Education Updates

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Use Of Police Reports By School District In The Aftermath Of The Supreme Court’s Recent Ruling

Police reports are a practical tool for school districts in investigating (and countering) both student and employee misconduct. The Connecticut Supreme Court has resolved an intense debate about what law enforcement...more

Legal Alert: New York Tax Appeals Tribunal Reverses “Distorted” Knowledge Learning Decision and Provides Guidance for Proving...

On September 18, 2014, the New York State Tax Appeals Tribunal (Tribunal) decided its first combination case addressing the 2007 changes to New York’s combined reporting regime: Matter of Knowledge Learning Corporation and...more

North Carolina ABC Legislative Wrap-Up 2014

The 2014 legislative short session adjourned on August 20, 2014. The General Assembly passed several bills affecting alcoholic beverages in North Carolina. Significant provisions of those bills are summarized below....more

Department of Education Releases Updated Gainful Employment Template

While higher education waits for the final version of the gainful employment rule, the U.S. Department of Education recently released an updated template for disclosures required under the existing gainful employment rule. ...more

Cohort Default Rates Decrease; Proprietary School Default Rates Decrease for Third Straight Year

Earlier today the U.S. Department of Education (Department) released the official three-year Cohort Default Rates (CDRs) for FY 2011. For the uninitiated, this is a measure of the number of students entering repayment in FY...more

Department of Education Extends CDR Relief to Schools With Borrowers Facing “Split Servicing”

In advance of the release of the official FY2011 Cohort Default Rate (CDR) data, the U.S. Department of Education (Department) announced that the Department has “adjusted how it calculates CDRs for any institution that...more

A Look at Higher Education Bills in the House of Representatives

The House of Representatives has seen a lot of action on the higher education front this year. Not only has Committee on Education and the Workforce (Ed and Workforce) Chairman John Kline passed a number of bills out of...more

Recent Changes to California Laws - the Healthcare Perspective

Workers’ Compensation Insurance for Professional Athletes - AB 1309; Labor Code §3600.5 - The efforts made by professional athletes seeking workers’ compensation benefits for injuries that they sustained on the...more

Residency and “Illegal Alien Status” Are Not Mutually Exclusive for School Accommodations: A Friendly Reminder From Washington...

It is worth remembering that when determining if someone is a resident of your school district, the fact that someone may not actually be a legal resident of this nation is irrelevant. In order to underscore this fact, the...more

Getting Schooled by the FPPC - AB 1234 Ethics Training Can Safeguard School Officials from FPPC Reporting Violations

The Fair Political Practices Commission has initiated a proactive approach to auditing and investigating reporting violations, some focused on school district officials. Rather than waiting for a violation to be brought to...more

New Jersey to Consider Price Caps on Higher Education

There are many possible responses to the problem of the increasing cost of higher education. Once such response is to impose price controls on colleges and universities. Last week, the committe on higher education in the...more

Appellate Court Notes

SC19191 - Dorry v. Garden - The Supreme Court held that the accidental failure of suit statute saves a complaint that is not properly served within the original statute of limitations period, no matter how defective...more

Senators Harkin and Merkley Introduce “Protecting Students from Worthless Degrees Act”

On September 19, 2014, Senator Tom Harkin (D-IA), Chairman of the Senate Health, Education, Labor, and Pensions (HELP) Committee, and Senator Jeff Merkley (D-OR) introduced the “Protecting Students from Worthless Degrees...more

Employment Law Summer Recap 2014: Part 6 of 11 – A Farewell to the BCS and Amateurism in College Athletics (At Least as You Knew...

The advent of a playoff system in Division I FBS college football is not the only new change in intercollegiate athletics. After the most active summer in the history of college sports, the following events will have a large...more

More on the Higher Education Legislative Proposals from the Senate

Higher Education Reform and Opportunity Act – H.R. 4612 / S. 1904 - On January 9, 2014, Senator Mike Lee (R-UT) introduced the Higher Education Reform and Opportunity Act of 2013 (Rep. Ron DeSantis (R-FL) introduced a...more

NCAA’s Limits on Athletes’ Compensation for Use of Their Names or Likenesses Violates Antitrust Laws

The National Collegiate Athletic Association’s (NCAA) fundamental beliefs about the role of student-athletes and its economic model just received a partial rebuke from the courts. On August 8, 2014, a federal judge ruled that...more

CFPB Sues For-Profit College For Alleged Predatory Lending

On September 16, the CFPB filed a civil action against a for-profit college for allegedly engaging in an “illegal predatory lending scheme.” Specifically, the CFPB alleges that the school engaged in unfair and deceptive...more

School District Found to Have Engaged in ‘Bait and Switch’ on Teaching Assistant Unemployment Benefits

In Tameka Gladney v. Mississippi Department of Employment Security, the Mississippi Court of Appeals reinstated a teacher assistant’s unemployment benefits finding that the district had been less than fair to her. At the end...more

Our Thoughts on the Current Higher Education Legislative Proposals

Late last week we released an Alert entitled,”Congress and the Higher Education Act: what’s on the table? What’s to come? Our look at the major proposals,” which summarizes our views on where things stand legislatively in...more

Discipline as Defamation: Title IX, Disciplinary Panels, and The Risks of Righteousness in The Wake of Wells V. Xavier and Harris...

LR-college-campus_med_rgbTwo recent court rulings illustrate some of the perils facing university administrators when handling internal disciplinary complaints against students who have been alleged to have committed...more

2014 Legislative Update: Summary Of Changes In School Law

In This Update: - Administration ..School as Polling Place ..Student Discipline Study ..Destruction of Public Records ..Sale of Personal Information ..DCFS Guardianship ..Children of...more

Congress and the Higher Education Act: what’s on the table? What’s to come? Our look at the major proposals

Congress is well into the process of passing a reauthorization of the Higher Education Act (HEA), and many members of Congress have introduced bills addressing many aspects of higher education that concern the public....more

Why you should care about the Affordable Care Act: Campuses explore what steps to take after healthcare legislation passes

The passage of the Affordable Care Act (ACA) has been a political hot button in the United States. Now that it has become law, though, the challenge has shifted to determining how the nuances of the ACA will play out in...more

California Breaks New Ground in Education Privacy Law with K-12 Student Data Privacy Bill

A substantial rise in schools’ use of online educational technology products has caused educators to become increasingly reliant on these products to develop their curricula, deliver materials to students in real time, and...more

How Will The State Department of Education’s New Charter School Oversight Policies Be Implemented?

On August 11, 2014, the State Department of Education [“SDE”] announced via a press release that it would immediately implement a series of policy changes designed to “ensure that all charter schools, operate according to...more

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