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.
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.
Websites as Places of Public Accommodation: DOJ Settlement May Extend Accessibility Requirements to Virtual Space
Mike Goldstein, Paul Thompson and Nancy Anderson
Recent headlines around a high-profile settlement between the US Department of Justice and edX, Inc., one of the largest and earliest distributors of MOOCs, have once again highlighted the importance of understanding the rules for making online courses and services accessible to those with various types and levels of disabilities.
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.
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.
Student Data Privacy: The States Are in the Lead
Mike Goldstein, Randy Sabett and Matt Johnson
Student privacy has become a focal point in the education sector. While media attention has largely focused on activities in Washington, we believe it is also critical for schools and Edtech companies to pay closer attention to privacy and security actions at the state level.
Third-Party Servicers – New Guidance from the Department of Education
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”
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.
California’s Student Online Personal Information Protection Act is the First State Law to Comprehensively Address Student Privacy
Matt Johnson, Randy Sabett and Diane Savage
California recently passed the first state law in the nation that comprehensively addresses student privacy.