New Proposal Offers Limited Access to Federal Student Aid for Alternative Providers
On October 15, 2015, the US Department of Education (ED) issued a long-awaited notice announcing an “Experimental Sites Initiative” (ESI) to permit limited access to federal loan and grant programs for students enrolled in certain kinds of short, non-institutional educational programs.
Safe Harbor Ripples Affect EU Student Data at US Schools
Last week Europe’s highest court, the Court of Justice of the European Union (CJEU) declared invalid a “Safe Harbor” framework whereby personal data could be easily transferred between many European countries and the US.
Further Refinement to Accreditation in Higher Education
Jay Vaughan, Naomi Harralson May and Robin Dasher-Alston
Reacting to ongoing concerns and complaints expressed by members of Congress and others, the accrediting community has been very busy introducing new policies and procedures and refining their respective processes in preparation for the looming reauthorization of the Higher Education Act.
ED Guidance on Competency-Based Education: Barriers to Adoption Remain
Mike Goldstein, Vince Sampson and Naomi Harralson May
Institutions that are in the process of developing competency-based education (CBE) programs now have a clearer window to the US Department of Education’s perspective on how federal student financial aid rules can accommodate this alternative educational delivery methodology—and what institutions must do to demonstrate and maintain compliance.
Student Data Privacy: States Keep Up the Momentum
Matt Johnson and Vince Sampson
While Congress continues to consider (but not act on) nationwide student data privacy initiatives, the states continued to lead the charge in 2015.
DOJ Puts Pressure on Schools and Edtechs to Provide Accessible Educational Technology
Mike Goldstein, Paul Thompson and Nancy Anderson
In our last alert on the growing interaction between edtech and disability law, we noted that the Department of Justice (DOJ) appears to be moving to extend the provisions of the Americans with Disabilities Act (ADA) to reach entities other than schools that provide online educational programs and services.
New Clery Act Requirements Warrant Close Review Before October 1 Deadline
Blain Butner and Paul Thompson
New regulations under the federal Violence Against Women Act (VAWA) that took effect in July have a direct impact on all institutions’ Annual Security Reports as well as other aspects of institutions’ compliance with the campus crime and safety requirements under the Clery Act.
The Gainful Employment Rules: New Guidance on Reporting, Certification and Disclosures
Jonathon Glass and Kate Lee Carey
As additional elements of the Gainful Employment Rules (GE) have become effective, the Department of Education (ED) has provided additional formal and informal guidance regarding its expectations for reporting, certification, and disclosures.
“Ability to Benefit” is Back, But Not the Same
Jonathon Glass, Kate Lee Carey and Naomi Harralson May
Recently, a number of third-party test providers have begun promoting the Department of Education’s (ED) approval of their Ability-to-Benefit (ATB) assessments by notifying institutions that, after a three-year hiatus, they can once again award federal financial aid to students who do not have high school diplomas.
California Approves Pathway for Non-Profit Institutions to Maintain Exemption from State Oversight
Kate Lee Carey and Matt Johnson
Governor Jerry Brown has now signed into law Senate Bill 81, which included language amending the California Private Postsecondary Education Act of 2009 (the Act) to permit “independent institutions of higher education” (that is, non-profit, degree granting, accredited institutions formed in California) to meet federal requirements including access to the complaint resolution process managed by the California Bureau for Private Postsecondary Education (BPPE).
No 11th Hour Reprieve: GE Rules Upheld
Jonathon Glass and Kate Lee Carey
With a second court ruling in late June in favor of the U.S. Department of Education, the Gainful Employment Rules (GE Rules) took effect on July 1, 2015.
Department Issues New Dear Colleague Letter on State Authorization
On Friday, June 19, 2015, the US Department of Education (ED or the Department) issued a Dear Colleague Letter (GEN-15-10) (DCL) reminding institutions that the current state authorization requirements (34 CFR § 600.9) will take effect on July 1, 2015 and that enforcement will not be delayed for another year.