Education

Maynard’s Higher Education Practice Group is deeply experienced in all manner of regulatory issues that are important to institutions of higher education, educational investors, third-party servicers, and accrediting agencies. Attorneys in the group have worked in the U.S. Department of Education and nationally recognized accrediting agencies, in other specialized law firms focused on higher education, and as in-house and outside counsel to colleges and universities, investor groups, and accrediting agencies. Their expertise in regulatory and operational matters complements the Firm’s other practice groups that have a long history of working with institutions of higher education in such matters as banking and finance, cybersecurity, real estate, employment and human resources, intellectual property, immigration, litigation, and transactions.

Our comprehensive higher education practice includes the following services and specializations:

• Regional, national and programmatic accreditation reviews, responses, and appeals
• Title IV and other federal student aid matters, including eligibility and certification issues, program reviews, compliance audits, and appeals
• Cybersecurity and data privacy policies and requirements
• Title IX policies and investigations
• Clery Act and Violence Against Women Act policies
• Professional licensing and certification issues, including appeals
• State authorization and approval
• Substantive changes, including new campuses and changes of ownership or control
• Accrediting agency recognition applications and appeals

Representative projects that we have handled include the following:

• Worked with colleges to resolve accreditation compliance issues, including institutional governance concerns
• Conducted Title IX investigations, hearings, and appeals
• Prepared response documents and represented college in potential adverse proceeding by state board of nursing
• Resolved final audit and closed-school discharge determinations
• Represented parties in M&A transactions involving higher education institutions
• Reviewed and revised college policies and procedures, including student handbook and Title IX policies
• Advised institutions on usage of HEERF and other emergency federal funds in response to the COVID-19 pandemic
• Represented an accrediting agency through the federal recognition process

Litigation attorneys in the higher education practice have successfully represented colleges and universities in a number of diverse matters across the United States. A representative sample of these matters includes the following:

• Student and employee litigation and arbitrations, including those arising from the closure of a national chain
• False Claims Act and related qui tam actions
• Intellectual property dispute following a transaction
• Commercial real estate disputes
• Discrimination and wrongful discharge claims

Our attorneys routinely monitor legal and regulatory developments that are important to our college and university clients. Our most recent Client Alerts are available below:

• U.S. Department of Education Announces Review of Incentive Compensation Guidance and Updated Third-Party Servicer Guidance (February 17, 2023)
• U.S. Department of Education Issues a Summary of Cybersecurity Updates Required by Safeguards Rule (February 14, 2023)
• Federal Trade Commission Extends Deadline for Compliance with Safeguards Rule (November 29, 2022)
• U.S. Department of Education Announces New Regulations on Borrower Defense to Repayment, Mandatory Arbitration and Class-Action Waivers, and Loan Discharge and Forgiveness (November 21, 2022)
• U.S. Department of Education Issues New Regulations on Changes of Ownership, 90/10 and Prison Education Programs (November 14, 2022)
• U.S. Department of Education Proposes New Regulations on Borrower Defense to Repayment and Other Loan Provisions (July 19, 2022)
• Gramm-Leach Bliley Act (GLBA) Amended Safeguards Rule (Dec. 22, 2021)
• U.S. Department of Education Announces New HEERF and SNAP Guidance (March 23, 2021)
• CDC Issues Updated COVID-19 Interim Guidance for Institutions of Higher Education (March 18, 2021)
  
• U.S. Department of Education Issues New Distance Education and Related Regulations (Sept. 4, 2020)
  
• U.S. Department of Education Announces New CARES Act Reporting Guidelines and Updated COVID-19 Related Flexibility Deadlines (Aug. 31, 2020)
  
• New Title IX Rules Take Effect in 30 Days - IMPORTANT REMINDER (July 14, 2020)
  
• U.S. Department of Education Releases Interim Final Rule on Student Eligibility for HEERF Emergency Grants (June 11, 2020)
  
• U.S. Department of Education Issues Final Title IX Regulations (June 9, 2020)
  
• U.S. Department of Education Releases Updated Guidance for COVID-19 Interruptions (May 18, 2020)
  
• U.S. Department of Education Releases Interim Reporting Instructions for HEERF Emergency Student Grant Funds (May 7, 2020)
  
• U.S. Department of Education Announces Emergency Relief Funds for Institutions (Apr. 22, 2020)
  
• U.S. Department of Education Releases Updated Information Regarding Higher Education Emergency Relief Fund of the CARES Act (Apr. 13, 2020)
  
• Updated Guidance from U.S. Department of Education - Regulatory Flexibility Due to COVID-19 National Emergency (Apr. 6, 2020)
  
• An Update for Higher Education Institutions Regarding COVID-19 - Regulatory Guidance from the Federal Government (Mar. 20, 2020)
  
• U.S. Department of Education Releases State Authorization, Notice and Disclosure, and Institutional Eligibility Regulations (Nov. 11, 2019)
• New Institutional Accountability Regulations - Borrower Rights and Financial Responsibility Requirements (Sept. 9, 2019)

Our attorneys frequently present to the Higher Education industry at professional conferences and webinars. Our most recent presentations are available below.

• Federal Regulatory Update (DEAC) (October 24, 2022)
• FTC Initiative on Institutional Marketing Practices – What You Need to Know (CAPPS) (October 6, 2022).
• Campus Cybersecurity and Data Privacy (CSPEN) (August 15, 2022)
• Title IX – What You Need to Know (FAPSC) (August 4, 2022)
• Negotiated Rulemaking Update (MAACS) (July 28, 2022)
• CAAHEP/CHEA/Higher Education Accreditation Update (July 15, 2022)
• FTC'S Initiative On Institutional Marketing Practices- What You Need to Know (CECU) (June 2, 2022)
• Revised GLBA Safeguards Rule – Webinar (MAACS) (Feb. 24, 2022)
  
• Cybersecurity and Data Security – The Path Forward (ABHES) (March 10, 2022)
• Title IX Framework-What You Need To Know (DEAC) (Oct. 18, 2021)
• Current Legal Issues-Where We Are and Where We Are Headed (CSPEN) (Aug. 19, 2021)
• Campus Cybersecurity-A Practical Approach to Implementation (CSPEN) (Aug. 18, 2021)
• Cybersecurity and Data Protection Issues (FAPSC) (Aug. 5, 2021)
• Podcast: Cybersecurity in Higher Ed, Data Crunch Podcast (July 2021)
  
• Campus Cybersecurity: The Path Forward (CECU) (June 15, 2021)
• Campus Cybersecurity: The Path Forward (Mar. 17, 2021)
• Institutional HEERF Grant Usage and Reporting (PAPSA) (Oct. 16, 2020)
• Federal Regulatory Update and Review (CAPPS) (Oct. 9, 2019)
• Borrower Defense to Repayment, Arbitration, and Class Action Waivers: What’s All the Fuss About? (CECU) (Aug. 22, 2019)

• Borrower Rights and Financial Responsibility Requirements (Oct. 2019)