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Education Updates

Read need-to-know updates, commentary, and analysis on Education issues written by leading professionals.

Clear and Convincing: DOE v. Jackson, Devos, and the future of campus sexual misconduct investigations

On September 7, 2017, Betsy DeVos, the Secretary of Education, announced that the United States Department of Education intended to revisit the “Dear Colleague” letter that the Department’s Office for Civil Rights, or “OCR,”...more

Vendor Contracts: Be Careful Before You Sign On The Dotted Line

by Fisher Phillips on

It’s the first week back to school and you receive the following three phone calls in quick succession - • A parent advises you that she does not want to buy expensive apparel from a certain sportswear company for her...more

Lawsuit Claiming Gender Bias in Title IX Investigation Allowed to Go Forward

• A federal court in Ohio has held that published writings of a university Title IX administrator provide sufficient evidence of bias to permit a civil suit by a penalized student to go forward. • Denial of equitable...more

School Employee Who Resigned After Her Hospitalization Coverage Was Reduced Entitled To Unemployment Compensation

by Tucker Arensberg, P.C. on

Forbes Road School District V Unemployment Compensation Board of Review, Commonwealth Court of Pennsylvania, Case No. 1814 C.D. 2016 - Claimant was hired as a paraprofessional at $10.15 an hour. She completed health...more

State of Connecticut Provides Guidance on Changes to Education Records of Transgender Students

The Connecticut State Department of Education (DOE) recently published guidance on implementing civil rights protections for transgender students. The guidance, in part, provides information on issues related to requests that...more

Director Cordray Invites Secretary DeVos to Resurrect CFPB-ED Cooperation

by Ballard Spahr LLP on

Consumer Financial Protection Bureau (CFPB) Director Richard Cordray has responded to the letter from the Department of Education (ED) terminating the Memoranda of Understanding (MOUs) between the agencies....more

DACA: Next steps for institutions of higher education

by Thompson Coburn LLP on

In 2012, then-President Obama established with the Department of Homeland Security (“DHS”) the Deferred Action for Childhood Arrivals (“DACA”) Program. The DACA Program is an exercise of prosecutorial discretion by the...more

California School & Community College District Bond Legislation Update - September 2017

Good news on the legislative front for 2018 bond elections! First, the following bills have become two-year bills: Senate Bill 7 (Moorlach), which would require a school or community college district bond measure be...more

What U.S. Education Secretary Betsy DeVos' Recent Speech Means for Title IX

U.S. Secretary of Education Betsy DeVos gave a highly publicized speech recently about the federal government’s plan to revamp guidelines for handling allegations of sexual assault on college campuses. Having watched the...more

Student-Athletes Seek $45M in Legal Fees and Costs in NCAA Scholarship Antitrust Lawsuit

by Foley & Lardner LLP on

On Wednesday, in a lawsuit brought by student-athletes claiming that the value of their scholarships was anti-competitively capped by NCAA rules, the student-athletes sought approval of nearly $45 million in attorneys' fees,...more

Equal Access in the Digital Age: OCR Ramps Up Investigations into Website Accessibility

by Shipman & Goodwin LLP on

Consider the fact that we now live in a digital age, with limitless information at our fingertips, accessible (to many of us) with a few keystrokes or a simple voice command into our now ubiquitous cell phones. Now consider...more

Students’ Privacy Claims Fail to Upend School District’s Transgender Restroom Policy

by Tucker Arensberg, P.C. on

Doe v. Boyertown Area School District, 2017 WL 3675418 (E.D. Pa. 2017) (A Pennsylvania federal court denied a motion for a preliminary injunction in a case brought by four students (plaintiffs) in opposition to school policy...more

Student-Employee Unions: Should Universities Expect a Double U-Turn?

by Fisher Phillips on

Until recently, the National Labor Relations Board (NLRB) long held that private university student-employees were not considered “employees” under the National Labor Relations Act (NLRA) because the relationship with their...more

Title IX: Now What?

by Steptoe & Johnson PLLC on

When Education Secretary Betsy DeVos delivered her Title IX address last Thursday at George Mason University, many expected the Department of Education was about to revoke the agency’s guidance set forth in the 2011 Dear...more

U.S. Department of Education Signals It Will Revise Title IX Guidance

by Holland & Knight LLP on

• Secretary of Education Betsy DeVos has advised that the U.S. Department of Education intends to revise its guidance on the application of Title IX to reports of sexual misconduct on college and university campuses. • DeVos...more

7th Circuit Says Beauty School Student Not An Employee

On August 14, in Hollins v. Regency Corp., the Seventh Circuit Court of Appeals affirmed a decision from the U.S. District Court for the Northern District of Illinois that a cosmetology student who worked at her beauty...more

Education Department to Replace Guidance on Title IX Sexual Misconduct Complaints

by McGuireWoods LLP on

In yet another reversal of civil rights policy established under the Obama administration, on Sept. 7, 2017, Secretary of Education Betsy DeVos announced her plan to review and replace the Department of Education’s 2011 “Dear...more

Changes Coming to DOE Title IX Rules

by Baker Donelson on

U.S. Department of Education (DOE) Secretary Betsy DeVos delivered a self-proclaimed "major policy address on Title IX enforcement" last Thursday. During her presentation, DeVos railed against what she called a "failed...more

The Department of Education Seeks Public Input for New Title IX Policy

• The Department of Education (DOE) plans to gather public input—including input from educational institutions—on new Title IX policy, rejecting the prior administration’s issuance of policy by letter. • The DOE has not,...more

U.S. Department of Education Announces Intention to Review and Replace Title IX Regulations Concerning Sexual Harassment and...

by Shipman & Goodwin LLP on

On Thursday, September 7, in a speech by U.S. Department of Education Secretary Betsy Devos, the Department announced that it would undertake a review of its current Title IX enforcement guidance concerning campus-based...more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 25

by Clark Hill PLC on

House and Senate Overwhelmingly Passed Legislation that Included a Short-Term Continuing Resolution, Lift of the Debt Ceiling, and Emergency Aid: The bill includes over $15 billion in disaster assistance for Hurricane Harvey...more

School Districts, Undocumented Student, and Equal Access to Public K-12 Education

With the end of the Deferred Action for Childhood Arrivals program on the horizon, many K-12 schools, school districts, taxpayers, and others are asking: Do undocumented students have the right to attend public schools? And,...more

Deadline Approaches for Phila. Tax Appeals – Increased Assessments & Potential for School District Appeals

by Ballard Spahr LLP on

The Philadelphia Office of Property Assessment (OPA) has reviewed the assessed values of all commercial and industrial real estate in Philadelphia, and earlier this year, many owners of commercial and industrial real estate...more

Secretary DeVos Announces Changes to Title IX Directives Regarding Campus Sexual Misconduct Allegations

by K&L Gates LLP on

n Thursday, September 7, 2017, Department of Education Secretary DeVos announced that the Department will launch a notice-and-comment process to incorporate the “insights of all parties” in creating new directives that govern...more

August 2017: The Top 11 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no...more

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