Colleges

News & Analysis as of

MA Issues Regulations on Earned Sick Time for Student Workers and Faculty - Attorney General's Office Releases Final Regulations...

The Massachusetts Earned Sick Time Law (M.G.L. ch. 149, §148C), takes effect today, July 1, 2015. In broad terms, the law obligates covered Massachusetts employers to provide certain paid sick leave benefits to covered...more

VAWA Regulations Take Effect July 1

The U.S. Department of Education’s rule implementing changes to the Clery Act under the Violence Against Women Reauthorization Act of 2014 (VAWA) takes effect today. The final rule was published in the Federal Register on...more

Accused Student Sues Columbia University Over Mattress Case

It looks like the “mattress case” will not be going to bed anytime soon. On Thursday, April 23, 2015, Paul Nungesser, the accused student at the center of the internationally renowned “mattress case” (“Nungesser”)...more

School’s Out For Summer, But Not For Administrators: California’s “Yes Means Yes” Legislation Becomes Effective on July 1, 2015

On July 1, 2015, California colleges, universities, and postsecondary schools are required to bolster their compliance with new state laws regarding policies concerning sexual assault, domestic violence, dating violence, and...more

New York State Passes Campus Sexual Assault Law

On June 17, 2015, the New York State Legislature passed legislation governing how colleges and universities address sexual assault, dating violence, domestic violence and stalking. The governor is expected to sign it...more

New York State Passes Campus Sexual Assault Law

On June 17, 2015, the New York State Legislature passed legislation governing how colleges and universities address sexual assault, dating violence, domestic violence and stalking. The governor is expected to sign it...more

NLRB Decision Highlights Problems For Colleges Responding To Organizing Efforts

The National Labor Relations Board (NLRB) has upheld the SEIU’s narrow election victory at Laguna College of Art + Design, despite evidence that a supervisory full-time faculty member had campaigned for the union. In Laguna,...more

Kentucky Supreme Court Reinforces Importance of Properly Incorporated Arbitration Provisions to Larger Agreements

The Kentucky Supreme Court recently held that an arbitration provision signed by a class of students upon their application and acceptance to a for-profit college was unenforceable because the enrollment agreement did not...more

Prepare for the July 1 SaVE Act Deadline

By July 1, 2015, all higher education institutions must be in full compliance with the Campus Sexual Violence Elimination (SaVE) Act amendments to the Clery Act, per the final regulations issued last October. See 34 C.F.R....more

Higher Education: New York State to Pass Sexual Misconduct Legislation (6/15)

Recently, Governor Andrew Cuomo announced that he and State Legislative Leaders have reached an agreement regarding new sexual misconduct legislation. It may be recalled that several months ago, the Governor’s office...more

Alert: Gainful Employment Regulations: Recent Updates from the Department of Education

The Department of Education published another announcement in its series of Electronic Announcements ("EAs") last week, as it prepares to implement the new Gainful Employment ("GE") regulations. Those regulations are...more

Alert: Recent Developments on State Authorization at Department of Education and in California

The US Department of Education ("ED" or "the Department") has decided against an earlier plan to send letters to every institution believed to be out-of-compliance (or rather, located in a state that is considered...more

CFPB Pursues Recovery Against For-Profit College Corinthian and Relief for Its Students

Corinthian Colleges (Corinthian) announced on April 26 that it would cease operations at its remaining physical campuses. This announcement refers to the 30 or so physical campuses that Corinthian continued to operate...more

When A Parent Files For Bankruptcy Colleges May Forfeit Tuition Payments

While it is hard to imagine that a college or university could be forced to refund tuition paid years ago that enabled Student to receive a college education, this scenario is now playing out with increasing frequency. Many...more

U.S. Department of Education Issues Proposed Regulations From Latest Title IV Program Integrity Rulemaking

On May 18, 2015, the Department of Education (the “Department”) published a Notice of Proposed Rulemaking (“NPRM”) reflecting its proposed regulations on three of six topics that were part of its spring 2014 negotiated...more

South Carolina Legislative Update

The Senate met last week and was able to set the infrastructure funding bill for special order and continued their debate on the 20-week abortion bill. The House adopted revisions to the Uniform Partition of Heir’s Property...more

Hackers seek to access intellectual property assets of higher educational institutions

College and universities, like many other businesses and organizations, defend against millions of cyberattacks each day. Most recently, Penn State’s College of Engineering discovered a multi-year long cyberattack seeking...more

U.S. Dept. of Education proposes new restrictions on campus financial products

The U.S. Department of Education has issued proposed revisions to its Title IV Higher Education Act (HEA) cash management rules that include significant new restrictions on financial products used to disburse credit balance...more

U.S. Department of Education Proposes New Restrictions on Campus Financial Products

The U.S. Department of Education has issued proposed revisions to its Title IV Higher Education Act (HEA) cash management rules that include significant new restrictions on financial products used to disburse credit balance...more

Attorneys in the Student Disciplinary Process: Requirements, Restrictions and Best Practices

Under the newly revised Clery Act, colleges and universities may not ban lawyers from attending and advising their clients at campus disciplinary proceedings involving sexual assault, domestic violence, dating violence and...more

Rethinking the regulation of competency-based education

Over the last several months, my colleague, Chris Murray, and I spent a great deal of time considering the current regulatory challenges facing competency-based education (CBE) and possible strategies that can better...more

Bankruptcy Trustees Target Colleges and Universities

Over the past few years, higher education institutions have seen an increase in litigation from an unexpected source: bankruptcy trustees. Trustees appointed in personal bankruptcy cases are seeking to claw back tuition...more

Franczek Radelet Works with ISBE to Clarify School Code

Over the past several months, our firm has received many calls from concerned school district clients regarding a particular provision of the Illinois School Code. Franczek Radelet utilized its relationship with stakeholders...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

For-Profit Corinthian Colleges, Inc. Files Chapter 11 Bankruptcy In Delaware

On May 4, 2015, one of the largest for-profit post-secondary education companies in the United States and Canada, Corinthian Colleges, Inc., and 24 of its affiliates, filed voluntary chapter 11 petitions in the Bankruptcy...more

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