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.
On Tuesday, January 4, 2022, the Federal Motor Carrier Safety Administration (FMCSA), in coordination with the Department of Education, announced that it was relaxing certain standards of the commercial driver’s license (CDL) skills test for school bus driver applicants. Specifically, the action would give States the option to temporarily waive one provision of the skills test that requires applicants to identify the “under the hood” engine components. Effective January 3, 2022, this temporary waiver expires on March 31, 2022. The remaining elements of the test (outlined in 49 CFR 383.113(a)(1)(ii-ix) remain effective. Continue reading “The Federal Motor Carrier Safety Administration Waives Certain Skills Test Requirements for School Bus Drivers”
To close out this series of summaries of the first session of Negotiated Rulemaking, today UpdateEd looks at the U.S. Department of Education’s proposed changes to regulations regarding pre-dispute arbitration and class action waivers. We will also analyze the “neg reg” session as a whole.
As identified in the Department’s issue paper (see here), the proposed changes to pre-dispute arbitration and class action waivers are very significant, constituting a return to the 2016 BDR rule’s prohibitions as well as the addition of new provisions. Proposed changes are as follows. Continue reading “U.S. Department of Education Negotiated Rulemaking – Session One Recap: Part Three”
On Friday, October 8, 2021, the U.S. Department of Education wrapped up its first week-long session of the (virtual) Affordability and Student Loan Negotiated Rulemaking. The Department’s agenda (see here) kicked off with a discussion of each of the twelve issue papers, some with proposed regulatory language, provided to the committee prior to the beginning of the sessions. Continue reading “U.S. Department of Education Negotiated Rulemaking – Session One Recap”
On September 7, 2017, in remarks about the previous administration’s approach to Title IX, former U.S. Secretary of Education, Betsy DeVos announced that “the era of rule by letter” was over. On Monday, Secretary Cardona’s Department announced that the culmination of that DeVos deregulatory effort would be rescinded. Continue reading “USDE: The Era of “Rule by Letter” is…Back?”
On August 6, 2021, the U.S. Department of Education (USDE) announced that it would be establishing a negotiated rulemaking committee, entitled the “Affordability and Student Loans Committee,” that will, starting in October, meet to begin rewriting certain Title IV-related regulations. The announcement also included a schedule for the virtual negotiation sessions and instructions on how to submit nominations for committee, subcommittee, and advisor spots. The full announcement, officially published on August 10, can be found here.
On June 30, 2021, the U.S. Department of Education (USDE) published a list of six proposed priorities regarding discretionary grant programs for Secretary Cardona and the Biden Administration’s education agenda. While the priorities mostly cover K-12 issues and a policy response to COVID-19, one particular entry (Priority #5) may provide insight into the Department’s thinking regarding the upcoming regulatory agenda, which is set to kick off later this month.
Later this month the Department of Education will embark on the first steps towards a massive rewrite of programs authorized by Title IV of the Higher Education Act of 1965. The Department is seeking input on a wide range of federal higher education topics, as identified in the notice, as well as input on how the Department could address gaps in postsecondary outcomes such as retention, completion, loan repayment, and student loan default by race, ethnicity, gender, and other key student characteristics. Continue reading “U.S. Department of Education Proposes Massive Rewrite of Title IV Regulations”
On April 6, the Department of Education’s Office for Civil Rights (OCR) issued a new letter to students, educators, and stakeholders indicating the process that the Biden Administration will be undertaking on the issues surrounding the Title IX regulations. While light on details, the letter does provide a roadmap for OCR’s next steps and what colleges and universities can expect in the Title IX regulatory arena in the near future. Continue reading “Another Hint? Interpreting How the Biden Administration Will Approach Title IX Regulations”
On February 25th, the U.S. Department of Education published a notice requesting comment on proposed eligibility criteria for implementing the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA), Section 314(a)(3) program, called the Supplemental Aid to Institutions of Higher Education (SAIHE) Program for which Congress authorized at set aside of Higher Education Emergency Relief Funds (HEERF). The notice also requests public comment on the proposed criteria and application information that the Department will use to determine eligibility. Only public and non-profit institutions of higher education are eligible for funding under Section 314(a)(3).
According to the notice, the Department is proposing to use the following institutional criteria to determine SAIHE eligibility of those institutions with the greatest unmet needs related to COVID-19: Continue reading “U.S. Department of Education Solicits Comments on Proposed Institutional Eligibility Criteria for HEERF Supplemental Aid”
