ED Issues Sweeping Proposed Rules on Borrower Defense

Jonathon Glass, Mike Goldstein and Kate Lee Carey

Almost four months after the marathon negotiated rulemaking ended in March without consensus, the US Department of Education (ED) has released a massive Notice of Proposed Rulemaking describing how it plans to refocus the rules governing the Borrower Defense to Repayment (BDTR) provision of the Higher Education Act (HEA).

Challenges to Gainful Employment Student Completer Lists Due July 28

Jonathon Glass and Kate Lee Carey

The US Department of Education has set the deadline for institutions to file corrections to their “student completer lists” as the next major step in ED’s effort to publish the first set of rates under the Gainful Employment Rule.

ED to Propose New Rules for Online Education

Greg Ferenbach, Mike Goldstein, Nancy Anderson, Matt Johnson and Jeannie Yockey-Fine

Last week, the Department of Education (ED or the Department) submitted to the Office of Management and Budget (OMB) proposed new or amended state authorization regulations. The proposed regulations relate to state authorization requirements that would become a condition of Title IV eligibility, including state approval requirements for distance education programs.

Rulemaking Panel Proposes Process for Student Debt Forgiveness Under BDTR

Jonathon Glass, Mike Goldstein and Kate Lee Carey

This memo discusses the proposed process for students to file claims to have their federal loans forgiven, as well as the role of institutions in that process, under the Final Draft of the BDTR Rule.

New Student Debt Standards Could Allow Massive Loan Forgiveness

Jonathon Glass, Mike Goldstein and Kate Lee Carey

This memo discusses the new federal standards for students to have their federal loans forgiven under the Final Draft of the BDTR Rule. 

ED to Issue First Set of Gainful Employment Rates

Jonathon Glass and Kate Lee Carey

The US Department of Education just announced its intent to issue the first set of official Debt to Earnings Rates (D/E Rates) under the Gainful Employment Rule (GE Rule) in January 2017.

The Top Five Legal Issues for Edtech Startups and Schools

Matt Johnson

As an attorney who focuses on legal issues relevant to the education sector, I’m often asked about some of the key legal issues in the space—especially for emerging companies who have to be strategic about allocating their time and resources.

Negotiations on New Defense to Repayment Rules Fail: It’s All Up to ED Now

Jonathon Glass, Mike Goldstein, Kate Lee Carey and Vince Sampson

Following a highly charged, often contentious three days of debate, the third session of the Negotiated Rulemaking on Borrower Defense to Repayment (DTR) ended as it started, without consensus. The Department of Education (ED) is now free to promulgate the regulations it wants, entirely independent of the DTR negotiations.

Common Sense Media to Grade EdTech Company Privacy Practices

Matt Johnson, Danielle Naftulin and Jay Vaughan

Last week, Common Sense Media (CSM) announced that it is undertaking an ambitious initiative to evaluate and grade the student data privacy practices of EdTech companies that provide products, apps, or services for use in K-12 classrooms.

ED Adds New Letter of Credit Requirements to Student Loan Negotiations

Jonathon Glass and Kate Lee Carey

The US Department of Education and appointed negotiators representing higher education and legal groups are preparing for the second round of negotiations to expand the “Borrower Defense to Repayment” regulations, with the next session to run from Wednesday, February 17 through Friday, February 19.

Restrictions Remain on Certain Academic and Research Activities for Cuba and Iran

Greg Ferenbach, Jonathon Glass, Mike Goldstein, Kevin King and Shannon MacMichael

Much has been written recently about the lifting of the US embargoes targeting Iran and Cuba. Despite recent liberalization in discrete areas (e.g., travel, family remittances, and internet based communications), comprehensive restrictions remain in place on the types of academic activities that US persons can undertake, as well as what US persons can export or transfer to these countries and their nationals.