Category: Higher Ed

Just in Time for Halloween: The Return of the Borrower Defense Rule of 2016

Kate Lee Carey, Jonathon Glass, Mike Goldstein and Vince Sampson

The Borrower Defense to Repayment Rule is back, thanks to a September 17 federal court order that overturned Secretary DeVos’ action suspending implementation of the existing rule, followed by the October 16 final order denying CAPPS’ request for injunctive relief.

Borrower Defense to Repayment: The Saga Continues

Jonathon Glass and Kate Lee Carey

The Department of Education has published a new notice of proposed rulemaking for the BDTR law. Comments on the proposed new rule are due August 30.

ED Begins Authorization for Foreign Locations of Domestic Institutions

Nancy Anderson, Paul Thompson and Mike Goldstein

On June 29, the Department of Education announced the portion of the proposed distance education rule relating to authorization of foreign locations of domestic institutions went into effect on July 1, 2018.

Cooley Team at NACUA 2018

Mike Goldstein

The 2018 NACUA Annual Conference is June 24-27 in Minneapolis, MN. 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 2018

Marjorie Arrington, Pat Dickerson and Rebecca Flake

The 2018 NASFAA National Conference is June 24-27 in Austin, TX. 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.

Once Again, Implementation of the Distance Education Rule Is Delayed – This Time to 2020

Nancy Anderson, Paul Thompson and Mike Goldstein

The Department of Education announced today that it will delay the effective date of the state authorization for distance education rule from July 1, 2018, to July 1, 2020.

A Busy Week for the Gainful Employment Rule

Jonathon Glass, Kate Lee Carey and Alyssa Saunders

The Department of Education continues to take steps to implement certain aspects of the current GE Rule that may lead it to publish a second set of GE Rates, while also arguing in court that it has acted properly in delaying certain other requirements.

ACICS Recognition Reinstated

Jay Vaughan and Naomi Harralson May

Secretary Betsy DeVos announced earlier today that the US Department of Education has retroactively reinstated the federal recognition of the Accrediting Council for Independent Colleges and Schools as of December 12, 2016, and the accreditor will remain in that status until she can reconsider its prior request for re-recognition.

Cooley Team at P3-EDU

Jay Vaughan and Mike Goldstein

The P3-EDU Conference is April 3-4, 2018 in Arlington, Virginia. The conference is focused on best practices around public-private partnerships in higher education. Members of the Cooley team will be speaking and attending the conference.

Is a Kinder, Gentler Gainful Employment Reg in the Works While ED Announces Steps to Publish New Rates?

Jonathon Glass and Kate Lee Carey

Keeping up with the GE Rule has been a full time job in recent months, including new Department of Education actions to prepare a second set of GE rates, negotiated rulemaking to write a new rule, a lawsuit against the department for not implementing the current rule and proposed legislation in Congress.

Purdue Unbound: The Road Ahead for Conversions and Shared Services Transactions

Greg Ferenbach and Mike Goldstein

This week the Higher Learning Commission gave final approval to the Kaplan-Purdue transaction. In this post, we discuss the changes in the regulatory environment and at the accreditor level that led to HLC’s approval of the deal and potential for similar partnerships in the future.

Department of Education Defends Its Actions in GE Rule Lawsuit

Nancy Anderson, Jonathon Glass and Kate Lee Carey

The debate over the current and future Gainful Employment Rule continues in all three branches of the federal government.