Last week the Department of Education released an announcement giving higher education institutions additional time to comply with Gainful Employment (GE) Disclosure Requirements. Here we offer three thoughts on the announcement, a calendar of important dates, and an upcoming webinar on this very topic. READ MORE

In recent years, many colleges and universities have become veritable patent powerhouses. Now, a recent ruling from the Patent Trial and Appeal Board has extended to state-affiliated academic institutions a potentially valuable shield from an increasingly popular administrative avenue for challenging patents. READ MORE

The new Audit Guide dramatically increases the size and scope of testing in a student financial aid compliance audit. It is critical that post-secondary institutions subject to the Audit Guide understand the impact. READ MORE

For anyone who missed our exclusive series of webinars on the final Borrower Defense Rule, or wanted to share them with their colleagues, the recordings and PowerPoint slides are now all available (at no cost). READ MORE

To help institutions understand the final borrower defense rule and its implications, Thompson Coburn’s Higher Education Team is offering a series of four in-depth, 90-minute webinars, each focused on a different aspect of the regulatory package. READ MORE

Candidate Trump had little to say on higher education policy during the primary and general elections. What should the nation’s institutions of higher education — and the students they serve — expect during the Trump presidency? READ MORE

In a rare move, the Department of Education announced on October 12, 2016, its determination that Wesley College in Delaware had violated Title IX by failing to provide appropriate procedural protections to a student accused of sexual misconduct. READ MORE

On October 12, 2016, the U.S. Department of Education issued its long-awaited final rule regarding teacher preparation programs. After nearly five years and a fair amount of compromise, the final regulation has garnered some praise, but leaves many dissatisfied. READ MORE

Over the past two months, Thompson Coburn’s Higher Education Practice presented a four-part webinar series examining the U.S. Department of Education’s proposed borrow defense rule. If you missed a session, would like to view a session a second time, or would like to share the information with other members of your team, the recordings are now available free and on demand. READ MORE

Though this decision has most immediate and significant importance for the institutions presently accredited by ACICS, institutions throughout higher education may also be touched by this decision, should the thousands of students and employees of ACICS-accredited institutions ultimately be displaced. READ MORE

The proposed rules provide new and potentially onerous requirements for state authorization of online or distance learning programs, along with new requirements for state authorization of branch locations in foreign countries. READ MORE

In the first decision, the NLRB held that graduate and undergraduate teaching assistants had the right to unionize. In a separate pair of decisions, the Board also held that religious studies faculty could be excluded from adjunct faculty unions. READ MORE

On June 16, 2016, the U.S. Department of Education released its proposed “borrower defense” rule, a sweeping and complex set of regulatory proposals with significance for all institutions of higher education. To help institutions understand the proposed rule and its implications, Thompson Coburn’s Higher Education Team is offering a series of in-depth webinars, each focused on a different aspect of the regulatory package. READ MORE

The same St. Louis-based law firm that filed each of the actions, Schlichter, Bogard & Denton, has previously targeted large corporations like Boeing, CIGNA, Kraft and Lockheed Martin with similar allegations, resulting in multi-million dollar settlements. Now the firm has turned its sights to private not-for-profit universities. READ MORE

While athletics, record maintenance, field trips, and other such concerns continue to be part of the broader discussion about Title IX and transgender individuals on campus, it is undeniable that one issue has taken center stage: bathrooms. With this in mind, we offer in this post an overview of the legal issues underlying the public debate. READ MORE

One of the less-regulated industries that has lately been receiving a lot of attention is educational institutions. As technology continues to move into virtually all aspects of education, so too has the collection, use, and storage of student personally identifying information. READ MORE

Thompson Coburn higher education attorney Aaron Lacey recently wrote a step-by-step guide for Career Education Review titled, “Evaluating Your GE Completers List: A Practical Approach.” READ MORE

In a nod to increased interest in the academic use of drones, the FAA has released an interpretation on the “Educational Use of Unmanned Aircraft Systems,” which clarifies the use of UAS for hobby or recreational purposes at educational institutions and community-sponsored events. READ MORE

In recent months, the treatment of transgender individuals on campus has come to a head, driven in large part by the stand-off between North Carolina and the federal government over the State’s recent law banning transgender individuals from using restrooms in state facilities based on their gender identity. READ MORE

How should an institution go about exposing educational malpractice claims? The first, and simplest, option is to move to dismiss the offending claims. Because claims involving educational malpractice can often be determined from the face of the complaint, courts will find that they are barred as a matter of law. READ MORE

Claims for educational malpractice often get overlooked because they do not, on their face, clearly implicate the provision of educational services. Regardless, courts often find that claims are barred because the doctrine is broadly defined. READ MORE

We begin today a three-part series exploring recent cases that have attempted to repackage education malpractice claims into various types of breach of contract or negligence actions. READ MORE

If you missed a session of our “Navigating Gainful Employment” webinar series, would like to view a session a second time, or would like to share the information with other members of your team, the recordings of all five webinars are now available free and on demand. READ MORE

As increasing attention has been paid to the representations postsecondary institutions make regarding their graduates’ employment and salary prospects, federal and state laws concerning misrepresentation have been strengthened, and specific requirements relating to employment and salary disclosures have been updated and expanded. READ MORE

Regulation of drone use is on the rise, but it is still possible for organizations to follow the registration process and successfully obtain a federal exemption to use UAS on campus for commercial purposes. READ MORE

As a general matter, the HIPAA Privacy Rule protects confidentiality of health information and imposes various restrictions on the use and disclosure of such information. However, the Office of Civil Rights, the governmental agency that enforces the HIPAA Privacy Rule, has clarified that the HIPAA Privacy Rule generally does not apply to institutions of higher education. READ MORE

