Webinar

The Financial Value Transparency Wake-Up Call: Navigating a New Compliance and Business Landscape

November 30, 2023 | 1:00 pm 3:00 pm EST

About this Event

On September 28, 2023, the U.S. Department of Education, Office of Postsecondary Education, published a new Final Rule governing Gainful Employment programs and, separately, a new Financial Value Transparency Framework that would apply to “nearly all academic programs at postsecondary institutions.” The Department will establish performance benchmarks for each program based on information institutions will be required to report and earnings data to be provided by a federal agency. Information regarding each program’s performance will then be available on the Department’s website, and institutions will be required to disclose its availability to prospective and current students.  For graduate degree programs with failing outcomes under the debt-burden measures, prospective students will be required to acknowledge viewing the Department’s new website before entering into an enrollment agreement.  For failing non-degree programs, institutions must adhere to warning and disclosure requirements for both prospective and current students.  And non-degree programs that fail multiple years will lose Title IV eligibility. 

Join us for this 2-hour webinar in which two expert NACUA member attorneys will discuss: 

  • The origins of the Financial Value Transparency and Gainful Employment Rule,
  • The new reporting and disclosure requirements under the Rule and the logistical challenges to expect in establishing compliance,
  • How the Department will evaluate each academic program and the likely potential consequences of receiving “high-debt-burden” or “low-earning” labels, and
  • How to prepare campus leaders and stakeholders to build Financial Value Transparency evaluations into academic program planning and review.

Who Should Attend?

This webinar will be of interest to lawyers employed by colleges and universities within the Office of General Counsel and in various roles throughout the institution, outside counsel, and senior institutional leaders. 

Speakers

R. Yvette Clark

Senior Vice President and General Counsel

Southern New Hampshire University

R. Yvette Clark is Senior Vice President and General Counsel at Southern New Hampshire University.  She previously served as General Counsel at Cambridge College and at Stephen F. Austin State University, and as Assistant General Counsel at the University of North Texas and the University of North Texas Health Science Center.  She served as a law clerk in the Texas Attorney General’s Office.   

Yvette was appointed by Texas Governor Ann Richards to the Texas Guarantee Student Loan Board and served as President of the Texas Association of Chicanos in Higher Education and the Texas Association of State University Attorneys. Yvette holds a B.A. from Yale University and her J.D. from University of Texas School of Law.

Aaron D. Lacey

Partner

Thompson Coburn

Aaron Lacey is a Partner at Thompson Coburn where he chairs the firm’s Higher Education Practice and assists institutions to navigate a wide range of complex legal and regulatory matters. Aaron has substantive experience in federal, state, and accrediting agency laws and standards that govern postsecondary institutions, and regularly advises on issues involving students, faculty and staff, facilities, academics, governance, and operations. He also leads the Firm’s extremely active higher education transactional practice. He and his colleagues have experience negotiating, documenting, and implementing merger, asset acquisition, stock acquisition, joint venture, and religious sponsorship and affiliation transactions for both nonprofit and proprietary higher education clients. In recent years, the practice has managed numerous non-traditional arrangements, as well, including for-profit to non-profit conversions and the acquisition of distressed institutions.  

Aaron and his colleagues are valued for their deep understanding of the postsecondary regulatory framework, including requirements relating to the federal financial aid programs, incentive compensation, distance education, the Clery Act, FERPA, and Title IX, among others. In October 2017, Aaron was selected by the U.S. Department of Education to serve as one of 17 negotiators charged with overhauling the Department’s complex and controversial “borrower defense” rule. The Department appointed him to negotiate on behalf of general counsels, attorneys, and compliance officers at postsecondary institutions nationwide.  

Aaron routinely represents institutions in administrative proceedings before state licensing entities, accrediting agencies, and the U.S. Department of Education, including matters arising from audits, program reviews, and investigations of the Office of Inspector General. He assists with the management of regulatory and government agency relationships, policy creation and implementation, strategic planning, and compliance systems design. In support of institutional initiatives, Aaron drafts and negotiates a wide variety of agreements, including domestic and international articulation, consortium, licensing, marketing, and bundled service provider (OPM) contracts.  

The host of the Firm’s popular Higher Education Webinar Series, and editorial director of REGucation, the Firm’s higher education law and policy blog, Aaron is a frequent writer and speaker on topics relating to higher education policy and regulation. He is a member of the National Association of College and University Attorneys and of the American Bar Association.

Program Schedule

TimeSession Topic
1:00 P.M. ETIntroductions
Origins of the new framework
Potential litigation and other obstacles to full implementation
The reporting and disclosure requirements 
How the metrics work
The consequences of a “high-debt-burden” or “low-earning” label
Implications for academic program planning and review
Questions and Answers
3:00 P.M. ETConclusion

Webinar Recording

Members who purchase the Live Webinar will receive access to the Post-Event Recording in the Online Learning Center at no additional charge. Non-members will not have post-event access to the recording or the materials and should plan to download materials during the live webinar.

If you are a member and couldn’t attend live, the event recording will be available for purchase in our Online Learning Center. The recording may be replayed at any time, but may not be copied, posted, or otherwise distributed within or outside of the institution, organization, or firm. The license entitles the purchaser to replay the recording at one campus or at one location of any organization or firm. You can purchase the Post-Event Recording here.

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