News & Publications

Getting Ready For ED’s New State Authorization Rule

As institutions with online programming are well aware, the U.S. Department of Education's new "state authorization" rule is set to become effective this coming July 1, 2018. Among other things, the rule will require institutions offering online programming to demonstrate that they are authorized to offer their programs in every state where they enroll students who receive federal financial aid. In addition, the rule will require institutions to make a wide range of required disclosures to students [...]

At Long Last…ED Issues Guidance Regarding Implementation Of The 2016 Borrower Defense To Repayment Rules

Following a court ruling in September 2018 making the delayed Obama-era Borrower Defense to Repayment regulations immediately effective, the Department of Education has been promising guidance to institutions so they (and potentially affected past and present students) could understand ED's expectations for compliance. After six months, that guidance was finally issued on March 15 via an electronic announcement available at ifap.ed.gov. For those who have forgotten the broad and complex BDTR rule of 2016, we encourage you [...]

Should Independent Schools Have Anti-Texting Policies Between Faculty And Students?

I am often asked by independent school administrators whether their schools should have policies prohibiting texting between faculty and students. Sometimes, before I can respond, the administrator acknowledges that attempting to limit such texting would likely be impossible given the extent of its usage by students, parents and many, particularly younger, faculty. I understand both the concern behind the question and the frustration trying to find a solution. Before considering how to address the issue, [...]