Federal Judge Denies ACICS Motion for Preliminary Injunction

Jay Vaughan

Late yesterday afternoon, US District Court Judge Reggie B. Walton denied the request of the Accrediting Council for Independent Colleges and Schools (ACICS) seeking a preliminary injunction (PI) directing the US Department of Education (ED or the Department) to restore ACICS’s status as a federally recognized accrediting agency.

Secretary DeVos is on the Job; Roster Spots and Policy Positions Remain Unfilled

Vince Sampson

On February 7, Betsy DeVos was sworn in as the 11th Secretary of the US Department of Education. Her path to 400 Maryland Avenue was historic. The Senate vote was tied at 50-50 forcing Vice President Mike Pence to take the unprecedented step of breaking the tie for a cabinet nominee. With Secretary DeVos in place, the next steps for the Department are articulating policy positions and filling key positions.

DeVos One Step Closer to Department of Education, But Questions Remain

Vince Sampson

Today the Senate Health, Education, Labor and Pensions (HELP) Committee voted along party lines to forward the nomination of Betsy DeVos to the full Senate.

White House Issues Regulatory Freeze with Minimal Impact on Education Rules

Vince Sampson and Nancy Anderson

On President Trump’s first day in office, the White House ordered a regulatory freeze to allow the incoming administration to review any new or pending regulations.

Judge Denies ACICS Motion for a Temporary Restraining Order

Jay Vaughan and Naomi Harralson May

In an afternoon hearing on December 20, 2016, U.S. District Court Judge Reggie B. Walton denied the motion of the Accrediting Council for Independent Colleges and Schools (ACICS) seeking a temporary restraining order (TRO) to stay the decision of the U.S. Department of Education (ED or the Department) terminating ACICS’s status as a federally recognized accrediting agency.

Final Distance Education Rule: ED Backs Away from State Reciprocity Agreements

Greg Ferenbach, Mike Goldstein, Paul Thompson and Jeannie Yockey-Fine

The Department of Education (ED or the Department) announced the publication of its final rule on state authorization for distance education programs on December 16, 2016.

ACICS Files Suit to Overturn Loss of Recognition

Jay Vaughan and Naomi Harralson May

On December 12, 2016, US Secretary of Education John King issued his final – and expected – decision denying the appeal filed by the Accrediting Council for Independent Colleges and Schools (ACICS) and terminated its status as a federally recognized accrediting agency.

Presidential Transitions: The Congressional Review Act

Vince Sampson

Lately, there have been many questions as to whether Congress might employ the Congressional Review Act (CRA) as a tool to roll back certain Obama Administration rules promulgated over the last few months, such as the Department of Education’s Borrower Defense to Repayment (BDTR) final rule.

Presidential Transitions: A Primer on Rulemakings

Vince Sampson

A smooth transition from the outgoing to incoming administration is a hallmark of democracy and something both parties strive to achieve. Among the myriad issues that must be addressed, one of the more important ones for both the incumbent Obama administration and that of President-Elect Donald J. Trump is how to deal with agency rulemakings.

All Institutions Face New Risks Under ED’s Final Borrower Defense Rule

Jonathon Glass, Mike Goldstein and Kate Lee Carey

BDTR is likely to be one of the final major regulatory initiatives under the Obama administration, and one that will be in pre-effective date status on January 20th when Donald Trump becomes President.

What Independent Colleges Need to Know About the Forthcoming BDTR Rules

Kate Lee Carey, Jonathon Glass and Naomi Harralson May

Before the end of this month, the U.S. Department of Education (ED) is expected to issue a new set of regulations to provide students and former students with expanded rights to avoid having to repay their federal loans based on certain acts or omissions of the institutions they attended.

Department of Education to Distribute Earnings Data for GE Programs

Kate Lee Carey, Jonathon Glass and Nancy Anderson

Institutions with gainful employment (GE) programs will receive the first set of earnings data for those programs’ graduates in the coming days according to a new announcement from the Department of Education. This is a prelude to the first set of draft GE rates, which ED intends to distribute later in October.