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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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Government Relations; Authorizations & Regulations

EDUCAUSE Letter to the Department of Education’s Office of Federal Student Aid on Data Breach Notification and Information Security Reporting (Jan. 30, 2018)

Letter from EDUCAUSE to Federal Student Aid (FSA) expressing concern about FSA’s data breach notification and information security program reporting requirements. The letter raises questions about the scope of FSA’s authority and the lack of official documentation and processes for its compliance requirements. The letter welcomes the opportunity to work with FSA to review and revise its compliance guidance and processes, while also urging FSA to work with other higher education information security leaders, student financial aid administrators, and other key higher education communities to achieve a consensus-based resolution. 

2/7/2018
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Authorizations & Regulations; Government Relations

Association of Public and Land-Grant Universities Letter to Congress on House HEA Reauthorization Bill (Jan. 25, 2018)

Letter from the Association of Public and Land-Grant Universities (APLU)’s President Peter McPherson to House Congressional leaders about the Promoting Real Opportunity, Success, and Prosperity through Higher Education Reform (PROSPER) Act. APLU urges significant restructuring of the PROSPER Act.  According to APLU, the current terms of the Act would sharply increase  the costs of higher education for students and increase opportunity for predatory actors and poor-performing institutions to take advantage of students and taxpayers. APLU welcomes the opportunity to work with Congressional leaders to reform the Act’s provisions. 

1/29/2018
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Government Relations; Authorizations & Regulations

American Council on Education Resource Page on the Higher Education Act (HEA)

Resource by the American Council on Education (ACE) on the Higher Education Act (HEA) and the House HEA Bill, entitled Promoting Real Opportunity, Success, and Prosperity Through Education Reform (PROSPER) Act. The resource provides an overview of the PROSPER Act, various higher education association statements, updates on Congressional action, and talking points to use when contacting your representatives. 

1/26/2018
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Government Relations; Authorizations & Regulations

NACUBO “What Did I Miss in Washington?” Jan. 9 – Jan. 22, 2018

Summary from the National Association of College & University Business Officers on legislative and regulatory actions that occurred between January 9, 2018 – January 22, 2018. This summary addresses the Department of Education’s updates to its FAQ on Cybersecurity Compliance, legal challenges to the Federal Communications Commission’s repeal of net neutrality, and a NACUBO document and podcast on 1098-T Reporting. 

1/24/2018
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Program Integrity & Gainful Employment; Authorizations & Regulations

U.S. Department of Education Office of Postsecondary Education Releases 2018 Gainful Employment Disclosure Template (Jan. 19, 2018)

The Office of Postsecondary Education announced its release of the 2018 Gainful Employment Disclosure Template. The gainful employment rule, which applies to for-profit institutions as well as non-degree programs at community colleges and other nonprofit institutions, sets performance standards based on the ability of graduates to repay their federal student loans. Institutions that wish to participate in student financial assistance programs must disclose to prospective students certain information about their GE programs. Institutions have until April 6, 2018 to update disclosures for their GE programs according to the 2018 disclosure template. 

1/23/2018
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FLSA & Categorization of Employees; Government Relations; Authorizations & Regulations

Department of Labor Reissues Opinion Letter on Athletic Team Coaches at Public Schools under the Fair Labor Standards Act (Jan. 5, 2018)

Reissuance by the Department of Labor’s Wage and Hour Division (WHD) of Opinion Letter FLSA2018-6, entitled “Coaches and the Teacher Exemption under Section 13(a)(1),” which provides that coaches may qualify for a section 13(a)(1) teacher exemption if their primary duty is teaching and imparting knowledge to students in an educational establishment. The Opinion Letter is an official statement of WHD Policy and is an official ruling of the agency as it relates to the specific circumstances presented by the requestor’s inquiry. 

1/22/2018
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Government Relations; Authorizations & Regulations

Delay of the Revisions to the Federal Policy for the Protection of Human Subjects (Jan. 22, 2018)

Interim final rule delaying the effective date and general compliance date for final rule revisions to the Federal Policy for the Protection of Human Subjects. The revisions, which previously had an effective date of January 19, 2018, now have a delayed effective date of July 19, 2018. The delay grants interested stakeholders more time to prepare for implementing the new revisions, while also allowing various governmental departments and agencies to undergo notice and comment rulemaking on a proposal to further delay implementation of the revisions until January 21, 2019. 

1/22/2018
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Foreign Students; Immigration & International Activities; Government Relations; Authorizations & Regulations

Statement by ACE President Ted Mitchell About Bipartisan Congressional Efforts to Protect Dreamers (Jan. 18, 2018)

Statement by the President of the American Council on Education (ACE) expressing strong support for a bipartisan, legislative solution by congressional leaders to protect individuals affected by the President’s rescission of the Deferred Action for Childhood Arrivals program. The statement provides, “[i]t is of paramount importance to keep the door open in this country to an entire generation of young people who seek only to contribute their best to the United States, the only country they have ever called home.” ​

1/22/2018
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