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ED further delays third-party servicer guidance, clarifies significant policies

Archway on college campus with bikes

On April 11, 2023, the U.S. Department of Education (the “Department”) announced that it would further delay implementation of its controversial “third-party servicer” (“TPS”) guidance, which was released this February. It also provided significant policy clarifications to the regulated community concerning study abroad programs, clinical relationships, and other impacted arrangements. READ MORE

HEERF audit guide and webinar recording now available

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We're delighted to share a recent article and webinar aimed at helping institutions understand the compliance requirements found in the U.S. Department of Education’s Office of Inspector General "Guide for Compliance Attestation Engagements of Proprietary Schools Expending Higher Education Emergency Relief Act Funds." READ MORE

CARES Act funds: Significant new USED guidance includes surprises

Congress

The U.S. Department of Education has issued significant new guidance to institutions of higher education regarding their receipt and use of the funds being distributed through the Higher Education Emergency Relief Fund (HEERF), a relief program created by the CARES Act. In this article, we review the important, and in some cases, surprising information that was included in the new guidance documents. READ MORE

ED issues instructions to Higher Ed to obtain CARES Act funds

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Earlier this afternoon, the U.S. Department of Education sent a letter to institutional leaders detailing the process for securing the first round of relief funds under the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. READ MORE

USED's proposed Title IX rules: Complimentary webinar now available on-demand

Aaron Lacey December 12, 2018
College campus archway

On November 29, Aaron Lacey presented a webinar examining the U.S. Department of Education’s proposed Title IX rules in significant detail. These proposed rules, if implemented, will constitute the first significant revision of the Department’s Title IX regulations in over 40 years. READ MORE

Arbitration provisions in enrollment agreements appear to be safe in light of Supreme Court ruling

Jeff Fink June 7, 2018
arbitration agreement with gavel and pen poised to sign it

A recent U.S. Supreme Court ruling upholding the enforcement of arbitration agreements in employment contracts likely extends the same benefit to institutions of higher education on an issue of key importance in recent years: The ability of schools to include arbitration provisions in their enrollment agreements. READ MORE

Proposed Borrower Defense Rule webinar recordings now available

Aaron Lacey October 10, 2016
unraveling borrower defense rule

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

New Department of Education guidance for Title IX coordinators deserves a look

Aaron Lacey May 6, 2015
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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