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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!

 

COMPLIANCE RESOURCES

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.

Published: November 2023

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.

Published: August 2023

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.

Published: March 2023

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.

Published: March 2023

COMPLIANCE RESOURCE: Financial Responsibility Reporting Under the BDR Rule

Pursuant to the U.S. Department of Education’s financial responsibility regulations, institutions of higher education are required to report certain “triggering events” to the Department within specified timeframes. This compliance resources details the current reporting obligations and timelines in a user-friendly chart.

Published: August 2021

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.

Published: July 2021
WEBINARS/TRAINING RESOURCES

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.

Presented: April 4, 2024

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.

Presented: January 31, 2024

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.

Presented: November 14, 2023

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.

Presented: November 7, 2023

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.

Presented: September 21, 2023

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.

Presented: July 20, 2023

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.

Presented: March 28, 2023

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.

Presented: March 27, 2023

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.

Presented: July 29, 2022

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.

Presented: February 9, 2022

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.

Presented: May 6, 2021

TRAINING SERIES: Title IX

To assist institutions of higher education working to comply with the 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

Presented: July 2020

More Higher Ed Webinars

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

BLOG POSTS

BLOG POST: ED's new rule to decide and disclose the “financial value” of every Title IV program at every school

While this proposed rule covers a number of important topic areas for Title IV-participating institutions, including financial responsibility, administrative capability, and certification procedures, the most substantial element of ED’s proposal is the reintroduction of the “gainful employment” or “GE” framework.

Published: May 25, 2023

BLOG POST: 90/10 rule compliance strategies and considerations for proprietary institutions of higher education

As proprietary institutions of higher education are acutely aware, the U.S. Department of Education’s new 90/10 regulations take effect July 1, 2023 and apply to fiscal years starting on or after January 1, 2023.

Published: May 3, 2023

BLOG POST: Title IX Update - Important new ED guidance concerning pregnancy

On October 4, 2022, the U.S. Department of Education released new guidance for students and schools on Title IX’s prohibition of discrimination based on pregnancy and pregnancy related conditions.

Published: October 25, 2022

BLOG POST: Consumer Financial Protection Bureau tells institutional lenders to cease withholding transcripts

The use of transcript holds at institutions of higher education as a debt collection tool has recently become the subject of much debate and scrutiny. Because a transcript hold is one of the few levers that institutions have to address unpaid balances, institutions have long required that students be current on their financial obligations to access a transcript.

Published: October 11, 2022

BLOG POST: Negotiated rulemaking and the new 90/10 rule

In 2021, President Biden signed into law the American Rescue Plan Act of 2021, which amended the longstanding “90/10 rule” enforced by the U.S. Department of Education (the “Department”).

Published: April 13, 2022

BLOG POST: Department of Education moves to make owners, investors, and controlling parties responsible for college and university liabilities

On March 23, 2022, the U.S. Department of Education announced a significant new policy that, in some cases, will require owners, investors, and controlling parties of private colleges and universities to guarantee the regulatory liabilities of the school.

Published: April 6, 2022

BLOG POST: Is your institution of higher education covered by HIPAA?

We’ve endeavored here to offer some guidance on when HIPAA applies, and when it does not, and to point institutions towards additional guidance that may be helpful.

Published: February 3, 2016

More REGucation Blog Posts

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