Category: Alternative providers

Third-Party Servicer Guidance on Hold

Kate Lee Carey, Nancy Anderson and Vince Sampson
The Department of Education announced that it will modify and further delay the implementation of its controversial guidance on third-party servicer issues.

ED Updates Timeline for Third Party Servicer Guidance

Nancy Anderson and Kate Lee Carey

The Department of Education has extended the timeline for implementation of its February 15 Dear Colleague Letter.

ED Revisits Third-Party Servicer and Incentive Compensation Guidance

Nancy Anderson and Kate Lee Carey

The Department of Education announced two initiatives that expand oversight of third-party providers to institutions of higher education that participate in federal financial aid programs.

State Regulation for the Unregulated: Application Requirements for Alternative Providers

Nancy Anderson and Paul Thompson

With state authorization for degree-granting institutions mostly covered by NC-SARA, state regulators are increasingly focusing their enforcement efforts on those left out of SARA: nondegree, alternative providers.

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.

State Authorization and Licensing: Recent Developments and Trends to Watch

Nancy Anderson

State authorization requirements, particularly for online education programs, remain in flux even as more states join the state reciprocity compact, known as SARA, which applies to accredited institutions.

Avoiding Common Legal Issues at Coding Schools (and Other Edtech Companies): Accessibility and the Americans with Disabilities Act

Nancy Anderson, Paul Thompson and Mike Goldstein

If you operate a coding academy or provide almost any kind of educational program (whether face-to-face, online or hybrid) – regardless of whether you accept federal funds or participate in federal student aid programs – you are probably required to comply with the Americans with Disabilities Act (ADA).

Avoiding Common Legal Issues at Coding Schools: Data Privacy and Security

Matthew Johnson

The second post in the series on common legal and regulatory pitfalls that alternative education providers must proactively avoid focuses on data privacy and security. Learn more about student data privacy and best practices and policies.

Avoiding Common Legal Issues at Coding Schools: Marketing

Paul Thompson

This is the first of a series of posts on common legal and regulatory pitfalls that alternative education providers must proactively avoid. Today’s topic is avoiding sloppy or overly aggressive marketing.

Excitement about Adult Learning: A Lasting Impression from SXSWedu

Matt Johnson

Cooley associate, Matt Johnson, attended SXSWedu last week. Read his insights on the conference and key takeaway for 2017.

New Proposal Offers Limited Access to Federal Student Aid for Alternative Providers

Mike Goldstein

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.

New Pathways for Unaccredited Entities and Non-Institutional Education Providers

Jay Vaughan, Mike Goldstein and Robin Dasher-Alston

Accreditors have been seen as obstacles to innovation in higher education. In April we issued a Cooley Alert on new WASC guidelines for disaggregating institutional services. Now WASC and DEAC have issued separate policies that appear intended to make it easier for new institutions to come into existence and for the validation of courses provided by unaccredited entities.