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.

New Search
Authorizations & Regulations; Higher Education Opportunity Act

Letter from the Dept. of Education Office of Inspector General (March 1, 2018)

Letter from the Department of Education’s Office of Inspector General (OIG) detailing recommendations for Congress to consider as it works to reauthorize the Higher Education Act (HEA). The recommendations touch upon a number of issues, which include school accountability, the cost of attendance, the return of Title IV funds, information security, and the role of both debt relief companies and accrediting agencies. Of particular note, the letter highlights the vulnerability Federal student aid programs authorized by the HEA pose for potential fraud, waste, and abuse, while also highlighting challenges the OIG faces in managing distance education, direct assessment, and competency-based education programs.

Higher Education Opportunity Act; Government Relations

Letter from Forty-Eight Higher Education Associations to the Senate HELP Committee on Priorities for Reauthorizing the Higher Education Act (Feb. 23, 2018)

Letter from the American Council on Education and forty-seven other higher education associations to the Senate Health, Education, Labor, and Pensions (HELP) Committee in response to their request for comments. The letter details seven principles that represent the broad goals of the higher education community for reauthorizing the Higher Education Act. Included among these principles are improving student aid for students, promoting access to postsecondary education, reducing fraud and abuse where it exists, and streamlining the regulatory burdens institutions must meet without imposing unnecessary costs.

Higher Education Opportunity Act; Authorizations & Regulations

American Council on Education Resource on Renewing the Higher Education Act (March 2018)

Resource by the American Council on Education on the reauthorization of the Higher Education Act (HEA). The web resource provides an overview of the HEA Reauthorization process, the House HEA Bill, association statements on the House HEA Bill, and ongoing Senate action and news coverage of the Bill.

Higher Education Opportunity Act; Authorizations & Regulations

NACUBO Overview of HEA Reauthorization Bill Heading to House Floor in New Year (Jan. 4, 2018)

Overview prepared by the National Association of College and University Business Officers (NACUBO) detailing key provisions of the Promoting Real Opportunity, Success, and Prosperity through Education Reform (PROSPER) Act, which would reauthorize the Higher Education Act. The overview discusses how the federal government’s role in postsecondary education will be reorganized under the PROSPER Act, specifically as it pertains to loans, grants, federal work-study, cash management, the return of Title IV funds, loan repayment rates, and the financial responsibility of institutions participating in Title IV programs. The PROSPER Act was approved by the House Committee on Education and the Workforce on Dec. 12, 2017 and a full vote by the House is expected early this year. 

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.