Just in Time for Halloween: The Return of the Borrower Defense Rule of 2016

Kate Lee Carey, Jonathon Glass, Mike Goldstein and Vince Sampson

The Borrower Defense to Repayment Rule is back, thanks to a September 17 federal court order that overturned Secretary DeVos’ action suspending implementation of the existing rule, followed by the October 16 final order denying CAPPS’ request for injunctive relief.

Golden State GDPR: What the Edtech Industry Should Know About CA’s New Privacy Rules

Matt Johnson

On June 27, 2018, the California Legislature passed the California Consumer Privacy Act of 2018. Governor Jerry Brown signed the bill into law on the same day, and the CCPA is set to become effective on January 1, 2020.

Borrower Defense to Repayment: The Saga Continues

Jonathon Glass and Kate Lee Carey

The Department of Education has published a new notice of proposed rulemaking for the BDTR law. Comments on the proposed new rule are due August 30.

Misconceptions About State Regulation of Non-Traditional Providers

Nancy Anderson, Mike Goldstein and Paul Thompson

Every state has laws governing entities offering education within its borders, but those laws – and how they are enforced – vary dramatically from state to state, as well as by the level and type of education offered and the nature of the offering entity. We’ve put together a list of key misconceptions that can create legal challenges for alternative education providers at the state level.

ED Begins Authorization for Foreign Locations of Domestic Institutions

Nancy Anderson, Paul Thompson and Mike Goldstein

On June 29, the Department of Education announced the portion of the proposed distance education rule relating to authorization of foreign locations of domestic institutions went into effect on July 1, 2018.

Cooley Team at NACUA 2018

Mike Goldstein

The 2018 NACUA Annual Conference is June 24-27 in Minneapolis, MN. The annual NACUA conference attracts hundreds of higher education attorneys each year to learn and discuss current issues and legal developments in the field of higher education law.

Cooley Team at NASFAA 2018

Marjorie Arrington, Pat Dickerson and Rebecca Flake

The 2018 NASFAA National Conference is June 24-27 in Austin, TX. The annual NASFAA conference brings together 2,500+ student aid professionals from across the nation. Members of the Cooley team will be presenting throughout the conference.

Cooley Team at NCSC 2018

Kate Lee Carey and Randy Sabett

The 2018 National Charter Schools Conference is June 17-20 in Austin, TX. The conference brings together more than 4,700 members of the charter school community for learning and networking opportunities.

Once Again, Implementation of the Distance Education Rule Is Delayed – This Time to 2020

Nancy Anderson, Paul Thompson and Mike Goldstein

The Department of Education announced today that it will delay the effective date of the state authorization for distance education rule from July 1, 2018, to July 1, 2020.

A Busy Week for the Gainful Employment Rule

Jonathon Glass, Kate Lee Carey and Alyssa Saunders

The Department of Education continues to take steps to implement certain aspects of the current GE Rule that may lead it to publish a second set of GE Rates, while also arguing in court that it has acted properly in delaying certain other requirements.

Cooley Team at ASU GSV Summit 2018

Erik Edwards, Jay Vaughan, Mike Goldstein, Ray LaSoya, Brian Burke, Kate Lee Carey and Matt Johnson

The 2018 ASU GSV Summit starts Monday, April 16 in San Diego, CA. The ASU GSV Summit is THE conference for edtech companies and investors. The Cooley team is ready to go and we hope to see you there!

ACICS Recognition Reinstated

Jay Vaughan and Naomi Harralson May

Secretary Betsy DeVos announced earlier today that the US Department of Education has retroactively reinstated the federal recognition of the Accrediting Council for Independent Colleges and Schools as of December 12, 2016, and the accreditor will remain in that status until she can reconsider its prior request for re-recognition.