

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