Department Issues New Dear Colleague Letter on State Authorization

Greg Ferenbach and 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

Greg Ferenbach, 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, Greg Ferenbach 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, Greg Ferenbach 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, Greg Ferenbach, 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

Greg Ferenbach and 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”

Greg Ferenbach and 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, Greg Ferenbach 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.