Aaron Lacey assists higher education institutions in navigating 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 its REGucation blog on higher education law and policy, Aaron is a frequent writer and speaker on topics relating to higher education policy and regulation.
Examining Title VI Compliance for Institutions of Higher Education
December 10, 2024
Consumer Financial Protection Bureau tells institutional lenders to cease withholding transcripts
October 11, 2024
The Latest on ED’s Financial Value Transparency and Gainful Employment Rule
September 3, 2024
Thompson Coburn Releases 2024 Title IX Training Series for Institutions of Higher Education
August 1, 2024
ED’s New Financial Responsibility Rules Deserve Attention
June 17, 2024
ED’s Latest Financial Value Transparency/Gainful Employment Guidance
April 16, 2024
ED further delays third-party servicer guidance, clarifies significant policies
April 12, 2024
ED’s Evolving State Authorization and Professional Licensure Requirements
April 4, 2024
Aaron Lacey Discusses Potential Consolidation of UA and UAGC
March 7, 2024
Aaron Lacey Discusses Complexities of Mergers in Higher Education
February 8, 2024
The Higher Education Regulatory Outlook for 2024
January 30, 2024
Free Desk Guide and Webinars: ED’s Final Financial Value Transparency and Gainful Employment Rule
December 1, 2023
ED’s latest BDR guidance, and why institutions should always respond to claims
November 16, 2023
Projecting Debt-to-Earnings Rates Under ED’s New Financial Value Transparency and GE Rule
November 14, 2023
ED’s New Financial Value Transparency and Gainful Employment Rule
November 7, 2023
Aaron Lacey Discusses Impact of New Rules from U.S. Education Department
October 26, 2023
Responding to Student Borrower Defense to Repayment (BDR) Claims: 2023 Edition
September 21, 2023
Time to develop protocols for responding to borrower defense claims (despite Sweet and Fifth Circuit injunction)
September 1, 2023
ED’s Proposed Financial Value Transparency and Gainful Employment Rule
June 6, 2023
ED’s new rule to decide and disclose the “financial value” of every Title IV program at every school
May 25, 2023
90/10 rule compliance strategies and considerations for proprietary institutions of higher education
May 3, 2023
Thompson Coburn Assists in Creation of Lindenwood Education System and Acquisition of Dorsey College
April 12, 2023
Safeguarding the Data and Your Compliance Program – USED and GLBA
March 28, 2023
A review of ED’s new third-party servicer guidance and suggestions for public comment
March 27, 2023
JD Supra names Aaron Lacey a 2023 Readers’ Choice Top Author for Education
March 7, 2023
ED issues significant third-party servicer guidance and launches review of Incentive Compensation Rule
February 22, 2023
The Higher Education Regulatory Outlook for 2023
January 24, 2023
Title IX update: Important new ED guidance concerning pregnancy
October 25, 2022
ED’s Proposed Borrower Defense to Repayment Rule: A Detailed Examination
July 29, 2022
Department of Education proposes sweeping revisions to Borrower Defense to Repayment rule
July 11, 2022
ED’s New Title IX Rule: A Careful Review and Suggestions for Public Comment
July 7, 2022
Department of Education agrees to mass granting of BDR applications to settle lawsuit
July 1, 2022
U.S. Department of Education unveils proposed revisions to Title IX regulations
June 23, 2022
ED’s Increased Scrutiny of College Contracts with Online Program Managers
May 17, 2022
New GAO report signals increased scrutiny of Higher Ed contracts with online program managers
May 11, 2022
Negotiated rulemaking and the new 90/10 rule
April 13, 2022
Department of Education moves to make owners, investors, and controlling parties responsible for college and university liabilities
April 6, 2022
Responding to Student Borrower Defense to Repayment (BDR) Claims
February 9, 2022
The Higher Education Regulatory Outlook for 2022
December 14, 2021
Postsecondary Institutions: Business Considerations
July 13, 2021
Examining ED’s Incentive Compensation Rule
May 6, 2021
Higher Education Transactions: Valuation & Structure
February 23, 2021
The Regulatory Outlook for Higher Education
January 28, 2021
Higher Education Emergency Relief Funds reporting requirements
December 29, 2020
COVID IV legislation: A summary of provisions most impacting higher education
December 23, 2020
Analyzing ED’s New Distance Education Rule
September 28, 2020
Free Title IX compliance checklist for institutions of higher education
August 12, 2020
Thompson Coburn releases free Title IX training series for institutions of Higher Education
July 24, 2020
Title IX Module 4: Title IX Hearings
July 16, 2020
Title IX Module 5: Title IX Determinations
July 16, 2020
Title IX Module 6: Title IX Appeals
July 16, 2020
Title IX Module 3: Title IX Investigations & Informal Resolutions
July 15, 2020
Title IX Module 1: An Introduction to Managing Title IX Sexual Harassment on Campus
July 14, 2020
Title IX Module 2: Formal Complaints of Title IX Sexual Harassment
July 14, 2020
Getting Ready for USED’s New Student Disclosure Requirements
June 10, 2020
USED’s New Title IX Rule: A Detailed Examination
May 20, 2020
Making Clery Act notifications during COVID-19
May 11, 2020
CARES Act funds: Significant new USED guidance includes surprises
April 22, 2020
The CARES Act for Higher Education: Strategy and Implementation
April 20, 2020
ED issues instructions to Higher Ed to obtain CARES Act funds
April 9, 2020
Contingency Planning for Distressed Institutions of Higher Education
April 8, 2020
The CARES Act: More options for higher education
April 3, 2020
The CARES Act: Summary of provisions impacting higher education institutions and borrowers
March 27, 2020
COVID-19: Is there a silver lining for higher education?
