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Legal and Regulatory Issues

Beginning to Make Sense of the New Borrower Defense Regulations

By Michael T. Wherry, CPA, McClintock & Associates
The finalized borrower defense to repayment regulations will be making major changes or modifying and clarifying existing rules. With less than a year before they become effective, institutions have some time to plan for their implementation, but preparation should begin now.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

Process Makes Perfect: How the Accommodation Process Supports Students with Disabilities and Safeguards Valuable College Resources

By Jessica High, Attorney and Bryce Young, Attorney, Duane Morris, LLP
Since 2005, disability rights cases have increased by almost 395 percent. Following the same process for every student will always lead to the right result, no matter the facts or situation. While this may not immunize your institution from a complaint or lawsuit, following and documenting a process bolsters your defenses greatly.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

How to Protect Title IV Schools From an Increasing Number of False Claims Act Lawsuits

Written from a presentation by Steven Gombos and Jacob Shorter, Gombos Leyton and Eric Bing, CEO, The College of Health Care Professions
The False Claims Act, a civil statute that allows both the government and private qui tam relators to bring allegations of fraud against individuals and entities who defraud the U.S. government, is one of the fastest-growing sectors of civil litigation. Learn how you can protect your college from these lawsuits and lessen the risk of FCA liability.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

What Now? Examining the Regulatory Landscape After Gainful Employment Rule Scrapped

By Michael T. Wherry, Director, Audit Department, McClintock & Associates
No matter what the future holds, the one certainty is the regulatory landscape among for-profit and non-profit institutions will not remain the same. Vigilant monitoring and regular consultation with experts are a must, especially among smaller institutions that may not have the resources to fully address financial and regulatory reporting.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

Making Sense of ED’s State Authorization Rule

By Aaron Lacey, Partner and Leader, Higher Education Practice and Katie Wendel, Counsel, Higher Education Practice, Thompson Coburn LLP
For nearly a decade, the U.S. Department of Education has worked to formulate a lasting “State Authorization Rule.” Most recently, an interpretation of the rule threatened to render online students in California ineligible for federal financial aid. This article considers the current status of the Rule, discusses the drama in California, and offers thoughts for coming into compliance.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

Mergers and Acquisitions in Higher Education: Considering the Letter of Intent

By Emily Murphy, Aaron Lacey, and Katie Wendel, Thompson Coburn LLP
In recent years, there has been a significant uptick in merger and acquisition activity involving institutions of higher education, and many familiar with the sector expect this trend to continue. This article discusses mergers and acquisitions in the higher education space and focuses on preparing the letter of intent.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

California Consumer Privacy Act of 2018: Considerations for Higher Education Institutions

By Michelle Donovan, Partner and Diane Byun, Diversity Fellow, Duane Morris LLP
On June 28, 2018, California passed the California Consumer Privacy Act (CCPA), establishing the strictest data privacy law in the United States. The CCPA’s scope is not limited to entities within California. Compliance obligations will be imposed on any business that collects personal information about California residents and meets one of the CCPA thresholds, regardless of where the business is located. Higher education institutions covered by the new law must adopt new policies and procedures relating to the collection, use, and sharing of consumers’ personal information.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

General Data Protection Regulation (GDPR) and Career Education

By Michelle Donovan, Partner and Diane Byun, Diversity Fellow, Duane Morris LLP
In a world of daily digital interactions, the General Data Protection Regulation (GDPR) offers individuals in the European Union (EU) more control on the collection, disclosure, and use of their personal data, both within and beyond EU borders. Any career education institution in the United States (US) that processes or collects personal data relating to covered individuals may be subject to GDPR compliance, regardless of physical EU presence.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

Preparing for the Department’s New State Authorization Rule

By Aaron Lacey, Partner, Thompson Coburn’s Higher Education practice and Editorial Director, REGucation, the firm’s higher education blog
As institutions with online programming are well aware, the U.S. Department of Education’s new “state authorization” rule is set to become effective this coming July 1, 2018. This article discusses the new authorization and disclosure requirements set forth in the rule.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One