News & Analysis as of

Department of Education Colleges Title IV

Faegre Drinker Biddle & Reath LLP

Mass Layoffs at the U.S. Department of Education: Impacts on Higher Education

Overview - On March 11, 2025, the Department of Education (ED or the Department) effectively fired a substantial portion of its employees, marking a significant step in what Secretary Linda McMahon has called the...more

Littler

Higher Ed DEI Practices to Be Reviewed Under President’s New Executive Order

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President Trump issued an executive order on January 21, 2025 that, among other things, revokes Executive Order 11246, ending the long-standing practice of requiring federal government contractors to take and report on...more

Holland & Knight LLP

U.S. Department of Education Focuses on Misrepresentation by Higher Education, Partners

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In the final days of the Biden Administration, the U.S. Department of Education (ED) announced a number of policy initiatives and enforcement actions related to ED's misrepresentation regulations for institutions of higher...more

Bricker Graydon LLP

Stop Campus Hazing Act Signed by President Biden

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In December, we informed you that the Stop Campus Hazing Act (the Act) was sent to the President after it was passed by both the House and Senate. President Biden signed the Act on December 23, 2024. ...more

Bond Schoeneck & King PLLC

Student Financial Aid Regulations May Require Additional Reporting of Transactions Involving Trustees and Employees

On July 1, 2024, revised regulations governing federal student financial assistance programs became effective. The regulations, which can be found at 34 C.F.R. 668.23(d), require institutions that participate in the federal...more

Holland & Knight LLP

New U.S. Education Department Rules Will Affect University Mergers, Acquisitions

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The U.S. Department of Education (ED) finalized new regulations last year that will take effect on July 1, 2024, directly impacting mergers and acquisitions involving higher education institutions. Specifically, the...more

Faegre Drinker Biddle & Reath LLP

Significant New Financial Responsibility, Administrative Capability and Certification Requirements Loom Ahead for Title IV...

On October 31, 2023, the U.S. Department of Education (ED) published in the Federal Register a Final Rule that significantly revises the financial responsibility, administrative capability and certification requirements...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 10, December 2023

In this final edition of the year, we cover the following issues of import for educational institutions: - CFPB scrutiny of college-sponsored financial products; - Changes ahead for Title IV program participants and...more

Holland & Knight LLP

New Administrative Capability Requirements Announced for Colleges and Universities

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The Biden-Harris Administration on Oct. 24, 2023, issued final rules detailing important obligations for higher education institutions that receive federal funding. (Codified at 34 C.F.R. § 668 et seq.) The final regulations...more

Alston & Bird

Department of Education Issues Guidance on the Revised 90/10 Rule

Alston & Bird on

Our Education Team studies how a change to the 90/10 Rule will affect how for-profit institutions will count federal funding in the 90/10 calculation. The Moran–Carper Amendment to the American Rescue Plan significantly...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 3, March 2023

Department of Education’s New Guidance on Personal Liability Requirements Leaves Uncertainty for Institutions - On March 1, 2023, the U.S. Department of Education (“DOE”) released guidance related to the instances in which...more

Husch Blackwell LLP

Department of Education Expands Interpretation of "Third-Party Servicer" Definition (and Announces Incentive Compensation Review)

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Wednesday’s U.S. Department of Education Dear Colleague Letter announces an expanded Department interpretation of the definition of Third-Party Servicer to include a new array of vendors providing student recruiting and...more

Holland & Knight LLP

U.S. Department of Education Cautions Colleges and Universities on Program Arrangements

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To increase enrollments and lower operating costs, many colleges and universities oftentimes partner with outside companies to provide portions of their academic programs online or on-campus. Serious legal risks may arise...more

Cooley LLP

Blog: Managing COVID-19 Disruption: ED Updates Guidance for Changes and Interruptions of Study

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The US Department of Education (ED) has issued an update to its March 5 guidance for interruptions of study related to COVID-19. The updated information is included as an attachment to the March 5 guidance, containing 10...more

Hogan Lovells

U.S. Department of Education provides COVID-19 guidance for colleges and universities

Hogan Lovells on

On 5 March 2020, the U.S. Department of Education (ED) published an electronic announcement to provide guidance on compliance with federal student financial aid (Title IV) requirements in connection with students for whom...more

Ballard Spahr LLP

DOE Signals Renewed Commitment to Enforcement of Foreign Gift Reporting Requirements

Ballard Spahr LLP on

The U.S. Department of Education (DOE) recently announced that it is launching an investigation into the foreign gifts reporting practices of two higher education institutions. ...more

Hogan Lovells

Settled for now: ED publishes final state authorization rules

Hogan Lovells on

On 1 November the U.S. Department of Education (ED) published a final rule that addresses topics related to two prongs of the regulatory triad: accreditation and state authorization. In this alert, we address certain aspects...more

Cooley LLP

Blog: ED’s New Audit Guide Mandates More Detailed Assessment of Institutional Compliance with Clery Act Campus Crime and Security...

Cooley LLP on

The Clery Act is the focus of the fifth post in our Audit Guide series. The new Audit Guide significantly expands the scope and detail of information that auditors are now required to review to evaluate a school’s compliance...more

Cooley LLP

Blog: New ED Audit Guide Means Compliance Audits Will Be More Expansive, More Expensive

Cooley LLP on

The new Audit Guide for Title IV compliance audits includes numerous, expanded requirements for accounting firms to use in conducting required annual audits. The Audit Guide applies to Title IV compliance audits for fiscal...more

Hogan Lovells

OIG: U.S. Department of Education Must Do More to Police the Financial Condition of Colleges and Universities

Hogan Lovells on

Last week, The Chronicle of Higher Education reported that it had analyzed data released by the U.S. Department of Education (“ED”) and concluded that 177 private colleges and universities failed ED’s financial responsibility...more

Ballard Spahr LLP

Court declines to enjoin Dept. of Education termination of recognition status of college accrediting organization challenging CFPB...

Ballard Spahr LLP on

In December 2016, the Secretary of Education issued a decision adopting the decision of the Department of Education’s Senior Department Official terminating and withdrawing the Department’s recognition of the Accrediting...more

McNees Wallace & Nurick LLC

Department of Education Cash Management Regulations To Become Effective

Final regulations promulgated last year by the United States Department of Education (the “Department”) become effective July 1, 2016. The Department stated that the purpose of the regulations is “to address recent changes in...more

Cooley LLP

Alert: Gainful Employment Regulations: Recent Updates from the Department of Education

Cooley LLP on

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...more

Cooley LLP

Alert: Recent Developments on State Authorization at Department of Education and in California

Cooley LLP on

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...more

McGuireWoods LLP

CFPB Pursues Recovery Against For-Profit College Corinthian and Relief for Its Students

McGuireWoods LLP on

Corinthian Colleges (Corinthian) announced on April 26 that it would cease operations at its remaining physical campuses. This announcement refers to the 30 or so physical campuses that Corinthian continued to operate...more

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