Higher Education: Finding Investment Opportunities in Disruption

The U.S. higher education sector is in the midst of unprecedented transformation. Once defined by expansion and access, the industry now finds itself at a crossroads, shaped by sweeping federal policy changes, heightened demand for workforce-aligned credentials, and rapid advances in artificial intelligence. Anthony Guida, Partner and Education Industry Practice Lead at Duane Morris, authored the white paper “Higher Education: Finding Investment Opportunities in Disruption,” which was published by Houlihan Lokey, a leading independent global advisory firm.

Read the full paper here.

Webinar: Post-Election Analysis: Federal Regulatory and Legislative Impacts on College and University Operations

Duane Morris will present the next entry in its webinar series, Boot Camp for Education Legal Leadership: Higher Education at the Political and Legal Crossroads: Protecting Your Institution’s Mission During a Time of Uncertainty, Post-Election Analysis – Federal Regulatory and Legislative Impacts on College and University Operations, to be held on Tuesday, November 12, 2024, at 2:00 p.m. Eastern | 11:00 a.m. Pacific.

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Webinar: The Regulatory Landscape ‒ A Dynamic and Disruptive 12 Month

Duane Morris will present Boot Camp for Education Legal Leadership, Session 1: The Regulatory Landscape ‒ A Dynamic and Disruptive 12 Months, on Wednesday, January 24, 2024, at 2:00 p.m. Eastern time/11:00 a.m. Pacific time.

The past 12 months have been one of the most active in recent memory for the U.S. Department of Education in publishing new regulations and issuing new policy guidance in the area of Title IV, Higher Education Act compliance. Join the Education Industry Group at Duane Morris for review and analysis of these developments and how they impact your institution, both now and in the near future.

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EdUp Legal Podcast: The Latest on DOE Regulations

Tony Guida, Duane Morris partner and Team Lead of the Education Industry Group, is featured in the EdUp Legal podcast.

In the episode,  Tony discussed the Department of Education’s most recent suite of regulations impacting institutions’ participation in the Title IV program, specifically with respect to certification, financial responsibility and administrative capability.

Listen to the EdUp Legal podcast, hosted by Deborah Solmor.

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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U.S. Department of Education Updates Third Party Servicer Guidance

On May 16, 2023, the United States Department of Education (the “Department”) updated its Third Party Servicer Guidance issued in GEN-23-03.  The new Dear Colleague Letter (“DCL”) officially delays indefinitely the previously issued guidance.  It also removes the prohibition on contracts between institutions of higher education and foreign owned or operated third party servicers.

This DCL replaces the prior update posted in a blog by Undersecretary Kvaal, in which he commented that the department was effectively delaying the prior DCL.  This formalizes that announcement.

The DCL indicates that institutions will be provided with at least six (6) months advance notice before the effective date of any future formal guidance.  The deadlines for audit and contractual requirements in any new guidance will be delayed until the institution’s first fiscal year beginning after the effective date for the reporting requirements.  We read this to mean that institutions and Third Party Servicers will not be required to retroactively implement the new guidance.

Finally, the Department also clarified that institutions may contract with foreign owned Third Party Servicers.  It rescinded earlier guidance on this issue.  The Department did note, however, that this issue may be subject to rulemaking in the future.

Institutions and potential Third Party Servicers should continue to evaluate how they may be impacted by new regulation or guidance in this area.  It is clear that the Department is intent on increasing its oversight of Third Party Servicers by expanding the scope of services that fall into the Third Party Servicer bucket in the Higher Education Act.  In addition, the Department has identified Third-Party Servicers and Related Issues for rulemaking in the fall of 2023. Concerned parties should continue to monitor developments from the Department as they arise over the next several months.

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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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