Higher Education Resources

As part of our ongoing commitment to the postsecondary community, Thompson Coburn’s higher education practice routinely creates complimentary resources designed to assist institutions with navigating the complexities of the higher education regulatory and policy environment. We have collected a number of these resources on this page, including our most recent webinars, training series, desk guides, whitepapers, and blog posts.  We hope you find these resources helpful, and if you have any questions, please do not hesitate to contact us!

Title IX Training Series

2024 Title IX Training Series

As part of our ongoing commitment to the postsecondary community, Thompson Coburn’s higher education practice routinely creates complimentary resources designed to assist institutions with navigating the complexities of the higher education regulatory and policy environment. We have collected a number of these resources on this page, including our most recent webinars, training series, desk guides, whitepapers, and blog posts.  We hope you find these resources helpful, and if you have any questions, please do not hesitate to contact us!

2024 Title IX Training Series Slide Decks

Click here to access the slide decks for Thompson Coburn’s 2024 Title IX Training Series

Request Downloadable Video Files

Click here to request downloadable video files of our 2024 Title IX Training Series Sessions.

2020 Title IX Training Series

To assist institutions of higher education working to comply with the 2020 Title IX rule, Thompson Coburn’s Higher Education Practice has created a free, online lecture series that provides foundational training for those individuals who will be administering the Title IX process.

2020 Title IX Training Series Slide Decks

Click here to access the slide decks for Thompson Coburn’s 2020 Title IX Training Series

Compliance Resources

Compliance Resource: Financial Responsibility Guide

We provide a guide to the reporting obligations under ED’s new Financial Responsibility, Administrative Capability, Certification Procedures, Ability to Benefit Rule.

Compliance Resource: TCPA and other Telemarketing Rules

This guide helps colleges and universities understand TCPA regulations for text messages and calls to students, ensuring permission is obtained for promotional messages.

COMPLIANCE RESOURCE: A Desk Guide for the 2023 Final Financial Value Transparency & Gainful Employment Rule

We have developed this Desk Guide to assist institutions as they contemplate compliance with the final version of the GE rule.

COMPLIANCE RESOURCE: Suggested Protocols for Responding to Individual Borrower Defense to Repayment Claims

With regard to BDR claims, data released by ED suggests that virtually every institution in the U.S. has at least a handful of claims pending against it. Given this trend, we have developed this document to aid institutions with establishing protocols to responding to BDR claims.

COMPLIANCE RESOURCE: 90/10 Rule Compliance: Strategies & Considerations

To remain eligible to participate in the federal student aid programs, proprietary institutions must comply with the “90/10 rule.” New regulations published by ED in October 2022 apply to institutional fiscal years beginning on or after January 1, 2023. This compliance resource, updated March 2023, compiles strategies for managing 90/10 rule compliance.

COMPLIANCE RESOURCE: A Guide to Understanding GLBA Requirements for Institutions of Higher Education

This compliance resource, organized as an FAQ, provides answers to the most common questions regarding the Federal Trade Commission’s updated GLBA Safeguards Rule, which becomes effective in June 2023 and applies to institutions of higher education.

COMPLIANCE RESOURCE: Institutional Loans

For a wide range of reasons, institutions of higher education frequently determine to offer students the opportunity to finance all or part of their education using some form of institutional credit. Such arrangements may qualify as a “private education loan” under federal law, subjecting the institution to a multitude of requirements. This memorandum provides an overview of certain significant federal requirements that institutions of higher education should consider when contemplating an institutional loan program, or any other student financing opportunity.

Webinars/Training Resources

The Latest on ED’s Financial Value Transparency and Gainful Employment Rule

The U.S. Department of Education has paused reviews of completers lists due to new guidance related to financial value transparency and gainful employment. In this 20-minute video, Aaron Lacey and Hope Watson discuss recent changes and suggested actions for institutions.

The Biden Administration’s New Title IX Rule

In this HigherEdReg Rundown, Scott Goldschmidt provides preliminary analysis on the new Title IX rule.

ED’s Latest Financial Value Transparency/Gainful Employment Guidance

In this HigherEdReg Rundown, Aaron Lacey breaks down key announcements and clarifications included in the new guidance.

Webinar: ED’s Evolving State Authorization and Professional Licensure Requirements

Join Thompson Coburn and WCET leadership for a timely webinar panel exploring the evolving landscape of state authorization in higher education. This informative session will provide a brief overview of current requirements, with a particular focus on upcoming regulatory changes and their potential impact on institutions.

Webinar: The Higher Education Regulatory Outlook for 2024

In this annual webinar, Aaron discusses the final rules implemented in fall 2023, which are set to take effect during the summer of 2024. These encompass critical areas such as financial value transparency and gainful employment, administrative capability, certification, state authorization, and financial responsibility. Priority considerations for institutions will be highlighted.

