Katherine D. Brodie leads the Washington, D.C., team of the firm’s national education law and policy practice and serves as a Team Lead for the Duane Morris Education industry group. She is one of a small number of attorneys in the United States with a daily practice devoted primarily to the needs of educational institutions (nonprofit, public and proprietary), education associations, education companies and investors in education. She has a strong interest in supporting mission-driven educational institutions and their partners to effectively lead and adapt to the rapid pace of change in the U.S. education sector while maintaining high quality educational services as measured in cost, accessibility and student outcomes.
Ms. Brodie’s experience includes, among other areas of the law, those laws and regulations that directly impact educational institutions, including U.S. Department of Education regulations (Title IV student financial aid); Title IX compliance and response; Clery Act/campus safety; privacy and data security; accrediting agency standards including substantive change (ownership and governance, program, location and other changes); state licensing and authorization; admissions and marketing; online and hybrid education; foreign school and overseas operations including study abroad programs; OPM and partnership agreements; income share agreements; and skills-based, non-degree short term programs. Her advice also includes compliance with U.S. Department of Homeland Security (DHS) Student Exchange Visitor Program (SEVP), U.S. Department of Veterans (VA)/U.S. Department of Defense (DOD) education benefits, Workforce Innovation and Opportunity Act (WIOA) participation and funding, state education grant programs, and other federal and state regulations and programs relevant to institutional operations. Because the needs of institutions are so diverse, she is often aided in her work by subject matter professionals in the firm’s other disciplines including tax, employment, real estate, immigration, corporate and trial.
She is a frequent speaker and writer on higher education topics and trends and, as a registered federal lobbyist, advocates before the U.S. Congress and U.S. Department of Education on education policy reform and funding proposals.
Areas of Practice
- Accreditation and State Licensure
- Civil Rights Compliance
- Distance Education
- Foreign Schools, Foreign Operations and Study Abroad
- Governance
- Student Financial Aid
- Government Investigations
- Administrative Law
Representative Matters
Strategic and regulatory advice related to multi-year project to establish a new graduate institution of higher education, including nonprofit formation, state postsecondary licensing, accreditation and Title IV federal aid participation.
Strategic and regulatory advice related to establishment of new higher education accrediting agency in the aviation sector, including organizational formation, standards development, funding, and federal regulatory issues.
Assisted Recording Radio Film Connection, Inc. (RRFC) with settling a multiyear investigation by the Office of the Attorney General for the Commonwealth of Massachusetts. RRFC offers mentorship-based online programs in broadcasting, recording and film, and despite not having a physical presence in Massachusetts, a 2016 state law required that out of state businesses providing online education to state residents provide certain disclosures, and the attorney general alleged that RRFC failed to accurately calculate and disclose finance changes and percentage rates on contracts entered into by Massachusetts students. The investigation was narrowed and ultimately settled for $250,000 and without interruption to RRFC’s ability to continue serving Massachusetts students.
Represented Valley College, a for-profit college with educational centers in West Virginia and Ohio, in connection with its sale to Hilbert College, a small Franciscan institution in western New York. The colleges will operate independently under a new nonprofit parent entity called Franciscan Services, together serving more than 200,000 students.
Assist Title IV participating institutions of higher education with responding to and limiting the scope of, and liabilities or fines associated with, Title IV program reviews and audits related to federal student financial aid programs, including Clery Act reviews.
Obtained a ruling from the U.S. District Court in the District of Columbia in favor of the American Association of Cosmetology Schools, a trade association of proprietary colleges in the cosmetology field, finding the U.S. Department of Education’s Gainful Employment Rule arbitrary and capricious with respect to application to association schools.
Serves as counsel to university affiliated medical center regarding accreditation and related issues.
Serves as counsel to coding boot camp provider regarding state law compliance, accreditation and marketing issues.
Serves as education regulatory counsel to buyers, sellers and investors in sale or acquisition of postsecondary institutions including state, accrediting agency and U.S. Department of Education compliance regarding same.
Experience assisting institutions of higher education in responding to state education agency and state attorney general requests for information and formal investigations.
Assisted study abroad program provider with strategic restructuring to meet accreditation and other long term operational goals.
Provide tailored counsel to universities and colleges on campus sexual misconduct policies and procedures – Title IX and Clery Act.
