News & Insight

Author: Linh Nguyen

Client Alert: Department of Education Issues Q&A on 2016 Borrower Defense to Repayment Regulations

The Office of Postsecondary Education (OPE) has issued a Q&A document on OPE’s implementation of the 2016 Borrower Defense to Repayment (BDR) regulations, which took effect following unsuccessful litigation by the Department to delay their implementation. Recall that under the 2016 BDR regulations, an institution must demonstrate to the Secretary […]

  Jun 6, 2019  |  By    |   On Client Alerts

Judge Dismisses Mount Ida College Class Action Lawsuit (Squeri, et al. v. Mount Ida College, et al.)

Approximately one year after Mount Ida College ceased operations and closed for business, the District Court for the District of Massachusetts has dismissed class action claims brought by its students against the college, the Board of Directors, and various administrative officers. Fundamental to the court’s decision was the question of […]

  Jun 6, 2019  |  By    |   On Education

Client Alert: Negotiated Rulemaking Committee Reaches Consensus on Proposed Regulations for Federal Student Aid Programs

Earlier last month, the negotiated rulemaking committee (“Committee”) established by the U.S. Department of Education (“Department”) to consider, revise, and prepare proposed regulations for the Federal Student Aid programs, reached consensus on all three buckets of regulatory issues grouped by the Department. The draft consensus language is available here. Because […]

  May 8, 2019  |  By    |   On Education

Legal Alert: Department of Education Issues Guidance on Implementation of 2016 Borrower Defense to Repayment Final Regulations

The U.S. Department of Education (“Department”) has issued guidance on the 2016 Borrower Defense to Repayment (“BDR”) final regulations, which took effect following unsuccessful litigation by the Department to delay their implementation. Given changes that may have occurred at institutions between the original implementation date (July 1, 2017) and the […]

  Apr 5, 2019  |  By    |   On Education

President Trump Proposes Fiscal Year 2020 Budget

On Monday afternoon, the Trump Administration released its proposal for the federal budget. Specific to the U.S. Department of Education, the fiscal 2020 budget decreases funding by about $8.5 billion while maintaining level funding for the Office for Civil Rights. Details of the full budget request are available here. In […]

  Mar 13, 2019  |  By    |   On Education

SUPREME COURT SCHEDULED TO REEVALUATE HOW AGENCIES INTERPRET THEIR OWN REGULATIONS WITH IMPLICATIONS FOR TITLE IX (KISOR V. WILKIE)

The Supreme Court’s decision to grant review in Kisor v. Wilkie may have major implications for the Department of Education’s implementation and enforcement of its civil rights regulations. Kisor v. Wilkie seeks to challenge the Court’s long-standing precedent of granting deference to agencies’ reasonable interpretations of their own regulations, commonly […]

  Feb 7, 2019  |  By    |   On Education

Let’s Get into the Regs! Key Highlights from the Negotiated Rulemaking Committee on Accreditation and Innovation, Session 1, Day 2

  While much of the D.C.-area got to work clearing snowfall from a weekend winter storm, Committee Members on the U.S. Department of Education (“Department”) Federal Negotiated Rulemaking Committee on Accreditation and Innovation (the “Committee”) got to work reviewing and, oftentimes challenging, proposals and recommendations to the Department’s draft regulatory […]

  Jan 25, 2019  |  By    |   On Education

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

Website Compliance for Higher Education in the U.S. under the GDPR

By Linh Nguyen and Sheila Sokolowski. Welcome to the second HMBR series of FAQs developed to inform colleges and universities in the United States about how various activities may bring them under the jurisdiction of European Union (EU) data protection authorities. This series focuses on website compliance and should be […]

  Oct 12, 2018  |  By    |   On Education