FTC Notice of Penalty Offense – What it is, what it isn’t, and what to do next

Dee Bansal, Vince Sampson, Jay Vaughan, David Mills and Scott Dailard

The FTC announced that it had issued Notices of Penalty Offense to for-profit colleges and was cracking down on unfair and deceptive conduct in the education marketplace.

Signs of What’s to Come – Title IX Under the Microscope Again

Kate Lee Carey and Caitlyn Shelby

The Biden Administration releases guidance letter regarding recent Federal District Court case impact on enforcement of the regulations, and reminds constituents of the its commitment to ensure students are guaranteed an educational environment free from discrimination on the basis of sex, and its plan to strengthen enforcement through the publication of new rules and additional guidance.

HEERF Audit Guide for Proprietary Schools Released

Rebecca Flake and Kate Lee Carey

The Department of Education’s Office of Inspector General issued the Guide for Compliance Attestations Engagements for Proprietary Schools Expending Higher Education Emergency Relief Fund Grants on March 31.

90/10 Provisions of American Rescue Plan Act of 2021 Brings Major Change

Kate Lee Carey and Vince Sampson

President Joe Biden signed the American Rescue Plan Act of 2021 on March 11. The ARPA includes a major change in the 90/10 revenue test that provides for-profit institutions and their students access to the FSA programs.

Reminder: Upcoming CARES Act HEERF Reporting Deadlines

Rebecca Flake and Kate Lee Carey

There are two important Higher Education Emergency Relief Fund reporting deadlines in January and February.

Department of Education Webinar and Website Updates Provide Additional HEERF Guidance

Rebecca Flake and Kate Lee Carey

The Department of Education’s webinar provided some helpful additional context and explanation regarding the October 30 HEERF institutional reporting requirements.

US Department of Education Issues Long-Awaited Guidance on CARES Act HEERF Reporting

Kate Lee Carey, Caitlyn Shelby and Rebecca Flake

In this post, we recap previous guidance from the Department of Education, as well as the newest updates focused on the institutional portion of the Higher Education Emergency Relief Fund.

California Higher Education Bill AB70 Signed into Law by Governor Newsom (and Why it Matters)

Kate Lee Carey

Proposed changes to recognition of nonprofit and public institutions have been signed into law and will become effective January 1, 2022, just in time for the out-of-state registration process to become more complex.

California Legislature Passes Bill Impacting Nonprofit Higher Education Institutions

Kate Lee Carey

The California Legislature passes AB70, amending the CA Private Postsecondary Education Act as it relates to the authority of the BPPE to verify an institution’s nonprofit status.

ED Announces New System for Institutions to Report Foreign Ownership, Contracts and Gifts

Shannon Noonan, Paul Thompson and Nancy Anderson

On June 22, the United States Department of Education announced its new information collection system for postsecondary institutions that participate in the Title IV programs to comply with the foreign owner, contract and gift reporting obligations under the HEA.

ED Issues Interim Final Rule on Student Eligibility for HEERF Funding While Courts Grant Preliminary Injunctions

Nancy Anderson and Mike Goldstein

On June 17, the US Department of Education issued an interim final rule limiting student eligibility for CARES Act emergency grants.

Reminder: ED State Authorization Rule Takes Effect July 1

Nancy Anderson, Caitlyn Shelby and Paul Thompson

The US Department of Education’s final regulations require that schools hold authorization in every jurisdiction where such authorization is required and that schools make a number of consumer disclosures.