New Cases and Developments

NACUA's Legal Resources staff summarizes current higher education cases and developments and provides the full text of selected cases to members. New cases and developments are archived here for up to 12 months.  Cases provided by Fastcase, Inc.

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Accreditation; Higher Education Opportunity Act; Authorizations & Regulations

Notice Soliciting Comments on Recognizing Accrediting Agencies (July 24, 2017)

Notice issued by the U.S. Department of Education Office of Postsecondary Education soliciting third-party comments on the performance of accrediting agencies undergoing review and evaluation. The National Advisory Committee on Institutional Quality and Integrity (NACIQI) will be reviewing and evaluating the accrediting agencies listed in the Notice for renewal of recognition and compliance with relevant regulations. Written comments concerning the recognition of a specific accrediting agency must be received by August 13, 2017.

Higher Education Opportunity Act; Program Integrity & Gainful Employment; Authorizations & Regulations

2017 Federal Student Aid Program Review Guide for Institutions (June 2, 2017)

Latest edition of the Program Review Guide for Institutions was published by the Office of Federal Student Aid (FSA). The Guide contains information on the U.S. Department of Education’s guidelines for Department personnel who review the programs of institutions that receive Title IV funding. It also provides institutions with an overview of the program review process and guidance in preparing for, participating in, and following up on program review.  

Online Learning; Higher Education Opportunity Act; State Authorization; Authorizations & Regulations; Technology

Final Rule on State Authorization for Distance Education (Dec. 16, 2016)

Final Rule issued by the U.S. Department of Education regarding state authorization rules under the Higher Education Act. The Rule amends the eligibility requirements that institutions must meet in order to participate in Title IV student aid programs when they offer distance education or correspondence courses. Specifically, the Rule requires institutions to be authorized by each state in which the institution enrolls students, if authorization is required by the state. A press release was issued by the Department announcing the Rule. The Final Rule will go into effect on July 1, 2018.

Higher Education Opportunity Act; Financial Aid

Service member Higher Education Protection Act (Dec. 15, 2015)

Legislation introduced in the U.S. House of Representatives by Representative Kyrsten Sinema (D-AZ) titled the "Service member Higher Education Act" to provide increased access and protection for members of the armed forces in Higher Education. The Act includes provisions altering the current Higher Education Act of 1965 to improve loan deferment for borrowers on military leave, provide for improved disability determinations, and allow for public service loan forgiveness.