UPDATE: On April 11, the Department of Education (Department) published a blog post updating the latest Third-Party Services (TPS) Dear Colleague Letter (DCL) which was published on February 15, 2023 (updated February 28, 2023). Our summary of the February 15th DCL is below.
In the blog post, the Department announced it was in the process of developing an updated DCL (after receiving over 1,000 comments on the February version), but it “wanted to highlight several key pieces of information that [it] think[s] the community should be aware of right away.” specifically, the Department (1) identified several activities that do not trigger the TPS rules; (2) noted its intent to remove the provision of the guidance relating to foreign ownership of TPS; and (3) noted its intent to provide clarifications based on the public comments submitted last month. Rather than the (now defunct) September 1, 2023, effective date of the February DCL, the blog post noted the effective date of any future guidance will be at least six months after the revised DCL is published.
UPDATE: On February 28, 2023, the Department updated the Dear Colleague Letter issued February 15, 2023 to establish a future effective date for the guidance, extend