Tag: State Authorization

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).

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.

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.

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.