The Top Five Legal Issues for Edtech Startups and Schools
As an attorney who focuses on legal issues relevant to the education sector, I’m often asked about some of the key legal issues in the space—especially for emerging companies who have to be strategic about allocating their time and resources.
Negotiations on New Defense to Repayment Rules Fail: It’s All Up to ED Now
Jonathon Glass, Mike Goldstein, Kate Lee Carey and Vince Sampson
Following a highly charged, often contentious three days of debate, the third session of the Negotiated Rulemaking on Borrower Defense to Repayment (DTR) ended as it started, without consensus. The Department of Education (ED) is now free to promulgate the regulations it wants, entirely independent of the DTR negotiations.
Common Sense Media to Grade EdTech Company Privacy Practices
Matt Johnson, Danielle Naftulin and Jay Vaughan
Last week, Common Sense Media (CSM) announced that it is undertaking an ambitious initiative to evaluate and grade the student data privacy practices of EdTech companies that provide products, apps, or services for use in K-12 classrooms.
ED Adds New Letter of Credit Requirements to Student Loan Negotiations
Jonathon Glass and Kate Lee Carey
The US Department of Education and appointed negotiators representing higher education and legal groups are preparing for the second round of negotiations to expand the “Borrower Defense to Repayment” regulations, with the next session to run from Wednesday, February 17 through Friday, February 19.
Restrictions Remain on Certain Academic and Research Activities for Cuba and Iran
Jonathon Glass, Mike Goldstein, Kevin King and Shannon MacMichael
Much has been written recently about the lifting of the US embargoes targeting Iran and Cuba. Despite recent liberalization in discrete areas (e.g., travel, family remittances, and internet based communications), comprehensive restrictions remain in place on the types of academic activities that US persons can undertake, as well as what US persons can export or transfer to these countries and their nationals.
Timeline for First Set of Gainful Employment Rates Slips Further
Jonathon Glass and Kate Lee Carey
The US Department of Education has announced another delay in the distribution of the Completer Lists for Gainful Employment programs until Spring 2016, which is bound to push back the date for ED to issue the first set of Draft GE Rates and, ultimately, Final GE Rates.
Beware of Predatory Student Debt Relief Advertisements that Target Your School
Kate Lee Carey, Jonathon Glass, David Mills, Jay Vaughan, Matt Johnson and Alyssa Saunders
In a recent trend, student debt relief scammers are engaging in aggressive marketing tactics by placing advertisements that target student loan borrowers from a specific institution of higher education.
Federal Judge Rules on MA Regulations on Marketing by For-Profit Schools
Mike Goldstein, Robert Lovett, Adam Gershenson and Paul Thompson
On January 25, 2016, Judge Saylor of the US District Court in Boston issued his ruling in the case of Massachusetts Association of Private Career Schools v. Maura Healey, in her official capacity as the Attorney General.
ED Issues New Incentive Compensation Guidance
At the end of November, the US Department of Education (ED) issued important new guidance regarding its incentive compensation regulations, which ED says “clarifies and provides additional information” about part of the rules.
ED Adopts Changes to Clock and Credit Hour Rules
Jay Vaughan and Naomi Harralson May
Earlier this month, the US Department of Education (ED or the Department) announced a number of changes to the so-called “cash management” regulations that govern institutional arrangements with financial account providers and will take effect on July 1, 2016.
FTC Focuses on Lead Generation Practices in Higher Education and Edtech
Jacqueline Grise, Scott Dailard, Tanisha James and Paul Thompson
On Friday, October 30, 2015, the Federal Trade Commission conducted a workshop in Washington, DC on lead generation practices, with a specific consumer protection focus on activities in the higher education sector including ed tech companies.
Pending Rulemaking Likely to Expand Borrower Defenses Against Repaying Federal Direct Loans
Jonathon Glass and Kate Lee Carey
The US Department of Education (ED) is preparing for a new rulemaking that is intended to clarify—and very likely expand—the ability of student borrowers to be relieved of the obligation to repay their Federal Direct Loans.