All posts by Cooley

Judge Denies ACICS Motion for a Temporary Restraining Order

Jay Vaughan and Naomi Harralson May

In an afternoon hearing on December 20, 2016, U.S. District Court Judge Reggie B. Walton denied the motion of the Accrediting Council for Independent Colleges and Schools (ACICS) seeking a temporary restraining order (TRO) to stay the decision of the U.S. Department of Education (ED or the Department) terminating ACICS’s status as a federally recognized accrediting agency.

Final Distance Education Rule: ED Backs Away from State Reciprocity Agreements

Greg Ferenbach, Mike Goldstein, Paul Thompson and Jeannie Yockey-Fine

The Department of Education (ED or the Department) announced the publication of its final rule on state authorization for distance education programs on December 16, 2016.

ACICS Files Suit to Overturn Loss of Recognition

Jay Vaughan and Naomi Harralson May

On December 12, 2016, US Secretary of Education John King issued his final – and expected – decision denying the appeal filed by the Accrediting Council for Independent Colleges and Schools (ACICS) and terminated its status as a federally recognized accrediting agency.

Presidential Transitions: The Congressional Review Act

Vince Sampson

Lately, there have been many questions as to whether Congress might employ the Congressional Review Act (CRA) as a tool to roll back certain Obama Administration rules promulgated over the last few months, such as the Department of Education’s Borrower Defense to Repayment (BDTR) final rule.

Presidential Transitions: A Primer on Rulemakings

Vince Sampson

A smooth transition from the outgoing to incoming administration is a hallmark of democracy and something both parties strive to achieve. Among the myriad issues that must be addressed, one of the more important ones for both the incumbent Obama administration and that of President-Elect Donald J. Trump is how to deal with agency rulemakings.

All Institutions Face New Risks Under ED’s Final Borrower Defense Rule

Jonathon Glass, Mike Goldstein and Kate Lee Carey

BDTR is likely to be one of the final major regulatory initiatives under the Obama administration, and one that will be in pre-effective date status on January 20th when Donald Trump becomes President.

What Independent Colleges Need to Know About the Forthcoming BDTR Rules

Kate Lee Carey, Jonathon Glass and Naomi Harralson May

Before the end of this month, the U.S. Department of Education (ED) is expected to issue a new set of regulations to provide students and former students with expanded rights to avoid having to repay their federal loans based on certain acts or omissions of the institutions they attended.

Department of Education to Distribute Earnings Data for GE Programs

Kate Lee Carey, Jonathon Glass and Nancy Anderson

Institutions with gainful employment (GE) programs will receive the first set of earnings data for those programs’ graduates in the coming days according to a new announcement from the Department of Education. This is a prelude to the first set of draft GE rates, which ED intends to distribute later in October.

ED Senior Department Official Terminates Federal Recognition of ACICS

Jay Vaughan and Naomi Harralson May

On September 22, the Senior Department Official (SDO) for the US Department of Education (ED) released a letter announcing the decision to terminate the recognition of the Accrediting Council for Independent Colleges and Schools (ACICS) as a gatekeeper for student financial aid programs authorized by Title IV of the Higher Education Act of 1965, as amended (Title IV programs).

ED Seeks Further Compliance with Third-Party Servicer Rules

Greg Ferenbach

On August 18, 2016, the US Department of Education (ED or the Department) issued a Dear Colleague Letter (DCL) providing additional guidance on issues related to the requirements for third parties that provide financial aid services (Servicers).

CA BPPE Issues Final Regulations on Data Reporting and Disclosure

Kate Lee Carey, Greg Ferenbach, Nancy Anderson, Matt Johnson, Paul Thompson and Jeannie Yockey-Fine

After several rounds of public comment and revisions, the Bureau for Private Postsecondary Education (BPPE or Bureau) has issued final regulations significantly expanding the data reporting and disclosure requirements with respect to an institution’s Annual Report, Performance Fact Sheets, and website.

Seven Steps to Prepare for the New Gainful Employment Rule

Jonathon Glass and Kate Lee Carey

The Gainful Employment Rules became effective on July 1, 2015, and you probably already know that your institution has a deadline to report six years’ worth of institutional, student and financial data to the Department of Education (ED) by July 31.