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Supreme Court Declines to Review Magnet School Admissions Policy Which Targeted a More “Diverse” Student Body and Shaped Racial...

On February 20, 2024, the United States Supreme Court denied a petition for a writ of certiorari in Coalition for TJ v. Fairfax County School Board. Coalition for TJ involves an admissions policy at a prestigious public...more

The U.S. Department of Education Issues Guidance on Race and School Programming

On August 24, 2023, the United States Department of Education's Office for Civil Rights ("OCR" or the "Department") released a Dear Colleague Letter (the "DCL") regarding "Race and School Programming." This DCL, which surely...more

ED Expands Oversight of Higher Education Service Providers

On February 15, 2023 (updated February 16, 2023), the United States Department of Education (“ED,” or the “Department”) released a Dear Colleague Letter[1](the “DCL”) regarding the “Requirements and Responsibilities for...more

OCR and Justice Department Recognize World Mental Health Day by Releasing Fact Sheet on Supporting and Protecting the Rights of...

Guidance outlines K-12 and Postsecondary Schools’ Response - On October 13, 2021, in connection with World Mental Health Day (October 10), the U.S. Department of Education’s Office for Civil Rights (“OCR”) and the U.S....more

10/19/2021  /  Disabilities , Mental Health , OCR , Students

Justice Department Settles with Brown University Regarding Responses to Students with Mental Health Disabilities, Providing...

On August 10, 2021, the U.S. Department of Justice (the “Department”) announced that it entered into a settlement agreement with Brown University to ensure that students with mental health disabilities have equal access to...more

Four Labor and Employment Issues Impacting Higher Education

Saul Ewing Arnstein & Lehr’s Higher Education Practice continues to monitor the impact of the COVID-19 pandemic on the higher education industry. The below summarizes some recent issues being contended with unionized...more

The U.S. Department of Education and the Office for Civil Rights at the U.S. Department of Health and Human Services Release...

On December 19, 2019, the U.S. Department of Education and the Office for Civil Rights at the U.S. Department of Health and Human Services released updated joint guidance addressing the application of the Family Educational...more

NCAA to Allow Student-Athletes to be Paid for Name, Image, and Likeness

The NCAA’s Board of Governors unanimously voted on Tuesday “to permit students participating in athletics the opportunity to benefit from the use of their name, image, and likeness in a manner consistent with the collegiate...more

Pennsylvania Court Finds College Has Limited Duty to Provide Athletic Trainers to Student Athletes

Recently, the Pennsylvania Supreme Court ruled that Lackawanna College could face gross negligence and recklessness claims from two student football players by creating an expectation that athletic trainers would be available...more

Higher Education Highlights Summer 2019

Esports - Electronic sports (esports), also known as competitive video and computer gaming, continues to boom in popularity. Esports is a spectator-driven phenomenon: some reports estimate the global esports audience will...more

Department of Education New Proposed Title IX Regulations

The United States Department of Education released its new proposed Title IX regulations addressing sexual harassment (including sexual assault) today. ...more

Higher Education Highlights - Summer 2017

Professor Deprived of Due Process Through Salary Reduction - Due process with respect to an employee’s property interest in employment is a vitally important consideration at public institutions, and, as a recent case...more

Higher Education Highlights - Spring 2016

Upcoming changes to the Fair Labor Standards Act salary-basis test may convert many of your smartphone-toting exempt employees into non-exempt employees, requiring you to track the evening and weekend time these employees...more

Higher Education Highlights - Fall 2015

Risk managers who also happen to be attorneys are not always protected by the attorney-client privilege, according to a recent decision by the U.S. District Court for the Eastern District of Pennsylvania. In Casey v. Unitek...more

Higher Education Highlights - Summer 2014

In This Issue: - Questions and Answers on Title IX and Sexual Violence: Five Key Questions That Have Actually Been Answered – and Five New Questions - Supreme Court Asked If State Universities Are Exempt From...more

Questions and Answers on Title IX and Sexual Violence: Five Key Questions That Have Actually Been Answered – and Five New...

On April 29, 2014, the Office for Civil Rights of the United States Department of Education (“OCR”) issued a “significant guidance document” that sought to address many of the questions that arose in the wake of the April 4,...more

Higher Education Highlights - Summer 2013

Contents: - Clery Act Amendments May Impact Title IX Best Practices - Student Speech and Liability in MOOCs – a Brave New World - Assistance and Emotional Support Animals Are Just the Tip of the...more

Higher Education Highlights - Spring 2013

In This Issue: - U.S. Supreme Court to Rule on Causation Factor in Retaliation Claims - Student Sues University Over the Right to Keep a Guinea Pig in a College Dorm for Emotional Support - Delaware...more

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