Webinar: Understanding Borrower Defense to Repayment Claims

Duane Morris is hosting the webinar Understanding Borrower Defense to Repayment Claims on Thursday, October 5, 2023, from 2:00 pm to 3:00 p.m. Eastern.

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About the Program

Institutions of higher education – public, nonprofit and proprietary – have reached out to Duane Morris’ Education Group with questions and concerns regarding Borrower Defense to Repayment claims. Join us for recommendations on how to handle these inquiries, insights on best practices and what to expect in terms of next steps.

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Department of Education Expands Regulatory Jurisdiction Over Service Providers for Institutions of Higher Education

Institutions of higher education (IHEs) and companies providing services to IHEs (including so-called online program managers or OPMs) should take careful note of two announcements by the U.S. Department of Education that could significantly impact the institution/service provider relationship and the Department’s oversight of that relationship.

First, and most immediately effective, the Department has revised its subregulatory guidance regarding the activities that make an entity providing services to an IHE a “Third Party Servicer” (TPS) for Title IV purposes. In a significant expansion over prior guidance, an OPM providing services to an IHE related to student recruiting and retention, providing software products and services involving Title IV administration activities, or providing educational content and instruction are now defined as a TPS. Being defined as a TPS comes with significant increased risk and compliance obligations by the third party and the institution. There is an open public comment period on this change through March 17, 2023.

Read the full text of this Alert on the Duane Morris website.

Important Update: On February 28, 2023, the Department published an update to Dear Colleague Letter 23-03 that makes clear the guidance does not become effective until September 1, 2023. The reporting deadline for institutions and third-party servicers to report to the Department is also extended until September 1, 2023. Further, the Department extended the comment period through March 30, 2023.

Webinar Replay: What Does It All Mean? The U.S. Department of Education’s Regulatory Reach Over Service Providers for Institutions of Higher Education

A video replay of the webinar “What Does It All Mean? The U.S. Department of Education’s Regulatory Reach Over Service Providers for Institutions of Higher Education” is available to view.

Supreme Court Denies Student Request to Block University Vaccine Mandate

On August 12, the Supreme Court of the United States denied eight students’ request to block Indiana University’s requirement that students be vaccinated against the coronavirus. Justice Amy Coney Barrett rejected the request without comment, without seeking a response from the state and without referring the request to the full court for a vote. Justice Barrett’s denial indicates the court’s belief that the students’ challenge was not a particularly close case.

To read the full text of this Duane Morris Alert, please visit the firm website.

Duane Morris Education Industry Group Ranked in The Legal 500

Duane Morris’ Education Industry Group has been ranked in The Legal 500 US 2021 guide.

An excerpt from the publication:

Duane Morris LLP’s education practice brings together a multidisciplinary team skilled across litigation, real estate, and employment law, and has a very strong reputation, “rooted in understanding the needs of in-house counsel.”

Testimonials

        • “This practice group is rooted in understanding the needs of in-house counsel and providing recommendation and advice in which operational impact is considered.”
        • “Tony Guida is exceptional at connecting people and issues and staffing matters with key talent, while considering the client need. He is well respected in the field and has served in a variety of capacities in-house prior to move to partner. His appreciation of board expectations, operational needs legal and regulatory concerns leads to unmatched service.”
        • “The Duane Morris team affords us a truly bipartisan approach to our efforts. They are well read and able to breakdown key points of legislation that would have effects on our membership while offering well thought out strategies to embrace or fight against.”

For more information, please visit the firm website.

Why You Should Require Students to Get Vaccinated as COVID Retreats

We have entered a new phase in the COVID-19 pandemic in the United States.

We no longer wake up every day to increasing numbers of deaths, infections, and reminders about social distancing and vaccine shortages. Instead, we now read about record low numbers of infections, limited fatalities, and a domestic surplus of vaccine so large that we are now vaccinating children as young as 12 and may be exporting it by June.

And, just last week, the CDC dispensed with mask guidance for vaccinated people. This prompted President Biden to host his first “maskless” appearance of his presidency. For college leaders planning the summer and fall semesters, it’s a 180-degree turnaround that we were afraid to hope for just last year.

Yet here we are. The question now vexing colleges is how to safely reopen on-ground learning with a pandemic in retreat. It’s a nice problem to have, but it still has to be solved.

To read the full text of this article by Duane Morris partner Edward M. Cramp, please visit the University Business website.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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