Category: Higher Ed

“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

Matt Johnson

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.

Gainful Employment Regulations: Recent Updates from the Department of Education

Jonathon Glass and Kate Lee Carey

The Department of Education published another announcement in its series of Electronic Announcements (EAs) last week, as it prepares to implement the new Gainful Employment (GE) regulations. Those regulations are scheduled to go into effect on July 1, 2015, unless blocked in court.

Recent Developments on State Authorization at Department of Education and in California

Kate Lee Carey and Mike Goldstein

The US Department of Education (ED or the Department) has decided against an earlier plan to send letters to every institution believed to be out-of-compliance (or rather, located in a state that is considered out-of-compliance) with the federal state authorization requirements at 34 C.F.R. § 600.9(a), also known as the “On-Ground Rule.” Compliance with the rule is a condition to eligibility to participate in the Title IV programs.

WASC Senior Commission Issues New Guidelines on Third-Party Providers

Jay Vaughan, Mike Goldstein and Robin Dasher-Alston

The WASC Senior College and University Commission (WSCUC or the Commission) has issued a revision of its policy on agreements between accredited institutions and unaccredited entities, such as service providers.

Third-Party Servicers – New Guidance from the Department of Education

Matt Johnson

The Department of Education (ED) issued a Dear Colleague Letter (DCL) on January 9th providing guidance on which entities should be classified as third-party servicers for purposes of the Title IV rules.

Department of Education Seeks Comments on New Data Collection and Validation for Reporting Use of “Third-Party Servicers”

Matt Johnson

The Department of Education (ED) announced on December 8, 2014 that it is seeking comments on new data collection and validation procedures for reporting the use of “third-party servicers.”

Major Changes in California’s Regulation of Private Postsecondary Institutions

Mike Goldstein and Matt Johnson

California recently enacted a new law that will significantly alter the regulation of many in-state and out-of-state postsecondary institutions. The new law will have an immediate impact on a number of issues, and it signals that further regulation is likely in the near future.