Holland & Knight previously explained how a Kansas federal district court's unique injunction against the U.S. Department of Education's (Department) enforcement of the 2024 Title IX regulations impacted schools nationwide....more
A federal district court in Kansas enjoined the U.S. Department of Education's (Department) enforcement of the 2024 Title IX regulations in a unique manner that impacts educational institutions nationwide. The decision...more
7/19/2024
/ Department of Labor (DOL) ,
Educational Institutions ,
Enforcement ,
Gender Identity ,
Pending Litigation ,
Preliminary Injunctions ,
Public Schools ,
Sexual Harassment ,
State Attorneys General ,
Title IX ,
Transgender
As it promised in June, the Biden Administration published much-anticipated federal guidance on higher education admissions on Aug. 14, 2023. The U.S. Department of Education's Office for Civil Rights (ED) and U.S. Department...more
8/24/2023
/ Affirmative Action ,
Biden Administration ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Dear Colleague Letter ,
Department of Education ,
Diversity ,
Educational Institutions ,
New Guidance ,
Students for Fair Admissions v Harvard College ,
Universities
In a historic ruling on June 29, 2023, the U.S. Supreme Court held that the race-conscious admissions policies of Harvard College and the University of North Carolina at Chapel Hill (UNC) are unconstitutional. A copy of the...more
6/30/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Universities
In an effort to remind school officials of their obligations to protect student privacy, the U.S. Department of Education (ED) has issued guidance on the Family Educational Rights and Privacy Act (FERPA) that focuses on the...more
4/27/2023
/ Colleges ,
Department of Education ,
Educational Institutions ,
FERPA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Sharing ,
Medical Records ,
New Guidance ,
PHI ,
Public Schools ,
Student Privacy ,
Student Records ,
Students ,
Universities
Massachusetts Gov. Charlie Baker signed on Jan. 12, 2021, landmark legislation addressing sexual violence on college and university campuses. The new law is the state's version of Title IX, the federal law prohibiting sex...more
1/18/2021
/ Clery Act ,
Colleges ,
Educational Institutions ,
Gender-Based Violence ,
Governor Baker ,
New Legislation ,
Preemption ,
Sexual Assault ,
Sexual Violence Policies ,
Title IX ,
Universities
There have been many changes to immigration processes and procedures in the United States as a result of the coronavirus (COVID-19) pandemic. Holland & Knight's sixth installment of alerts focusing on immigration under...more
After a lengthy notice and comment process and much anticipation, new Title IX regulations were issued by the U.S. Department of Education on May 6, 2020. The regulations comprise approximately 25 pages, and the preamble to...more
5/15/2020
/ Colleges ,
Dear Colleague Letter ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Federal Funding ,
Gender-Based Violence ,
OCR ,
Rape ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
Following the outbreak of the novel coronavirus (COVID-19), the federal government has provided financial assistance opportunities that may be available to private elementary and secondary independent schools under the...more
The fluid and fast-changing impact of the new coronavirus (COVID-19) has left institutions of higher education (IHEs) scrambling to address unexpected legal issues. This guidance addresses some of their more frequently asked...more
3/18/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Colleges ,
Commercial Contracts ,
Contract Terms ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Educational Institutions ,
Emergency Management Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Housing Act (FHA) ,
Family and Medical Leave Act (FMLA) ,
FERPA ,
Force Majeure Clause ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
OSHA ,
PHI ,
Public Accommodation ,
Public Health ,
Quarantine ,
Reporting Requirements ,
Risk Management ,
School Closures ,
Student Privacy ,
Universities ,
Vendors ,
Workers' Compensation Claim
• The Massachusetts Pregnant Workers Fairness Act (the Act), signed into law on July 27, 2017, becomes effective on April 1, 2018.
• The Act expressly forbids discrimination against employees due to pregnancy or...more
3/23/2018
/ Adverse Action ,
Breastfeeding ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Human Resources Professionals ,
Leave of Absence ,
Medical Leave ,
Notice Requirements ,
Parental Leave ,
Policies and Procedures ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
State Labor Laws ,
Undue Hardship
Massachusetts Gov. Charlie Baker signed into law the Massachusetts Pregnant Workers Fairness Act (the Act) on July 27, 2017. The Act amends the Massachusetts anti-discrimination statute, Massachusetts General Laws, Chapter...more
Two divisions of the federal government have weighed in on the recent legal controversies surrounding accommodations for transgender students. The U.S. Department of Education's Office for Civil Rights (OCR) and the U.S....more
5/18/2016
/ Dear Colleague Letter ,
Department of Justice (DOJ) ,
Educational Institutions ,
FERPA ,
Gender Discrimination ,
Gender Identity ,
LGBTQ ,
OCR ,
Reasonable Accommodation ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Students ,
Title IX ,
Transgender
On Jan. 7, 2015, then-Governor Deval Patrick signed the Parental Leave Act into law, extending parental leave to male employees in connection with the birth or adoption of a child. The amendment – which becomes effective on...more
The U.S. Department of Education (DOE) published final regulations implementing the Violence Against Women Reauthorization Act of 2013 (VAWA), including the Campus Sexual Violence Act (Campus SaVE). The regulations were...more
The Boston City Council has entered the ongoing national debates and reform efforts concerning collegiate student-athlete issues, including safety and scholarships. Colleges and universities across the United States, athletic...more
A key section of the comprehensive federal legislation passed last year to prevent and address violence against women on campuses nationally takes effect this month. It is critical for educational institutions to understand...more
The $41.7 million jury verdict last week against The Hotchkiss School in Lakeville, Connecticut sent shock waves through the independent school community. A 15-year-old Hotchkiss student suffered insect bites on a...more
Ethical behaviors and legal compliance within any educational institution cannot be presumed; they must be cultivated, monitored and enforced. It is a team effort. It begins with senior leadership, including an informed and...more