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Administrative Agency Education

Read need-to-know updates, commentary, and analysis on Administrative Agency 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

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

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

Congressional Preview - Fall 2017

Summer isn’t quite over yet, but the August recess is coming to an end and Congress returns next week to resume work on a number of outstanding issues, as the Trump Administration continues to aggressively implement the...more

A New Era For Labor Relations? Fisher Phillips Lawyers Predict Fate Of Top 10 Key Issues

by Fisher Phillips on

Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board...more

Two New PAC Opinions Provide Clarification to School Districts on Meeting Agendas and Redacting Information from FOIA Responses

by Franczek Radelet P.C. on

Recently, the Illinois Public Access Counselor (PAC) issued two opinions – one advisory and one binding – that reiterate the requirements of the Open Meetings Act (OMA) and the Freedom of Information Act (FOIA)....more

The PAC Strictly Interprets the “Probable or Imminent Litigation” Exception for Closed Session

by Franczek Radelet P.C. on

Recently, the Public Access Counselor (PAC) issued a rare binding opinion finding that the City Council of Bloomington violated the Open Meetings Act when it held a closed meeting to discuss potential litigation that the PAC...more

Connecticut State Department of Education Releases Lists of Due Process Hearing Officer and Mediators and New Process for...

by Shipman & Goodwin LLP on

After an extensive interview and hiring process, the Connecticut State Department of Education (“CSDE”), Bureau of Special Education, released last week the list of new mediators and current due process hearing officers. The...more

Are State-Owned Patents Immune From IPRs Under The Eleventh Amendment?

by Foley & Lardner LLP on

In separate non-precedential decisions issued by three different panels, the PTAB has permitted state university patent owners to invoke the Eleventh Amendment in Inter Partes Review proceedings. Each panel found that IPR...more

USCIS Adopts AAO Decision Setting Accreditation Guidelines for H-1B Master’s Cap Eligibility

On May 23, 2017, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum adopting the Administrative Appeals Office’s (AAO) decision in the case Matter of A-T-Inc. The adopted decision establishes binding...more

IDEA Exhaustion is Alive and Well: Applying Fry in Graham v. Friedlander

A Connecticut Superior Court judge has issued what might be the first decision in the country applying the United States Supreme Court’s recent test for determining whether a party is required to exhaust the administrative...more

NC Legislative Update: End of Session Wrap

by Nexsen Pruet, PLLC on

2017 Session - After 23 weeks of session, lawmakers adjourned the 2017 long session of the North Carolina General Assembly on June 30th. The Adjournment Resolution passed by both bodies reconvenes the legislature on...more

Gainful Employment and the AACS court decision: What it means for schools

by Thompson Coburn LLP on

On June 28, 2017, the D.C. District Court issued its opinion and order in the matter of the American Association of Cosmetology Schools (“AACS”) v. the U.S. Department of Education. AACS challenged the Department’s Gainful...more

Illinois Attorney General’s Public Access Counselor Issues Binding Opinions Regarding FOIA Exemptions

by Franczek Radelet P.C. on

The Public Access Counselor (PAC) of the Illinois Attorney General’s office recently issued two binding opinions addressing the Freedom of Information Act (FOIA). Specifically, the opinions found two public bodies in...more

NC Legislative Update: June 2017 #4

by Nexsen Pruet, PLLC on

This Week - Lawmakers finished a busy week last Thursday, aiming to adjourn the 2017 long session before the 4th of July. Legislative leaders began the week with a press conference to highlight the Conference Report for...more

New Rules: OCR Issues Internal Memorandum Impacting Enforcement Practices for Pending and Future Investigations

by Shipman & Goodwin LLP on

Earlier this month, the U. S. Department of Education, Office for Civil Rights’ Acting Assistant Secretary issued an internal memorandum to Regional Directors eliminating certain existing internal procedures and detailing new...more

Clarifying the status of Gainful Employment and Borrower Defense to Repayment

by Thompson Coburn LLP on

During the second term of the Obama administration, the U.S. Department of Education promulgated several complex regulatory packages. Among the most significant and controversial were the Gainful Employment (“GE”) rule,...more

U.S. Department of Education Delays Borrower Defense to Repayment Regulations, Announces New Negotiated Rulemaking Committees

by Hogan Lovells on

On June 14, the U.S. Department of Education (“ED”) announced its plan to convene negotiated rulemaking committees to consider revisions to two major sets of regulations that were developed by the Obama Administration. ED...more

Office for Civil Rights Reduces Scope of Investigations to More 'Swiftly' and 'Efficiently' Resolve Complaints

by Pepper Hamilton LLP on

The Chronicle of Higher Education recently reported that, on June 8, 2017, the Department of Education’s Office for Civil Rights (OCR) distributed an internal memo containing new guidance that will provide regional offices...more

IL Supreme Court Rules IHSA Not Subject to FOIA

by Franczek Radelet P.C. on

The FOIA litigation saga continues as the Illinois Supreme Court in Better Government Association v. IHSA ruled in favor of the athletic association and High School District 230, holding that the records requested are not...more

OCR Changes Investigation Protocols for Civil Rights Complaints

by Franczek Radelet P.C. on

Candice Jackson, the U.S. Department of Education’s Office for Civil Rights’ Acting Assistant Secretary for Civil Rights, recently provided a “new internal guidance” memorandum to staff that significantly changes the Office...more

Eleventh Amendment Revisited – Board Again Finds Sovereign Immunity Applies to PTAB

by Jones Day on

Less than four months after its decision in Covidien LP v. University of Florida Research Foundation Incorporated, finding that Eleventh Amendment sovereign immunity applies to PTAB proceedings, the Board has again dismissed...more

Illinois Court Rules That College Foundation Documents Subject to FOIA

On May 9, 2017, the Illinois Appellate Court held that the College of Du Page Foundation (Foundation), a fundraising organization for the public College of Du Page (College), is subject to the state’s open records law. In...more

Attorney General’s Office Finds School Board Held Improper Discussion in Closed Session

by Franczek Radelet P.C. on

The Attorney General’s Office recently issued a non-binding opinion concluding that a board of education improperly discussed matters in closed session that were not within the scope of the exceptions on which the board...more

PAC Finds Library Board’s General Description of Action Item Complies with OMA

by Franczek Radelet P.C. on

Government bodies subject to the Open Meetings Act (OMA) sometimes struggle to strike the right balance between too much and too little detail contained in their published Board meeting agendas. A recent advisory opinion from...more

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