March 26, 2020
A Year-End Roundup of USED Rulemaking Activity
December 17, 2019
Blog Browse: Higher education should pay attention to the CCPA
December 16, 2019
Higher education should pay attention to the CCPA
December 16, 2019
Colleges should prepare: ED loan discharge letters on the way
December 2, 2019
An Examination of ED’s New Borrower Defense Rule: Financial Responsibility and Related Reporting Requirements
September 24, 2019
An Examination of ED’s New Borrower Defense Rule: The Borrower Defense Claim Process
September 23, 2019
Examining the USED Approval Process for Higher Ed Mergers and Acquisitions
August 28, 2019
Making sense of ED’s State Authorization Rule
August 6, 2019
A Midsummer Update on USED Rulemaking Activity
July 16, 2019
Charitable Giving for Institutions of Higher Education
May 29, 2019
Advertising and Communications for Institutions of Higher Education
April 30, 2019
Guidance on Borrower Defense Regulations
March 27, 2019
The Road from the Final Four
February 20, 2019
USED’s Proposed Title IX Rules: A Detailed Examination
November 29, 2018
Mergers and acquisitions in higher education: Considering the letter of intent
September 10, 2018
Disclosure Requirements for Online and Distance Professional Licensure Programs
April 17, 2018
Borrower Defense Rule: Negotiated Rulemaking Session 3
February 21, 2018
Borrower Defense Rule: Negotiated Rulemaking Session 2
January 24, 2018
Borrower Defense Rule: Negotiated Rulemaking Session 1
December 13, 2017
Cybersecurity lapses could cost Title IV eligibility for higher ed
December 7, 2017
Gainful Employment and the AACS court decision: What it means for schools
June 30, 2017
Gainful Employment Disclosures and Student Warnings
March 23, 2017
New Audit Guidelines for Higher Educational Institutions
February 1, 2017
Final Borrower Defense Rule Webinar Series
November 29, 2016
Borrower Defense Rule Webinar Series
August 24, 2016
A look at the legal issues in the transgender bathrooms debate
August 5, 2016
Gainful Employment Webinar Series
February 11, 2016
Is your institution of higher education covered by HIPAA?
February 3, 2016
Can colleges compensate recruiters based on graduation rates?
January 12, 2016
Why the GE regs apply to some programs and not others
October 19, 2015
Competency-Based Education
September 16, 2015
Gainful employment reporting: Institutional debt and unpaid charges
July 10, 2015
The Clery Act
June 16, 2015
FERPA and subpoenas for student records
March 24, 2015
Why colleges in bankruptcy should have access to federal financial aid
October 7, 2014
Can colleges reward students and alumni for referring new students?
