News & Insight

Author: Dennis Cariello

Preliminary Analysis of Higher Education Emergency Relief Fund Distribution from ACE and NASFAA

As a follow up to our report on the CARES Act Summary of Higher Education Provisions, we wanted to alert people that the American Council on Education and the National Association of Student Financial Aid Administrators have published a spreadsheet with the estimated amount of Higher Education Emergency Relief Funds […]

  Mar 31, 2020  |  By    |   On Client Alerts

Important Notice on State Authorization of Distance Education Programs

In an unofficial federal register notice published yesterday, the Department of Education explained that as a result of the April 26, 2019 decision in National Education Association v. DeVos, No. 18-cv-05173-LB (N.D. CA April 26, 2019), which went into effect on May 26, 2019, the final state authorization regulations, published December 19, 2016 (81 FR 92236), took effect. These regulations contain important changes to Sections 600.2 (Definition of a “State authorization reciprocity agreement”), 600.9(c) (State authorization); 668.2 (Definition of “Distance Education”) and 668.50 (Institutional disclosures for distance or correspondence programs).

  Jul 23, 2019  |  By    |   On Client Alerts

Breaking News: U.S. DOE Rescinds Gainful Employment (GE) Rule – Official Version to be posted on July 1

Late on June 28, 2019, the U.S. Department of Education rescinded the “Gainful Employment” (GE) Rule.  (The Department posted the “unpublished” notice in the rescinded GE Rule on Friday and will post the official version on July 1).  The GE Rule applied to all programs at all Title IV eligible […]

  Jun 28, 2019  |  By    |   On Client Alerts

Legal Alert: Court Denies Preliminary Injunction in Borrower Defense Litigation (CAPPS v. DeVos)

By Linh T. Nguyen and Dennis M. Cariello U.S. District Court Judge Randolph Moss has denied California Association of Private Postsecondary Schools (“CAPPS”)’ renewed motion for a preliminary injunction to enjoin certain provisions of the 2016 Borrower Defense to Repayment (“BDR”) Final Regulations. In denying a preliminary injunction, Judge Moss […]

  Oct 17, 2018  |  By    |   On Client Alerts

Gainful Employment Updates

As we await the publication of the Notice of Proposed Rulemaking for the Gainful Employment Rule (OMB started review on the rule on May 17, 2018), schools should not forget that June 13th is a deadline for reviewing and submitting corrections to their Draft GE Completer’s List.  This is a […]

  May 30, 2018  |  By    |   On Education

House Committee Approves Labor-HHS Appropriations Bill

Earlier today, as reported in a Committee press release, the House Appropriations Committee approved the draft fiscal year 2016 Labor, Health and Human Services funding bill on a vote of 30-21.   The draft bill includes “$153 billion in discretionary funding, which is a reduction of $3.7 billion below the fiscal […]

  Jun 24, 2015  |  By    |   On Education

Amendment to Remove Gainful Employment Rule Spending Limitation Fails in House Approps Committee

The House Committee on Appropriations is currently considering the draft appropriations bill passed by the House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies on June 17.  As mentioned previously, Section 309 of this bill contains a limitation on the use of funds to implement and […]

  Jun 24, 2015  |  By    |   On Education

Senate Sub Committee Passes Labor-HHS Appropriations Bill; Full Committee Vote Tomorrow

In a markup held yesterday, the U.S. Senate Appropriations subcommittee on Labor, Health and Human Services, Education and Related Agencies (“Labor-HHS”) released a summary statement setting forth the key elements of the a $153.2 billion appropriations bill that passed the sub committee.  The full Senate Committee on Appropriations will take […]

  Jun 24, 2015  |  By    |   On Education

Welcome to the Blog

We wanted to extend a very warm welcome to those of you who are new to the Higher Ed Law Blog.  We try to cover all things higher education and ed tech here – although we certainly stray into K-12 and education reform issues, like charter schools, education savings accounts […]

  Jun 24, 2015  |  By    |   On Education

DC Court Upholds Gainful Employment Rule

Earlier today, the District Court for the District of Columbia held that the US Department of Education’s (“Department”)”‘gainful employment‘ regulations—including the current debt-to-earnings test and disclosure, reporting, and certification requirements—survive this court challenge in their entirety.”  [JUNE 24 UPDATE – here are the Chronicle of Higher Education and Inside Higher […]

  Jun 23, 2015  |  By    |   On Education