Advise institutions regarding compliance with Title IV incentive compensation ban, bundled service arrangements, and lead generation agreements.
Assist institutions with defining and managing risk under service contracts with service providers, including Third Party Service providers as defined by Title IV regulations.
Represent institutions in responding to show cause, withdrawal and adverse accrediting agency actions.
Admissions
- Washington, D.C.
- Virginia
Education
- The George Washington University Law School, J.D., 1997
- Editor, Law Review - Bowdoin College, A.B., with honors, 1990
Experience
Duane Morris LLP
- Partner, 2019-present
- Special Counsel, 2015-2018- Ritzert & Leyton P.C.
- Counsel, 2012-2015 - Association of Private Sector Colleges and Universities
- Vice President of Government and Legal Affairs, 2009-2012 - Akin Gump Strauss Hauer & Feld LLP
- Counsel, 2003-2009
- Associate, 1997-2003
Professional Activities
- Trustee, Bridges Graduate School of Cognitive Diversity in Education (Studio City, CA)
Selected Publications
- Co-author, "College and University Substantial Misrepresentation Risk – Department of Education Reminds Institutions of Rules and Obligations," Duane Morris Alert, October 18, 2024
- Co-author, "Bureau of Industry and Security Issues New Guidance to Academic Institutions on Complying with U.S. Export Controls," Duane Morris Alert, August 27, 2024
- Co-author, "Proposed Rule Regulating Online Education Now Open for Public Comment," Duane Morris Alert, July 31, 2024
- Co-author, "Department of Education's Title IX Final Rule Published," Duane Morris Alert, May 9, 2024
- Quoted, “Big Law Advises University Clients Amid 'Huge Influx of Demand' Over Protests,” The National Law Journal, May 3, 2024
- Co-author, "Department of Education Extends Data Reporting Deadline and Reiterates Intent to Implement the Financial Value Transparency and Gainful Employment Rules," Duane Morris Alert, April 3, 2024
- Co-author, "Department of Education's New Financial Responsibility, Administrative Capability, Certification and Ability to Benefit Regulations Challenge Institutions' Ability to Comply," Duane Morris Alert, November 22, 2023
- Co-author, "Institutions of Higher Education Must Act Prior to U.S. Department of Education System Upgrade," Duane Morris Alert, October 25, 2023
- Co-author, "Department of Education Publishes Financial Value Transparency and Gainful Employment Final Rule," Duane Morris Alert, October 23, 2023
- Co-author, "Department of Education Publishes Final Rules for Financial Value Transparency and Gainful Employment," Duane Morris Alert, September 29, 2023
- Co-author, "Colleges and Universities Put on Notice That Contractual Nondisclosure Language May Violate the Higher Education Act and Trigger Enforcement Action," Duane Morris Alert, July 31, 2023
- Co-author, "What Colleges and Universities Need to Know About the Department of Education's Impactful Proposed Institutional and Program-Level Rules," Duane Morris Alert, June 6, 2023
- Author, "USA Judge Rules That Esports Is Not A Sport Under Title IX: What Now?" LawInSport, May 23, 2023
- Author, “USA Judge Rules That Esports Is Not A Sport Under Title IX: What Now?” LawInSport, May 23, 2023
- Quoted, "Education Dept. Shocks Ed-Tech Experts and Colleges With Expansion of Oversight," Chronicle of Higher Education, February 22, 2023
- Co-author. "Department of Education Announces Unprecedented Expansion of Regulatory Jurisdiction Over Service Providers for Institutions of Higher Education," Duane Morris Alert, February 16, 2023
- Quoted, “The New Learning Partnerships,” Chronicle of Higher Education Report, February 2023
- Co author, "Department of Education Takes Steps Toward Student Loan Debt Forgiveness," Pratt's Journal of Bankruptcy Law, July/August 2022
- Co-author, "Educational Institutions: Proposed Title IX Regulations Once Again Shift Obligations of Institutions and Coordinators," Duane Morris Alert, June 29, 2022
- Co-author, "Department of Education Takes Steps Toward Student Loan Debt Forgiveness," Duane Morris Alert, May 3, 2022
- Co-author, "Supreme Court Denies Student Request to Block University Vaccine Mandate," Duane Morris Alert, August 16, 2021