August 11, 2014
- National Association of College and University Attorneys
- American Bar Association
- Author, “Financial Responsibility Reporting Under the Borrower Defense to Repayment Rule,” Thompson Coburn LLP – Compliance Guide
(August 2021) - Co-Author, “Institutional Loans: Compliance Considerations,” Thompson Coburn LLP – Compliance Guide
(July 2021) - Author, “Maintaining Compliance with the Evolving 90/10 Rule,” Thompson Coburn LLP – Compliance Guide
(April 2021) - Author, “Reporting Litigation and other Triggering Events to the U.S. Department of Education under the Borrower Defense to Repayment (BDTR) Rule”
National Association of College and University Attorneys – NACUANOTE (February 2020) - Author, “How to Project Gainful Employment Rates,” Thompson Coburn LLP – Compliance Guide
(March 2016) - Co-Author, “Rethinking the Regulatory Environment of Competency-Based Education”
American Enterprise Institute’s Center on Higher Education Reform (May 2015) - Author, “FERPA and Subpoenas for Student Records”
REGucation (March 2015)
- Presenter, “The Federal Regulatory Outlook for Postsecondary Institutions”
National Association of State Administrators and Supervisors of Private Schools – 2021 Virtual Conference (October 2021) - Co-Presenter, “Incentive Compensation & Misrepresentation”
The Postsecondary National Policy Institute – Higher Education Boot Camp on Program Integrity (October 2021) - Co-Presenter, “Navigating Legal and Regulatory Issues Online”
National Association of College and University Attorneys – Virtual Annual Conference (June 2021) - Co-Presenter, “School Mergers & Acquisitions: Advanced Topics”
Career Education Colleges and Universities – Annual Convention (June 2021) - Co-Presenter, “Ownership Structures, Changes, and Mergers”
National Association of State Administrators and Supervisors of Private Schools – Spring Regulator Workshop (April 2021) - Co-Presenter, “Higher Education Transactions: Valuation & Structure”
Thompson Coburn LLP – Webinar (February 2021) - Co-Presenter, “Going Online: Top Regulatory and Operational Considerations for a Remote Model”
EDUCAUSE– Annual Conference (October 2020) - Co-Presenter, “Professional Licensure Notifications Now Required!”
WCET-State Authorization Network – Webinar (August 2020) - Co-Presenter, “Title IX Training Series”
Thompson Coburn LLP – Six-Part YouTube Training Series (July 2020) - Presenter, “State Authorization, Borrower Defense, and Gainful Employment”
California Association of Student Financial Aid Administrators – Annual Conference (November 2019) - Presenter, “Examining the USED Approval Process for Higher Ed Mergers and Acquisitions”
Thompson Coburn LLP – Webinar (August 2019) - Co-Presenter, “What General Counsel Should Know About the U.S. Department of Education’s New Rules”
National Association of College and University Attorneys – Annual Conference (June 2019) - Co-Presenter, “The Role of Receiverships, Bankruptcies, and Other Restructuring Options in Higher Education”
National Association of State Administrators and Supervisors of Private Schools – Annual Conference (April 2019) - Panelist, “A Look at the U.S. Department of Education’s Regulatory Agenda”
New York State Financial Aid Administrators Association – Podcast (March 2019) - Presenter, “USED’s Proposed Title IX Rules: A Detailed Examination”
Thompson Coburn LLP – Webinar (November 2018) - Presenter, “Update on Federal Regulation of Distance Education”
Arizona State Authorization Reciprocity Agreement Council – Annual Forum (May 2018) - Presenter, “Managing ADA Accommodations in the Clinical Setting”
National Conference on Allied Health Education (March 2018) - Presenter, “Consumer Information Boot Camp”
Missouri Association of Student Financial Aid Personnel – Annual Conference (November 2017) - Presenter, “The State of Gainful Employment: Current and Future Challenges for Schools”
National Association of State Administrators and Supervisors of Private Schools – Annual Conference, (April 2017) - Panelist, “Regulatory and Compliance Aspects of International Online and Continuing Education”
University Professional & Continuing Education Association (February 2017) - Co-Presenter, “FSA: The New Audit Guide”
New York State Financial Aid Administrators Association (January 2017) - Presenter, “Gainful Employment: Preparing for the Next Six Months”
Kansas Board of Regents – Annual State Meeting (October 2016) - Presenter, “Structuring International Recruiting and Marketing Arrangements”
Association of Private Sector Colleges and Universities – Annual Conference (June 2016) - Co-Presenter, “Federal Perspectives in Higher Education”
United States Distance Learning Association National Conference (May 2016) - Panelist, “The Promise (and Perils) of Competency-Based Education”
University Professional & Continuing Education Association and Penn State University (September 2015) - Presenter, “Title IX on the Christian Campus”
Council for Christian Colleges and Universities – 39th Annual President’s Conference (January 2015)