Last Friday, the Ninth Circuit reversed a District Court’s decision upholding the U.S. Department of Education’s determination that Grand Canyon University did not meet nonprofit status under the Higher Education Act of 1965 (“HEA”). In Grand Canyon University v. Miguel A. Cardona, et al., No. 23-15124 (9th Cir. November 8, 2024), a Ninth Circuit three-judge
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False Claims Act Ruling Offers New Grounds for Defending Whistleblower Claims
In a recent decision from the U.S. District Court for the Middle District of Florida, Judge Kathryn Kimball Mizelle declared the qui tam provision of the False Claims Act (FCA) unconstitutional, raising significant questions about the future of whistleblower litigation. The case, United States ex rel. Zafirov v. Florida Medical Associates LLC, challenges whether private…
The Latest on ED’s Financial Value Transparency and Gainful Employment Rule
The U.S. Department of Education continues to release significant guidance relating to its Financial Value Transparency and Gainful Employment rule, including last week’s announcement that institutions should “pause reviews of the Completers Lists and use of the FVT/GE Reports.” In this 20-minute video, Aaron Lacey and Hope Watson discuss this and other recent guidance and…
Thompson Coburn Releases 2024 Title IX Training Series for Institutions of Higher Education
Thompson Coburn’s Higher Education Practice is pleased to announce the
release of its new, four-part Title IX Training Series, designed to
assist institutions of higher education to comply with the Biden
administration’s 2024 Title IX rule. This free training series succeeds
Thompson Coburn’s popular 2020 Title IX training series, which details the
requirements of…
Student Loan Debt Relief: Is Forgiveness Really Divine?
On the presidential campaign trail in 2020, Joe Biden promised that, if elected, he would implement a program to forgive federal student loan debt for millions of Americans. As the COVID-19 pandemic was winding down, President Biden made good on that promise. On August 24, 2022, Secretary of Education Miguel Cardona announced a plan to…
Updated Financial Responsibility Reporting Guide 2024
The U.S. Department of Education’s new financial responsibility rules took effect July 1, 2024 (the “2024 Rule”). These rules are part of a sweeping set of regulations that cover financial value transparency and gainful employment, professional licensure programs, the bare minimum rule, transcript withholding, and diploma verification, among many other topics.Part of this…
ED's New Financial Responsibility Rules Deserve Attention
The U.S. Department of Education’s new financial responsibility rules take effect July 1, 2024. These rules are part of a sweeping set of regulations that become effective the same day and cover financial value transparency and gainful employment, professional licensure programs, the bare minimum rule, transcript withholding, and diploma verification, among many other topics.With so…
Title IX Rule: Key Changes and Next Steps for Institutions
On April 29, 2024, the US Department of Education published its final Title IX rule in the Federal Register. In our second HigherEdReg Rundown, Scott Goldschmidt provides
preliminary analysis on the new rule. He discusses key differences between the current Title IX rule and this final rule, including changes in the scope and application of…
U.S. Department of Education Issues New Guidance on Implementation of Program Length Regulations
On April 15, 2024, the U.S. Department of Education (“Department”) issued new guidance regarding the implementation of the program length restrictions for Gainful Employment (“GE”) programs. These restrictions are included in the Department’s Financial Responsibility, Administrative Capability, Certification Procedures and Ability to Benefit Final Rule (“Final Rule”) published in the Federal Register on October 31,…
Title IX (Joe’s Version) Dropped This Morning
We interrupt your Tortured Poets Department** listening party to inform you that the Biden administration has released its long awaited Title IX rules. The new rules, published this morning in unofficial form, will be formally published in the Federal Register shortly.In its press release announcing the new rules, the Department also published a fact…