- Co-author, "Department of Education Publishes Title IX Final Rule," Duane Morris Alert, June 2, 2020
- Co-author, "Higher Education Institution and Student Relief in the CARES Act," Duane Morris Alert, April 1, 2020
- Co-author, "Department of Education Issues Guidance on Safeguarding Civil Rights During COVID-19 Pandemic," Duane Morris Alert, March 18, 2020
- Co-author, "U.S. Department of Education Issues COVID-19 Guidance to Schools," Duane Morris Alert, March 12, 2020
Co-author, "Clery Act Compliance: October 1 Deadline for Colleges and Universities to Complete and Distribute Annual Security Report Is Fast Approaching," Duane Morris Alert, August 26, 2019
Co-author, "Critical Compliance Areas for Online Schools as 2016 State Authorization Rule Takes Effect," Duane Morris Alert, July 23, 2019
Quoted, "Colleges Turn to Law Firms to Sort Out Campus Crime Reporting," Big Law Business, July 15, 2019
Co-author, "Postsecondary Schools Subject to New Gainful Employment Disclosure Obligations as of July 1, 2019," Duane Morris Alert, June 13, 2019
Co-author, "U.S. Department of Education Confirms New Reporting Requirements Apply to Public Colleges and Universities," Duane Morris Alert, June 12, 2019
Co-author, "Deadline Draws Near for Compliance with U.S. Department of Education’s 2016 Borrower Defense to Repayment (BDR) Rule," Duane Morris Alert, May 8, 2019
Co-author, "The Trouble with Triggers: Newly Effective Postsecondary Institution Reporting Obligations Under the Borrower Defense to Repayment Rule," Duane Morris Alert, April 9, 2019
Co-author, "Implementing the 2016 Borrower Defense to Repayment (BDR) Rule - Arbitration Agreements and Class Action Waivers," Duane Morris Alert, March 21, 2019
Co-author, "U.S. Department of Education Publishes Title IX Amendments for Public Comment," Duane Morris Alert, December 3, 2018
Co-author, "Dept. of Education Establishes 30 Day Public Comment Period for Revised Borrower Defense to Repayment Rule," Duane Morris Alert, July 26, 2018
- Co-author, "'Forever GI Bill' Will Expand Post-9/11 GI Bill for Veterans, Service Members and Family," Duane Morris Alert, August 3, 2017
- Co-author, "U.S. Department of Education Senior Department Official Announces Decision to Terminate Federal Recognition of Higher Education Accreditor," Duane Morris Alert, September 23, 2016
- Co-author, "Clery Act Enforcement on the Rise: October 1, 2016 Deadline for Colleges and Universities to Complete and Distribute Annual Security Report Fast Approaching," Duane Morris Alert, August 30, 2016
- Co-author, "U.S. Department of Education Issues Additional Guidance for Higher Education Institutions Regarding Obligations Related to Third-Party Servicers," Duane Morris Alert, August 24, 2016
- Co-author, "Education and Justice Departments Issue Controversial Title IX Guidance on Transgender Students Equating Sex with Gender Identity," Duane Morris Alert, June 3, 2016
- Author, "Contingency Planning for School Closure - Key Considerations," Career Education Review, February 2016
- Author, "Title IX and VAWA: Building Safer Campuses," MaxKnowledge Training Course, (On-Line Title IX Coordinator Training Course), November 2015
- Co-author, "Student Data Protection in an Era of Education Technology Innovation," Duane Morris Alert, August 7, 2015
- Co-author, "Postsecondary Institutions Subject to the New Federal "Gainful Employment" Rule Have Until July 31, 2015, to Complete Reporting of Data to U.S. Department of Education," Duane Morris Alert, July 27, 2015
- Author, "U.S. Department of Education Releases Guidance on Title IV Eligibility for Students Without a High School Diploma Who Are Enrolled in Eligible Career Pathway Programs," Duane Morris Alert, June 25, 2015
Selected Speaking Engagements
- Speaker, "The Regulatory Landscape A Dynamic and Disruptive 12 Months," Duane Morris LLP Boot Camp for Education Legal Leadership, Webinar, January 24, 2024
- Speaker, "Student Loan Forgiveness/Education," Penn Federalist Society Symposium, March 31, 2023
- Speaker, "What Does It All Mean? The U.S. Department of Education’s Regulatory Reach Over Service Providers for Institutions of Higher Education," Duane Morris LLP Webinar, March 2, 2023
