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CFPB Holds a Field Hearing on Student Loan Servicing Issues

On May 14th, the same day that the CFPB launched a public inquiry into student loan servicing loan practices (the “Request for Information”), the CFPB held a public field hearing in Milwaukee, Wisconsin to address issues with...more

Seven Things to Know About the Campus Accountability and Safety Act

In recent years, the Obama Administration and the Department of Education have aggressively increased their focus on how colleges and universities address sexual violence and harassment. ...more

OSEP Urges LEAs to Respect Parents’ Choice of Dispute Resolution Process

On April 15, 2015, the Office for Special Education Programs (OSEP) within the U.S. Department of Education issued a Dear Colleague Letter regarding the interaction between the due process hearing system and the state...more

Justice Department Settlement With edX Suggests Heightened Scrutiny of Online Course Accessibility and Potential Strategies for...

On April 2, the Department of Justice entered into a settlement agreement with edX, a major online college course provider, over alleged violations of the Americans with Disabilities Act (ADA) related to the accessibility of...more

NSBA Concerned About Recent Supreme Court Decision’s Impact on OCR Investigations

The National School Boards Association (NSBA) recently expressed its concerns over the Supreme Court’s recent landmark ruling in Perez v. Mortgage Bankers Association, which allows federal agencies to issue “interpretive...more

NLRB Issues Significant Decision on Faculty Unionization

The National Labor Relations Board (Board) recently ruled that it would assert jurisdiction over Pacific Lutheran University's (PLU’s) full-time contingent faculty members. In the context of a union's attempt to organize...more

The Feds Are Watching: Equitable Allocations In School Budgets

It is indisputable that education forms the cornerstone of a productive society. What is frequently disputed, however, is what that cornerstone should cost, and just as every year swallows return to San Juan Capistrano, so...more

Dozens of Harvard Law Professors Publicly Criticize The University’s Revised Sexual Harassment Policy

It may seem surprising – but even one of the most prestigious universities in the country got mixed in the U.S. Department of Education’s recent enforcement efforts to combat campus sexual misconduct. To make matters worse,...more

University of Florida Quarterback Is Reinstated After Accuser Withdraws Sexual Assault Complaint

James Ryan, the Partner-in-Charge of the Education Litigation Department of Cullen and Dykman LLP was recently featured in The Chronicle of Higher Education, regarding the highly publicized University of Florida (the...more

Feds Revive Efforts to Regulate Seclusion and Restraint

On February 12, 2014 the United States Senate’s Health, Education, Labor and Pensions [“HELP”] Committee released the results of its investigation into the use of restraint and seclusion in schools. Entitled Dangerous Use of...more

Education Update, No. 1, January 2013: Making The Grade: Ensure Your School is Following Best Hiring Practices

The holiday break is over. Classes are back in full swing. For most schools across the nation, this is the time to evaluate current staffing needs and begin the recruitment and hiring process for the upcoming school year....more

Marymount Manhattan College Settles EEOC Age Discrimination Lawsuit

College Pays $125,000 to 64-Year-Old Applicant - NEW YORK - Marymount Manhattan College has settled a lawsuit filed by EEOC alleging that it refused to hire a choreography instructor for a tenure-track assistant...more

EEOC Discusses How Not Being Able to Graduate from High School Could Be Considered a Disability

The Americans with Disabilities Act (ADA) prohibits employers from discriminating against qualified individuals with disabilities. The act was amended by the ADA Amendments Act (ADAAA) of 2008 with final regulations being...more

University Agrees To Modify Dining Services To Accommodate Food Allergies under the ADA

The Department of Justice (DOJ) has reached an agreement with Lesley University of Cambridge, Massachusetts, under which Lesley agreed to modify its food services and meal plan system to accommodate students with celiac...more

OCR Reflects On The Work Done During The First Obama Administration

The Department of Education, Office for Civil Rights enforces federal statutes that prohibit discrimination on the basis of sex, disability, age, race, color, and national origin in programs that receive financial assistance...more

“Fantasy Slut League” at High School in California

An investigation at Piedmont High School in California revealed the presence of a “fantasy slut league” among male students at the high school. After discovering the existence of the “league”, Piedmont High School...more

Florida Board of Education Sets Goals Based on Race

The Florida Board of Education recently voted to set student achievement goals in math and reading based on race and ethnicity, a decision that has received significant criticism as being narrow minded and discriminatory. ...more

Education Update, No.4, October 2012: Has Your School Had a Check Up Recently?

Now that school has started, it is time to ensure that your house is in order for the school year. Each year we highlight those area in which we see trends developing or issues with which schools consistently have challenges....more

Education Update, No.4, October 2012: "Dear Colleague . . . "

With that disarming salutation, a little over a year ago Vice President Joe Biden and Secretary of Education Arne Duncan announced new Department of Education mandates, issued under Title IX of the Education Amendments of...more

Education Update - October 2012, No. 4

In This Update: - “Dear Colleague . . . ” By Burton Dodd (Atlanta) - With that disarming salutation, a little over a year ago Vice President Joe Biden and Secretary of Education Arne Duncan announced new Department...more

Pennsylvania Institutions Face Apparent Conflict Between Their State And Federal Obligations To Victims Of Sexual Assault

Pennsylvania law may conflict with the Office for Civil Rights' Dear Colleague Letter on Title IX and Sexual Violence with regard to victim confidentiality. On April 4, 2011, the United States Department of Education's...more

Education Update - No. 3, July 2012: Responding To The EEOC's Criminal Background Check Initiative

As most of our readers have probably heard by now, the EEOC seems to want all employers to discontinue, or at least significantly curtail, their use of criminal-background checks. The EEOC's Guidance outlines the agency's...more

Education Update (No. 3, July 2012): Your School Is Religious – Does That Mean It's Exempt?

You've just received notice from your state unemployment commission that the School owes $10,000 in back unemployment taxes. You don't understand how this occurred since your religious school has always been treated as exempt...more

Male Student Wanted to Wear A Dress to Prom and Run For Prom Queen

River Flanary, 17, claims his rights were violated when school officials from McClintock High School told him he could not run for prom queen. Flanary designed his own dress for the prom, and states that in an effort to...more

Effect of Revocation of Consent for IDEA Services on Entitlement to 504 Services

Students who are eligible for special education and related services under the IDEA are also eligible for services under Section 504 (though not all students eligible under Section 504 are eligible under the IDEA). Districts...more

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