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.
A video replay is now available for the webinar “What the Midterm Election Results Mean for Higher Education,” recently presented by Duane Morris’ Education Team.
For more information, please visit the event page.
Duane Morris was a sponsor of the 2020 ASU GSV summit. Several of our attorneys presented at this year’s virtual conference. Below are replays from select sessions.
Ed Tech Policy Session | September 29, 2020
Consumers of education services – students of all ages and the entities that serve them – are hungry for dramatic changes in the education landscape that will deliver increased access, equity, affordability, quality and workforce relevance. Ed Tech has begun to deliver on those needs in extraordinary ways, and the potential is untapped. However, innovation in the market has outpaced how existing regulations and policy govern education as a service. This session will: (1) review friction points our lawyers have observed between Ed Tech models and the current state, federal and accreditor regulatory regimes that apply to educational businesses and educational institutions (and how to spot, anticipate and plan for them), (2) report on recent changes in federal law and policy to promote and foster innovation (including the U.S. Department of Education’s new Distance Education and Innovation Final Rule and increased accreditor flexibilities) and (3) discuss threats and opportunities that may arise from the next Congress and Administration, and how Ed Tech stakeholders can help shape education policy.
- Katherine Brodie, Partner, Duane Morris LLP
- Kristina Gill, Special Counsel, Duane Morris LLP
- Nicholas Kent, Senior Education Policy Advisor, Duane Morris LLP
Schools Not Tools | September 30, 2020
EdTech providers increasingly are crossing over from a supporting role to education delivery. Join us to talk about what the regulatory and legal ramifications are to being a school.
Moderator: Tony Guida, Partner, Duane Morris LLP
Speaker: Michelle Donovan, Partner, Duane Morris LLP
Privacy, Data Protection and Intellectual Property Considerations for EdTech Startups | October 8, 2020
This interactive session will cover some of the common legal issues that emerging EdTech companies grapple with in the areas of IP ownership, privacy, and data protection.
Speaker: Michelle Donovan, Partner, Duane Morris LLP
On May 6, 2020, the U.S. Department of Education issued the Final Rule on Title IX of the Education Amendments of 1972 (“Title IX”) regulations. These are the first comprehensive regulations issued under Title IX since 1975.
The Final Rule goes into effect on Friday, August 14, 2020. Its provisions will significantly impact K-12 school districts, colleges, and universities. The changes include: a definition for sexual harassment, requirement for publication of Title IX materials, triggers for an institution’s legal obligation to respond and investigate, and a requirement that institutions conduct courtroom-like hearings. Continue reading “Title IX Final Rule”
Due to the outbreak of coronavirus (COVID-19), the Centers for Disease Control and Prevention recommends that institutions of higher education consider postponing or canceling upcoming study abroad or foreign exchange programs. However, this advice has raised pressing questions about how this would affect Title IV, Higher Education Act (HEA) federal financial aid and a student’s ability to finish the term if a program is interrupted or canceled. In response, on March 5, 2020, the U.S. Department of Education’s office of Federal Student Aid (FSA) offered guidance permitting temporary flexibility and clarifying how higher education institutions can continue to comply with Title IV regulations for students whose activities are impacted by COVID-19.
View the full Alert on the Duane Morris LLP website.