Katherine D. Brodie

Partner

  • Katherine D. Brodie
  • Phone: +1 202 776 5241

    Import to Address Book

  • Duane Morris LLP
    901 New York Avenue N.W., Suite 700 East
    Washington, DC 20001-4795
    USA

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

  • Negotiated favorable settlement of U.S. Department of Education program review liabilities assessment for regulatory issues pending for over a decade. Resulted in a 35% reduction in liabilities, avoiding negative financial impact on college financial statements and resolution of decade long investigation. As the sole negotiator with the U.S. Department of Education for the college, worked directly with U.S. Department of Education General Counsel office and the college president.

  • Advised University on strategic decision to initiate managed teach out of two significant educational programs to ensure compliance with governance, federal, state and programmatic accreditation requirements. Advised new General Counsel on how to manage significant program closures to mitigate liabilities and conform to regulatory responsibilities.

  • On behalf of private nonprofit educational organization, managed negotiation of potential merger with a Pennsylvania private nonprofit college. Worked with firm nonprofit organization specialist to document and manage accreditation and governance issues.

  • 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

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