Webinar: Projecting Debt-to-Earnings Rates Under ED’s New Financial Value Transparency and GE Rule

This webinar takes a closer look at the Department’s debt-to-earnings calculations, and details a step-by-step process institutions can follow to project debt-to-earnings rates for their programs under the new GE Rule. The speaker will also discuss how institutions might project Earnings Premium performance.

Webinar: ED’s New Financial Value Transparency and Gainful Employment Rule

This webinar provides an overview of the new rule and includes a detailed discussion of the regulatory framework, the key metrics, the Department’s new program information website, reporting and disclosure requirements, consequences of failure, and program certifications.

WEBINAR: Responding to Student Borrower Defense to Repayment (BDR) Claims: 2023 Edition

This presentation explores the BDR regulations as to student loan discharges, the Department’s processing of student BDR claims, and the litigation concerning the Department’s practices as to BDR claims. The webinar will then turn to a discussion about how an institution can best respond to BDR claims and attempt to avoid potential liability for federal student loans discharged by the Department.

WEBINAR: Affirmative Action in Higher Education: Impact of SFFA v. Harvard and SFFA v. UNC

This presentation provides an overview of the Students for Fair Admissions, Inc. (SFFA) v. President and Fellows of Harvard and SFFA v. University of North Carolina Supreme Court decision.

WEBINAR: Safeguarding the Data and Your Compliance Program – USED and GLBA

Significant revisions to the Federal Trade Commission’s GLBA Safeguards Rule become effective in June of 2023. For any higher education institution receiving Federal Student Aid, this will impose significant new requirements. for the protection of personal information. This webinar discusses the Safeguards Rule, ED guidance, and the posture of the FTC.

WEBINAR: A review of ED’s new third-party servicer guidance and suggestions for public comment

In February 2023, the U.S. Department of Education issued significant and controversial guidance regarding its oversight of “third-party servicers,” companies and organizations that provide certain services to postsecondary institutions. This 90-minute webinar examines the new guidance in detail and offer suggestions for comment.

WEBINAR: ED’s Proposed Borrower Defense to Repayment Rule: A Detailed Examination

On July 6, 2022, the U.S. Department of Education released the unofficial version of its proposed rewrite of the borrower defense to repayment rule. The BDR rule details the process by which former students can seek to have their federal loans forgiven based on misconduct by their institution. This special, 2-hour webinar discusses the proposed rule in detail, highlight significant changes, and suggest opportunities for public comment.

WEBINAR: Responding to Student Borrower Defense to Repayment (BDR) Claims

Under the Higher Education Act, the U.S. Department of Education is directed to issue regulations governing when student borrowers may seek to discharge their federal student loans due to the misconduct of their institutions of higher education. This webinar explores the BDR regulations as to student loan discharges, the Department’s processing of student BDR claims, and the litigation concerning the Department’s practices as to BDR claims.

WEBINAR: Examining ED’s Incentive Compensation Rule

Since 1992, institutions of higher education participating in the federal student aid programs have been required to comply with the U.S Department of Education’s prohibition on incentive compensation. This 90-minute presentation discusses the scope, interpretation, and enforcement of the rule, how it has changed over time, and what the future may bring.

More Higher Ed Webinars

Click here to access the complete Thompson Coburn Higher Ed Webinar Library.

Blog Posts

Updated Financial Responsibility Reporting Guide 2024

The U.S. Department of Education’s new financial responsibility rules, known as the “2024 Rule,” came into effect on July 1, 2024. These rules encompass various areas including financial value transparency, gainful employment, professional licensure programs, and more.

U.S. Department of Education Issues New Guidance on Implementation of Program Length Regulations

On April 15, 2024, the ED issued new guidance regarding the implementation of the program length restrictions for GE programs. These restrictions are included in the ED’s Final Rule published in the Federal Register on October 31, 2023. The Final Rule takes effect on July 1, 2024.

Title IX (Joe’s Version) Dropped This Morning

We interrupt your Tortured Poets Department listening party to inform you that the Biden administration has released its long-awaited Title IX rules.

Borrower Defense to Repayment (BDR) Round-Up

Thompson Coburn has followed the U.S. Department of Education’s BDR rules closely over many years. This blog post will outline three recent BDR-related developments that institutions of higher education should have on their radar.

ED’s latest BDR guidance, and why institutions should always respond to claims

We fear some elements of the Department’s guidance might cause confusion among institutions and even lead to inaccurate conclusions. Specifically, we are concerned that some institutions might conclude there is no adverse consequence if they decide not to respond to a BDR claim – a conclusion that would be inaccurate.

More REGucation Blog Posts

Click here to access Thompson Coburn’s Higher Education blog, REGucation.