Though referring to the reauthorization of the HEA as a whole is useful shorthand for a reporter, from a regulatory standpoint, it is not accurate. There is not one single section reauthorizing the entire HEA, but instead scores of sections “reauthorizing” the government to spend funds on individual programs and initiatives. READ MORE

The Court’s reasoning strongly suggests that retention-based and placement-based compensation both ought to be permissible, given that both, like completion and graduation, are reasonably divorced from the enrollment process. READ MORE

Whether a program is covered by the gainful employment regulations turns on whether it qualifies as a Title IV eligible program by fitting into a category of “eligible program” that includes the gainful employment language. READ MORE

At the heart of the Department’s position is the principle that a postsecondary institution should, in all respects, treat a transgender student or employee consistent with his or her gender identity, as articulated by the transgender individual. READ MORE

As is always the case when developing new policies based on emerging law and guidance (a common occurrence in contemporary higher education), questions remain regarding the practical application of such guidance, and how it should be implemented when in conflict with guidance issued by other organizations. READ MORE

The new rules require institutions to report a wide range of data to the Department for each student who was enrolled in one (or more) of the institution’s GE programs during a designated period. READ MORE

Despite the considerable potential associated with these innovative offerings, competency-based education programs face “regulatory barriers that not only fail to encourage competency-based learning but in fact impede its progress.” READ MORE

The new guidance advises institutions on the independence of the Title IX coordinator position, the allocation of adequate resources and training to Title IX compliance staff, and the core functions of the coordinator role. READ MORE

Many institutions assume that if they have received a subpoena or court order, they are permitted to produce the documents in question without first obtaining authorization from the affected student (or, in the case of a minor, a parent). This assumption is not entirely correct. READ MORE

Just look at Penn State, Rutgers, or Texas Tech. An athletic program or department that operates completely independently of outside leadership or oversight can cost the school an unbelievable amount of money, as well as reputational damage that may never be restored. READ MORE

The new rules, which become effective July 1, 2015, include reporting, disclosure, and certification requirements, as well as new debt-to-earnings metrics designed to assess whether a program offers a reasonable return on investment. READ MORE

The desk guide comes on the heels of the introduction of our webinar series on gainful employment rules. READ MORE

Because this SSA data is not (and presumably will not be) made available to the public, for each GE Program, you will have to develop a proxy for the SSA earnings information. READ MORE

The final step in determining the numerator for your D/E rates is to amortize the median loan debt for each GE Program over a 10-, 15-, or 20-year repayment period. READ MORE

The new regulations prominently feature two metrics intended to assess whether a program offers graduates a reasonable return on investment: (1) the Annual Earnings Rate, and (2) the Discretionary Income Rate. READ MORE

It’s not possible to project with absolute certainty whether a GE program will produce satisfactory rates. With a few educated assumptions, however, institutions should be able to project which programs will pass easily, which will be close, and which will likely fail. READ MORE

For institutions of higher education that sponsor foreign national faculty, researchers and staff and those institutions with international student bodies, the anticipated changes could have significant impact on employees, students, and their families. READ MORE

While the GE regulatory framework includes reporting, disclosure, and certification requirements, it most prominently features two metrics, each ultimately intended to assess whether a program offers a reasonable return on investment: (1) the Annual Earnings Rate, and (2) the Discretionary Income Rate. READ MORE

In the days leading up to a national election, it can be challenging to navigate the waves of analysis and prognostication that flow forth from inside the Beltway, even when your interests are narrowly focused on a specific issue or industry. With this in mind, we’ve pulled from the midterm morass the following key points for the higher education community. READ MORE

If the initial call with the Department goes as it should, following the call, your institution will have a good sense regarding the nature of the review, the locations included, the review period, and the dates for the onsite visit. READ MORE

The proposed rules would expand student disclosure requirements significantly, by some measures tripling the information that must be reported to the Department for each GE program and disclosed on the school’s website, in pre-enrollment disclosures, and in related marketing materials. READ MORE

Congress enacted a package of integrity provisions designed to eliminate fly-by-night institutions from the programs, lower loan default rates, and address certain other areas of abuse. READ MORE

We thought we would take a moment to discuss the notice and distribution requirements relating to the Annual Security Report (ASR) and Annual Fire Safety Report (AFSR), and to suggest some best practices for ensuring that these requirements are satisfied year-over-year, as efficiently as possible. READ MORE

Of the three new crimes introduced by Violence Against Women Reauthorization Act, stalking is unique in that it involves a pattern of conduct that occurs over a period of time and, potentially, in various locations. As a consequence, identifying, recording, and reporting incidents of stalking present particular challenges. READ MORE

The U.S. Department of Education has directed institutions to make a good-faith effort to gather and publish the new crime statistics in this year’s Annual Security Report, with the understanding that schools will be required to report the new statistics to the Department in 2015. With this directive in mind, we’ve set out below five important points to keep in mind when crunching the numbers this fall. READ MORE

Postsecondary institutions face very real challenges on a daily basis, and have little free time to spend contemplating hypothetical audits. Unfortunately, as a result, most administrators are ill-prepared to receive “the call” when it does occur. READ MORE

Managing compliance with Title IX and the Jean Clery Act has been on many an administrator’s mind of late. The U.S. Department of Education’s Office of Civil Rights (OCR) has, through administrative action and announcement, issued volumes of new guidance that to many in the regulated community appear to incorporate extensive new requirements. READ MORE

One of the more common questions we receive in our higher education practice concerns whether an institution may offer a student or alumni referral program without running afoul of federal law. Or, more specifically, whether such a program violates the incentive compensation regulations enforced by the U.S. Department of Education. READ MORE

Welcome to REGucation, the higher education blog that strives, through practical advice and insight, to help the higher education community manage a fast-changing and increasingly complex regulatory environment. READ MORE