This updated article provides links to, and briefly summarizes, legislation and federal agency guidance designed to ease the burden on higher education institutions.
Powers has updated this article to incorporate new information and guidance released by the U.S. Department of Education on May 15, 2020. Sections that have been substantively updated are denoted by the phrase New Information.
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On April 2, 2020, the U.S. Department of Education (“Department”) issued a Notice of Proposed Rulemaking (“NPRM”) that proposed regulatory edits on a number of topics, and predominantly distance education and direct assessment (including subscription-based) programs. The NPRM, which can be found here, is the product of negotiated rulemaking surrounding a number of accreditation-related issues that occurred in 2019 and resulted in consensus on the Department’s proposed regulations. The NPRM invites the public to submit comments on the proposed regulatory revisions, and any such comments must be received on or before May 4, 2020. Comments may be in support of the NPRM or can suggest revisions. Please contact Powers if you would like any assistance in preparing comments.
This article has been revised to include additional and updated guidance from the U.S. Department of Education. Please click here to view the most recent version.
This updated article provides links to, and briefly summarizes, legislation and federal agency guidance designed to ease the burden on higher education institutions.
The Powers education group released a memorandum today summarizing the higher education provisions in the Coronavirus Aid, Relief and Economic Security (CARES) Act, passed on Friday, March 27. The memorandum provides an executive summary and a section-by-section overview of the higher education provisions of the CARES Act.
This article has been revised to include additional and updated guidance from the U.S. Department of Education. Please click here to view the most recent version.
The spread of the 2019 novel coronavirus (“COVID-19”) has had an unprecedented impact on higher education institutions across the country. Schools are closing campuses, sending students home, and transitioning their academic programs from brick-and-mortar sites to distance education delivery methods. This article provides links to, and briefly summarizes, recent guidance issued by federal agencies and potential legislation designed to ease the burden on higher education institutions. All affected schools should remember to document any changes to their programs and to communicate the changes to their accreditors. Institutions should also promptly alert students to any changes in programs, the academic calendar, or method of instruction.
Powers Education Group professionals Sharon Bob, Nick Michiels and Dan Brozovic will present at the Accrediting Bureau of Health Education Schools (ABHES) annual National Conference on Allied Health Education. Sharon will participate in the conference’s Regulatory Panel on Friday March 6, and Nick and Dan will present “Surviving (or Even Thriving In) a Program Review or Audit,” on Thursday, March 5.
Powers attorneys Dan Brozovic and Katherine Demedis will present at the National Association of Student Financial Aid Administrators (NASFAA) Annual Leadership & Legislative Conference & Expo on February 4.
The education practice at Powers Pyles Sutter & Verville recently elevated Dan Brozovic to Principal – the third elevation during the past two years – thereby further extending the deep bench of legal talent within the practice.
Powers Pyles Sutter & Verville is pleased to announce that Dan Brozovic has been promoted to Principal, effective January 1, 2020.
Institutional accrediting agencies in the United States have long been divided into national and regional agencies, with the seven regional accrediting agencies operating in distinct geographic regions in the country. However, the Department of Education’s new accreditation rule implements several changes intended to eliminate the distinction between regional and national accrediting agencies.
The loss of institutional accreditation is often a death knell for Title IV eligible institutions because most institutions enroll a substantial number of students who depend on Title IV funds to finance their educations. With its recent revisions to 34 C.F.R. § 600.11 published on November 1, 2019, the U.S. Department of Education may have provided a life line. The Department’s new rules allow institutions that are or have been subject to an adverse action by their current accrediting agency to change accreditors or maintain accreditation by more than one institutional accreditor.
On Friday, November 1, 2019, the U.S. Department of Education officially released its long-awaited final rule on accreditation and state authorization issues, the culmination of a multi-year negotiated rulemaking process. Most of the wide-ranging regulatory changes in this package—including the accreditation provisions summarized in our prior post—will take effect on July 1, 2020.
On November 1, 2019, the U.S. Department of Education published final regulations that, among other things, revised its process for recognizing accrediting agencies, making it easier for new accrediting agencies to become recognized, thereby potentially increasing competition among agencies.
Powers Principals Stan Freeman and Nick Michiels presented at the California Association of Private Postsecondary Schools (CAPPS) Annual Conference on Thursday, October 10th.
By Sean Beller
While the higher education space continues on an unpredictable path as administration turnover and court rulings have created an ever-changing landscape on key topics like gainful employment, borrower defense, and state authorization, False Claims Act (“FCA”) litigation has remained a consistent concern for institutions and the entities with whom they contract. Read More
Powers is proud to announce that Principal Sherry Gray has been selected as the Lawyer of the Year for education law in the District of Columbia by The Best Lawyers in America©.
Powers is pleased to announce that Ryan Spraker has joined the firm’s education practice.
Powers attorneys Nick Michiels and Dan Brozovic will present regarding the U.S. Department of Education’s state authorization rule on August 22, 2019 at the CSPEN 5th Annual Conference in Chicago, Illinois.
Powers Education Counsel Laura Sitarski will moderate a panel on admissions best practices on August 1st, 2019 at the Florida Association of Postsecondary Schools and Colleges (FAPSC) Annual Conference.
By Dan Brozovic
On Monday, July 1, 2019, the U.S. Department of Education (“ED”) formally published a final rule rescinding the Obama-era regulations known as the Gainful Employment rule. Institutions have the option to implement these changes immediately—including cessation of all GE disclosure obligations and direct-delivery requirements—provided they follow ED’s instructions for doing so, which are described below.