The lame-duck session of the 118th Congress managed to be an active one for the higher education community, with two bipartisan education bills moving through Congress over the last four weeks. The first, the FAFSA Deadline Act (Public Law 118-145),
Regucation
Regucation, published by Thompson Coburn, focuses on legal developments and regulatory issues affecting higher education institutions. The blog covers topics such as federal education policy, compliance with Department of Education regulations, Title IX training and enforcement, financial aid rules including FAFSA deadlines, nonprofit status challenges for universities, and litigation trends impacting colleges and universities. It also addresses labor and employment law as it relates to higher education, intellectual property concerns, and risk management strategies for educational institutions. The content is aimed at helping higher education administrators, legal counsel, and policymakers navigate the complex legal landscape surrounding postsecondary education.
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Higher Education: The Road to Nonprofit Status Just Got a Little More Paved
Last Friday, the Ninth Circuit reversed a District Court’s decision upholding the U.S. Department of Education’s determination that Grand Canyon University did not meet nonprofit status under the Higher Education Act of 1965 (“HEA”). In Grand Canyon University v. Miguel…
False Claims Act Ruling Offers New Grounds for Defending Whistleblower Claims
In a recent decision from the U.S. District Court for the Middle District of Florida, Judge Kathryn Kimball Mizelle declared the qui tam provision of the False Claims Act (FCA) unconstitutional, raising significant questions about the future of whistleblower litigation.…
The Latest on ED’s Financial Value Transparency and Gainful Employment Rule
By Aaron Lacey & Hope Watson
The U.S. Department of Education continues to release significant guidance relating to its Financial Value Transparency and Gainful Employment rule, including last week’s announcement that institutions should “pause reviews of the Completers Lists and use of the FVT/GE Reports.” In…
Thompson Coburn Releases 2024 Title IX Training Series for Institutions of Higher Education
Thompson Coburn’s Higher Education Practice is pleased to announce the
release of its new, four-part Title IX Training Series, designed to
assist institutions of higher education to comply with the Biden
administration’s 2024 Title IX rule. This free training…
Student Loan Debt Relief: Is Forgiveness Really Divine?
On the presidential campaign trail in 2020, Joe Biden promised that, if elected, he would implement a program to forgive federal student loan debt for millions of Americans. As the COVID-19 pandemic was winding down, President Biden made good on…
Updated Financial Responsibility Reporting Guide 2024
By Publisher
The U.S. Department of Education’s new financial responsibility rules took effect July 1, 2024 (the “2024 Rule”). These rules are part of a sweeping set of regulations that cover financial value transparency and gainful employment, professional licensure programs,…
ED's New Financial Responsibility Rules Deserve Attention
By Aaron Lacey
The U.S. Department of Education’s new financial responsibility rules take effect July 1, 2024. These rules are part of a sweeping set of regulations that become effective the same day and cover financial value transparency and gainful employment, professional licensure…
Title IX Rule: Key Changes and Next Steps for Institutions
On April 29, 2024, the US Department of Education published its final Title IX rule in the Federal Register. In our second HigherEdReg Rundown, Scott Goldschmidt provides
preliminary analysis on the new rule. He discusses key differences between the current…
U.S. Department of Education Issues New Guidance on Implementation of Program Length Regulations
On April 15, 2024, the U.S. Department of Education (“Department”) issued new guidance regarding the implementation of the program length restrictions for Gainful Employment (“GE”) programs. These restrictions are included in the Department’s Financial Responsibility, Administrative Capability, Certification Procedures and…