All posts by Cooley

Department of Education Extends Deadline for Gainful Employment Earnings Appeals

Jonathon Glass and Kate Lee Carey

The Department of Education issued a notice on August 18 that extends the deadline for all institutions to file alternate earnings appeals that challenge the debt-to-earnings rates issued for their GE programs in January 2017.

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

Blain Butner and Rebecca Flake

In the fourth post of our Audit Guide series, we focus on three significant process expansions: the size and composition of the required student sample, the student confirmations auditors are required to perform and how site visits are conducted.

Department Seeks Public Comment on Regulations to Repeal

Vince Sampson and Nancy Anderson

As part of the Administration’s regulatory reform directive, the Office of the Secretary of the Department of Education is seeking public comments on regulations and guidance that may be appropriate for repeal, replacement or modification. The Department of Education has extended the deadline. Comments will now be due Friday, September 20.

New ED Audit Guide Now Requires Extensive Gainful Employment Compliance Testing

Kate Lee Carey, Jonathon Glass and Joseph Mensah

Gainful Employment data reporting is the topic for the third post in our Audit Guide series. For the first time ED is requiring that independent audit firms conduct extensive testing relating to Gainful Employment data reporting and mandated disclosures as part of their annual Title IV compliance audits.

The Post-9/11 GI Bill Is One Step Closer to a Major Overhaul

Lisa Bureau, Matt Johnson and Joseph Mensah

The President has signed the Harry W. Colmery Veterans Educational Assistance Act of 2017 – the “Forever GI Bill” into law – which amends the Post-9/11 Veterans Educational Assistance Act of 2008 and enhance education benefits provided to eligible military veterans.

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

Greg Ferenbach and Blain Butner

The second post of our Audit Guide series focuses on the incentive compensation rule. The new Audit Guide requirements significantly expand the review required by auditors to assure compliance with the incentive compensation rule.

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

Blain Butner and Rebecca Flake

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 years ending June 30, 2017 or later for for-profit higher education institutions and for third-party servicers that administer any aspect of the Title IV programs on behalf of any postsecondary institutions.

Department Holds Hearings and Comment Period on Neg Reg Agenda

Vince Sampson and Nancy Anderson

The Department of Education holds hearing to hear comments regarding the agenda for the upcoming negotiated rulemaking.

Last Minute Reprieve in GE Rule

Kate Lee Carey and Jonathon Glass

Faced with court decision, continuing data problems and new negotiated rulemaking, the Department of Education issues last minute reprieve on Gainful Employment appeals and certain disclosure requirements.

Cooley Team at NACUA

Greg Ferenbach and Paul Thompson

The 2017 NACUA Annual Conference is June 25-28 in Chicago, Illinois. 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

Blain Butner, Marjorie Arrington, Rebecca Flake, Pat Dickerson, Kate Lee Carey, Naomi Harralson May and Joseph Mensah

The 2017 NASFAA National Conference is June 26-29 in San Diego, California. 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.

Department of Education’s Announcement Leaves Unanswered Questions Regarding Coming Gainful Employment Rule Deadline

Jonathon Glass, Kate Lee Carey and Vince Sampson

The Department of Education announced it will engage in a new negotiated rulemaking to revise the Gainful Employment Rule, but questions remain.