- Panelist, "Identifying, Reporting, and Responding to Questions About Foreign Gifts and Contracts," NACUA Virtual Conference, June 24, 2021
- Moderator, "90/10 Rule - Legal and Accounting Compliance Considerations," CECU 2021 Career Education Invention, Grapevine, Texas, June 15, 2021
- Presenter, Ed Tech Policy Session, ASU+GSU 2020 Virtual Summit, September 29, 2020
- Speaker, "Preparing for Implementation of the New Title IX Final Rule: Compliance and Risk Management Considerations," Duane Morris Institute (DMi), Webinar, June 5, 2020
Speaker, "BDR: Before, Now, and After," AACS Annual Convention, Las Vegas, September 29, 2019
Speaker, "Government Relations: Legal Update," AACS Annual Convention, Las Vegas, September 28, 2019
Speaker, "Government Relations: Legislative Update," AACS Annual Convention, Las Vegas, September 28, 2019
Speaker, "Title IX Training," AACS Annual Convention, Las Vegas, September 27, 2019
Speaker: U.S. Department of Education Gainful Employment Negotiated Rulemaking – 3-Part Webinar Series, January-March 2018
Speaker: U.S. Department of Education Borrower Defense to Repayment Negotiated Rulemaking – 3-Part Webinar Series, January – March 2018
- Presenter: Regions Conference, "Focus on Misrepresentation: Best Practices for Identifying and Mitigating Risk" and "Higher Education Act Update" - February 2017 (Kansas City, KS)
- Presenter: Accrediting Council for Continuing Education and Training, "Legal Workshop," 2016 Annual Conference, November 4, 2016 (Orlando, FL)
- Presenter: Accrediting Council for Continuing Education and Training, "Latest Legal Trends That Could Impact Your School," 2016 Annual Conference, November 5, 2016 (Orlando, FL)
- Presenter: Accrediting Council for Continuing Education and Training, "Annual Legal Update," 2016 Annual Conference, November 6, 2016 (Orlando, FL)
- Presenter: Accrediting Council for Continuing Education and Training, 2016 Annual Conference, November 1, 2016 (Albuquerque)
- Presenter: Career Colleges and Schools of Texas, 2016 Annual Conference, October 2016 (Austin)
- Presenter: Pennsylvania Association of Private School Administrators, "Title IV Misrepresentation Rule & Department of Education's Borrower Defense to Repayment Rulemaking - What You Need to Know;" July 21, 2016 (Harrisburg, PA)
- Presenter: "Title IV Misrepresentation Rule & Department of Education's Borrower Defense to Repayment Rulemaking - What You Need to Know," March 14, 2016 (Denver); April 19, 2016 (Philadelphia); and May 12, 2016 (Chicago), Regions Conference for Private Schools and Colleges
- Webinar Author and Co-Presenter: "Title IV Misrepresentation Rule & Department of Education's Borrower Defense Rulemaking - What You Need to Know Now," February 19, 2016
- Presenter, "Title IX and VAWA: Building Safer Campuses," 2015 Annual Conference of the American Association of Cosmetology Schools, October 25, 2015
- Lead Instructor, "Title IX Coordinator Training Course," 2015 Annual Conference of the American Association of Cosmetology Schools, October 26, 2015
- Speaker, "Leveraging the Present and Future of Social Media to Connect and Engage Future Graduates," 31st Annual Conference "Strong Student, Proud Graduates," California Association of Private Postsecondary Schools (CAPPS), October 8, 2015
- Webinar: "Gainful Employment Rule Compliance: Steps and Strategies for Finding Your Way Forward" for the membership of the Pennsylvania Association of Private School Administrators, August 5, 2015
- Webinar: "Gainful Employment Rule Reporting: An 'Up Against the Deadline' Final Review of Reporting Requirements and Q&A with Education Lawyers" for the membership of the Pennsylvania Association of Private School Administrators, July 15, 2015
- Webinar Presenter: Violence Against Women Reauthorization Act of 2013 (VAWA) and Title IX Requirements for Postsecondary Institutions, American Association of Cosmetology Schools, June 25, 2015
- Presentation on Violence Against Women Reauthorization Act of 2013 (VAWA) and Title IX Requirements for Postsecondary Institutions, 2015 Annual Conference, Association of Private Sector Colleges and Universities, Denver, CO, June 4, 2015