Educational institutions and training providers, and the entities that support them, are subject to an increasingly complex and ever-changing regime of state laws and regulations that govern the offering of educational programs. In recent years, what constitutes appropriate state authorization for purposes of a college or university’s participation in federal student financial aid programs has been particularly dynamic, as have the requirements on whether an out-of-state provider of distance education programs must be authorized or licensed in a state. Understanding these and other state-level matters that can materially impact an institution is increasingly important, and Drinker Biddle’s lawyers are on the forefront of these issues. In addition to being familiar with the rule and procedures that state agencies use to administer a vast array of complicated laws and regulations, many of our lawyers have served at various levels of state government and have extensive personal contacts with state educational regulators throughout the country.

State Authorization and Oversight

Our experience includes:

  • Advised numerous institutions, both private nonprofit and for-profit, on the requirements governing distance education offerings in all 50 states and the District of Columbia.
  • Drafted state legislation and worked with the governor’s office of that state to secure the enactment of a revised statute regarding authorization of private postsecondary institutions.
  • Testified before state legislative committees regarding the U.S. Department of Education’s regulations on state authorization for institutions participating in the federal student financial aid programs.