Category: Higher Ed

Federal Judge Rules on MA Regulations on Marketing by For-Profit Schools

Greg Ferenbach, 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

Blain Butner and Greg Ferenbach

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.

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.

Safe Harbor Ripples Affect EU Student Data at US Schools

Matt Johnson and Ann Bevitt

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, Greg Ferenbach, 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.

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

Greg Ferenbach, 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.