Education Updates

Read need-to-know updates, commentary, and analysis on Education issues written by leading professionals.
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Staffing Firms, Educational Organizations, and Breaks-in-Service under the Affordable Care Act Employer Shared Responsibility...

In Q&A format, recently issued Notice 2015-87 addresses a number of pressing issues that have arisen under the Affordable Care Act (ACA), including that law’s employer shared responsibility rules, information reporting...more

Harvard and MIT: A Decision Is Here! (Sort Of)

Long after the Department of Justice’s (DOJ) Statements of Interest (SOI) were filed in June of 2015 in the cases involving Harvard University and the Massachusetts Institute of Technology (MIT), touching off a flood of...more

News from Second and State

Both the House of Representatives and the Senate were in session Monday through Wednesday, but the biggest news this week is the budget that wasn’t. Gov. Wolf delivered his 2016-2017 budget address, but with the 2015-2016...more

High Court Reviews Protected Activity Under SLAPP Statute

In yet another installment of the gravamen of the complaint conundrum, the California Supreme Court is currently reviewing Park v. Board of Trustees of California State University (2015) 239 Cal.App.4th 1258. The issue is...more

Alert: Timeline for First Set of Gainful Employment Rates Slips Further

The US Department of Education has announced another delay in the distribution of the Completer Lists for Gainful Employment programs until Spring 2016, which is bound to push back the date for ED to issue the first set of...more

A New And More Flexible Approach To Internship Programs

Class action lawsuits filed by interns who claim they should be classified as employees have proliferated over the last few years. In these types of cases, a large number of interns have argued that they were actually...more

Subsidizing Student Health Insurance With Stipends – New Agency Guidance and Relief

On February 5, 2016, the Departments of the Treasury, Labor, and Health and Human Services (the Departments) issued guidance addressing the application of market reforms and other provisions of the Affordable Care Act (ACA)...more

Worth Another Look: Schools that Teach

Standing by last year’s budget themes, Gov. Tom Wolf encouraged the state legislature today to fund “schools that teach.” Warning that failure to fully fund the state’s education system could result in teacher layoffs,...more

Drone U: Drone Use on Campus and Developing an Effective Drone Policy

Drones on campus is a key issue facing universities and educational institutions today. As small unmanned aircraft systems (sUAS) increasingly make their appearance on campuses across the U.S., colleges and universities are...more

[Webinar] Gainful Employment – Completer List Challenges, Debt Challenges, and Alternative Earnings Appeals - Feb. 25th, 12pm...

The third webinar in our series will examine the three ways schools can challenge the debt and earnings data the Department will use to calculate each GE program’s D/E rates. We will discuss the first round of completer...more

Worth Another Look: Jobs that Pay

Like last year, Gov. Tom Wolf is encouraging the state legislature to provide for “jobs that pay” as part of the 2016-2017 budget. A robust economy that includes employment opportunities can help stave off property tax...more

Student Aid Enforcement Unit Formed To Protect Students, Borrowers, And Taxpayers

On February 8, 2016, the Obama Administration’s Department of Education announced the creation of a Student Aid Enforcement Unit to respond more quickly and efficiently to allegations of illegal actions by institutes of...more

Are You Training Your Teachers on Trauma-Informed Practices?

The Compton Unified School District in California is currently defending itself in a unique federal court lawsuit brought by students who allege that by failing to properly address the symptoms of complex, personal trauma...more

A Preview of Business Immigration in 2016: OPT (Part 2/6)

From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases,...more

See You in Court – February 2016

Mr. Superintendent knew that his news for the Nutmeg Board of Education would cause a stir – the Nutmeg Public Schools were looking at a deficit for 2015-2016 of around $1,000,000. While the warm weather had resulted in...more

PTOs – IRS changes may impact tax compliance!

Small tax-exempt organizations, including many parent-teacher organizations, whose annual gross receipts are less than $50,000 may qualify to file a Form 990-N Electronic Notice (e-Postcard) for Tax-Exempt Organization Not...more

Malicious Prosecution Case to Continue Against Patrick Henry Community College Athletic Director

An affair between a college coach and a basketball player, a disputed confrontation between parents and a college administrator, accusations of assault and kidnapping, fifteen days in jail, claims of false arrest and...more

It’s a Trap!  Students Receiving Credit Need Not Be Paid? 

As colleges and universities begin new terms, not all students are returning to the classroom. Some students are headed into the “real world,” to work alongside corporate titans, small-business owners, or moms and pops in...more

Purpose built student accommodation (PBSA) to be exempt from Private Housing (Tenancies) (Scotland) Bill

On 3 February the Scottish Government published their response to the Infrastructure and Capital Investment Committee’s Stage 1 report on the Private Housing (Tenancies) (Scotland) Bill. The report contains the following...more

Berkeley students sue Google for mining emails for ads through Apps for Education

Four students attending the University of California, Berkeley, sued Google last week alleging that it violated the Electronic Communications Privacy Act by scanning and mining their emails in order to create advertising...more

Is your institution of higher education covered by HIPAA?

It comes as no surprise that virtually every postsecondary administrator is familiar with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99). After all, FERPA, the primary federal law...more

Privilege Issues in the Media Firestorm

The situation has become all too familiar: an incident of prurient interest — whether actual or falsely alleged — goes viral on social media before university officials can even ascertain the names of the parties involved. ...more

Partnering with nonprovider sites: Tips to keep in mind

Provided applicable requirements are met, the Medicare program reimburses teaching hospitals for resident training that occurs both at the hospital itself and at clinical nonprovider locations, including, for example,...more

Students Have One Year After Reaching the Age of Eighteen to File Personal Injury Lawsuit Against School

The Illinois Appellate Court (Second District) recently determined that a student who was injured while at school as a minor could not pursue a personal injury lawsuit against the school district because she did not file the...more

U.S. Government Reminds Colleges and Universities to be Prepared to Defend Advertised Statistics

The Federal Trade Commission (“FTC”) and U.S. Department of Education (“ED”) recently reminded all colleges and universities to review their online and print materials not only for the accuracy of any employment statistics...more

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