Dickstein Shapiro’s Education Practice takes a comprehensive, interdisciplinary approach to education law. Representing organizations throughout the education industry, from educational institutions to education service providers to investors and stakeholders in education service companies, the firm’s Education Practice attorneys collaborate closely with attorneys in the firm’s Corporate & Finance, Intellectual Property, and Insurance Coverage practices to provide legal advice and support that helps clients fulfill their missions in the education sector. With decades of experience in private practice, the firm’s Education Practice attorneys also served in senior management positions in the U.S. Department of Education, as director and general counsel of a leading education trade association, and in Congress with a special focus on educational issues. They also have served on the boards of trustees of major colleges and universities. One of the firm’s Education Practice attorneys was named one of 20 most influential people in career education in 2008, the only attorney included in this group.

The practice focuses on representing clients in the education industry in legislation and negotiated rule-making, regulatory compliance, and transactions. Additionally, attorneys at the firm represent universities and other providers of education services in obtaining insurance coverage for a variety of losses; in intellectual property matters, such as copyright disputes and acquiring and licensing patents; and in immigration matters. Firm attorneys also have significant experience in qui tam (whistleblower) actions.

Legislation and Negotiated Rule-Making

Dickstein Shapiro provides advocacy and representation to a number of organizations in the proprietary postsecondary education industry in legislation and negotiated rule-making and other policy matters. These include:

• The Higher Education Act and other legislation related to federal student financial aid;
• Negotiation of rule-makings with the U.S. Department of Education, either as negotiator or as technical advisor;
• Higher education policy issues, such as improvements to the veterans’ educational benefits;
• Appropriations from Congress for research and other projects for universities; and
• Participation in passage of the No Child Left Behind Act.

Regulatory Compliance

Dickstein Shapiro provides regulatory and compliance counseling and advice to a number of organizations in the postsecondary education industry. These matters include:

•  Proceedings, administrative actions, investigations, and inquiries regarding compliance with federal student financial aid regulations;
• Administrative actions taken by regional and national accrediting bodies;
• Proceedings, administrative actions, and investigations by state education agencies;
• Eligibility requirements to participate in federal student financial aid programs;
• Changes of control before the U.S. Department of Education as well as regional and national accrediting bodies, state education agencies, and state attorneys general;
• Disputes with faculty and students; and
• Compliance with applicable laws and regulations impacting higher education institutions, such as the Fair Labor Standards Act, the Federal Trade Commission’s Red Flag Rule, and the Truth in Lending Act.

Transactions

Dickstein Shapiro provides postsecondary education institutions, other education service providers, and financial and strategic purchasers in the education industry with comprehensive representation and support in transactional matters. These matters include:

• Mergers and acquisitions;
• Financing transactions;
• Joint ventures and other strategic transactions;
• Licensing transactions;
• Teach-out arrangements; and
• Articulation, cooperative, consortium, third-party servicer, and other similar agreements.

Representative Client Experience

Dickstein Shapiro’s Education Practice represents clients throughout the education industry in a number of matters, including representation of:

• Postsecondary education institutions, in initial eligibility and reinstatement to participate in federal student financial aid programs;
• ITT Educational Services, Inc., in its acquisition of Daniel Webster College, a not-for-profit institution accredited by the New England Association of Schools and Colleges;
• Summit Partners, in its acquisition of Touro University International, the online division of Touro College;
• Carlyle Group, in the formation of the Apollo Global, Inc., a joint venture with Apollo Group, Inc. (University of Phoenix), to acquire proprietary postsecondary education institutions outside of the United States;
• Rockbridge Equity Partners, in the acquisition of Northcentral University;
• Various postsecondary education institution clients, in responding to program review findings relating to ineligible students, late returns of federal funds, failure to submit IPEDS surveys in a timely manner, and other issues;
• A postsecondary education industry client, in writing an opinion letter on the application of the incentive compensation safe harbor regulation;
• A postsecondary education institution, in responding to accrediting agency action relating to financial responsibility;
• Post-secondary institutions seeking coverage for claims brought against them, in litigation against, and negotiations with insurance carriers, including claims for alleged errors and omissions in admissions and education; 
• Instituto de Banca and National College of Business and Technology, in their sale to Leeds Equity Partners, LP; and
• Allied Capital Corporation, in the sale of Wyoming Technical Institute to Corinthian Colleges, Inc.