News & Insight

Author: Dennis Cariello

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

Update to Comment Period on Student Loan Discharge Data Collection

On June 11, 2015, we discussed the issue of student loan discharge by virtue of the student having a state law cause of action against the school (pursuant to 34 C.F.R. § 685.206(c)(1)).  We also reported that “on June 10, the Department published a notice in the Federal Register seeking comment […]

  Jun 23, 2015  |  By    |   On Education

Jeanne Allen Takes Politico To Task for Calling Florida Education Reforms “Risky”

Here’s an interesting critique of a recent Politico piece (“Bush’s Risky Education Vision”) related to Governor Jeb Bush’s education reform record from one of the leaders of education reform, Jeane Allen.  On her blog,  Ms. Allen takes Politico to task for everything from getting the history of education reform wrong, […]

  Jun 22, 2015  |  By    |   On Education

Feeling Lost Given the Multitude of Ed Tech Conferences? This May Help.

If you are like me, you attend a number of education conferences each year.  I Think its important to keep up on what’s going on in the industry, what educators and edupreneurs are thinking, and where the policy debate needs to go as we fight for better outcomes for students […]

  Jun 22, 2015  |  By    |   On Education
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