News & Analysis as of

Higher Education Act State and Local Government

Fox Rothschild LLP

PDE Pushes Back on Federal Certification Mandate

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The Pennsylvania Department of Education (PDE) has declined to sign a certification form issued by the U.S. Department of Education (ED), which asked all state education agencies to affirm compliance with federal...more

Ballard Spahr LLP

No Prevailing Wage Requirements for Pennsylvania Conduit Issuers

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In an increasingly rare unanimous ruling, the Pennsylvania Supreme Court has affirmed the Pennsylvania Commonwealth Court’s holding that Ursinus College is not subject to prevailing wage requirements for a construction...more

Franczek P.C.

Department of Education Releases Proposed Rules for Distance Learning

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Schools and higher education institutions across the country are working tirelessly to implement remote learning programs during the coronavirus disease 2019 (COVID-19) public health crisis. Despite the commendable success...more

Ballard Spahr LLP

Student loan servicers seek to clarify federal preemption of state student loan servicing regulations in suit to enjoin...

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The Student Loan Servicing Alliance, a trade group representing student loan servicers, has sued the District of Columbia to enjoin the operation of Law 21-214, the Student Loan Ombudsman Establishment and Servicing...more

Ballard Spahr LLP

State AGs urge rejection of bill to preempt state regulation of federal student loan servicers

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A bipartisan coalition of 30 state attorneys general led by New York AG Eric Schneiderman and Colorado AG Cynthia Coffman have sent a letter to members of Congress urging them to reject a proposed amendment to the Higher...more

Ballard Spahr LLP

Education Dept. says state student loan servicing laws are preempted

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In response to the wave of new state student loan servicing laws and enforcement activity, the U.S. Department of Education has published an interpretation emphasizing that the Higher Education Act (HEA) preempts state...more

Ballard Spahr LLP

NY bars use of mandatory arbitration agreements by career training schools

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The New York Education Department (NYED) has issued a ruling which states that the Bureau of Proprietary School Supervision (BPSS) will not permit an enrollment agreement, including an arbitration clause, to infringe on the...more

Ballard Spahr LLP

D.C. belatedly releases Bill of Rights for student loan borrowers

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The District of Columbia Student Loan Ombudsman Establishment and Servicing Regulation Act of 2016 (Servicing Act) became effective February 18, 2017. The Servicing Act set an October 1 deadline for the Student Loan...more

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