Check published claims about a Title IV educational program
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the brochure, webpage, or other material, list each claim about accreditation, transfer or acceptance of credits, licensure, completion requirements, admissions selectivity, or the time required to finish. Do not rewrite the material, and do not decide that a claim is a misrepresentation.
- What the lawyer must review
- You decide whether a claim is a substantial misrepresentation. 34 CFR 668.71(b) treats an eligible institution as engaging in substantial misrepresentation when the institution, a representative, or a person with an agreement to provide educational programs or marketing, advertising, recruiting, or admissions services makes a substantial misrepresentation about the nature of its educational program, its financial charges, or the employability of its graduates. The prohibition covers advertising, promotional materials, and the marketing or sale of courses. A misrepresentation includes a false, erroneous, or misleading statement, a statement that omits information so as to make it false, erroneous, or misleading, and a statement with a likelihood or tendency to mislead under the circumstances. A substantial misrepresentation is one on which the person could reasonably be expected to rely, or has reasonably relied, to that person's detriment. Section 668.71(a) allows the Secretary, on such a determination, to revoke a program participation agreement where the institution is provisionally certified, to impose limitations where it is provisionally certified, to deny participation applications, or to start a proceeding under subpart G. Section 668.72 lists examples about the nature of the program, including the type and extent of accreditation, transferability of the institution's credits and acceptance of credits from elsewhere, whether completion qualifies the student to take a licensing examination in the States where the program is offered, completion requirements and grounds for ending enrollment, admissions selectivity where the institution uses open enrollment, a Title IV classification that differs from the Secretary's, certifications that were not obtained or that stay in the materials after revocation, and a pace or time to complete that is contrary to the stated length. Read the whole of section 668.72. Sections 668.73 and 668.74 were not opened, so their examples are not restated here.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Calculate operative dates independently from the current rule and actual triggering event. Check exceptions and record the verified deadline.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm that the wording reflects the client’s instructions and contains no unintended admission, concession or commitment. Check the recipient and tone.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.
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