Department of Education

News & Analysis as of

NSBA Concerned About Recent Supreme Court Decision’s Impact on OCR Investigations

The National School Boards Association (NSBA) recently expressed its concerns over the Supreme Court’s recent landmark ruling in Perez v. Mortgage Bankers Association, which allows federal agencies to issue “interpretive...more

12 Legal Mistakes to Avoid in Terms of Service for Online Educational Services and Apps

A classroom teacher comes across a promising online educational service or application that she wants to use with her students and comes to you to make sure it’s legally appropriate. The service or app would collect and use...more

Blog: US Department of Education’s New Data Privacy Guidance: Why It Matters

In January 2015, the US Department of Education has issued an advisory to all elementary and secondary schools on data privacy and security issues to be considered in negotiating agreements with online service providers or...more

CFPB and Department of Education Reach Agreement with Buyer of For-Profit Colleges

On February 3, the CFPB and the U.S. Department of Education announced that they had reached an agreement with ECMC Group, to provide debt relief and additional consumer protections to borrowers who took out private loans...more

Department of Education Closes 2014 with Prolific Guidance

The U.S. Department of Education (DOE) was busy the last quarter of 2014, issuing guidance on six issues, plus another already in 2015. The Dear Colleague Letters (DCL), Frequently Asked Questions, and Fact Sheets provide an...more

New York Trial Court Provides Guidance on Application of Corrections Law Factors

It should come as no surprise to New York employers that making an employment decision based on an applicant or employee's criminal background can be unlawful. See N.Y. Corr. Law § 752; see also N.Y. Exec. Law § 296 (15).  ...more

Connecticut’s U.S. Attorney to Focus on Discrimination in Schools

Educational institutions – including public and private schools, colleges, and universities – may have to defend various types of discrimination claims brought by students, and in various arenas. In addition to federal court...more

School Districts: Immediate Action Required for Student Residency Determinations (1/15)

School districts must take immediate action to respond to significant changes to Commissioner’s regulations governing student enrollment determinations. On December 10, 2014, the State Education Department issued new...more

U.S. Department of Education Finds Harvard Law School To Be In Violation of Title IX

It may seem hard to believe – but even one of the most prestigious law schools in the country got mixed in the U.S. Department of Education’s recent crackdown on campus sexual misconduct....more

Department of Education Issues Guidance on Sufficient Communication Modalities

On November 12, 2014, the U.S. Department of Education’s Office for Civil Rights (OCR), the Office of Special Education and Rehabilitative Services (OSERS), and the U.S. Department of Justice distributed a joint Dear...more

The Market for Law School Applicants -- A Milestone to Remember

In early 2013, Michael Moffitt, the dean of Oregon Law, was interviewed by the New York Times about the tumult affecting law schools. Moffitt, who is a very thoughtful guy, reponded, "I feel like I am living a business school...more

How to project gainful employment Rates – Part 3

On October 31, 2014, the U.S. Department of Education promulgated its new “gainful employment” or “GE” regulations. The new regulations prominently feature two metrics intended to assess whether a program offers graduates a...more

7th Circuit Provides (No) Clarity on Compulsory Counterclaims

Federal procedure requires a defendant to plead all counterclaims that arise out of the same transaction or occurrence as the plaintiff’s claim, or his claim may be barred in a later suit. Fed. R. Civ. P. 13(a). Although the...more

How to project gainful employment rates – Part 2

As discussed in our previous post, the U.S. Department of Education recently promulgated its new “gainful employment” or “GE” regulations, which prominently feature two metrics intended to assess whether a program offers a...more

The Feds Are Watching: Equitable Allocations In School Budgets

It is indisputable that education forms the cornerstone of a productive society. What is frequently disputed, however, is what that cornerstone should cost, and just as every year swallows return to San Juan Capistrano, so...more

CFPB highlights alleged credit reporting errors relating to discharged student loans of disabled veterans

In a new blog post, the CFPB provides credit reporting advice to service-disabled veterans who take advantage of federal student loan forgiveness available from the Department of Education for veterans who receive a 100...more

How to project gainful employment rates - Part 1

On October 31, the U.S. Department of Education promulgated its new “gainful employment” or “GE” regulations. As we discussed in a prior post, the new rules apply to all programs offered by for-profit, proprietary...more

Child Abuse and Neglect Mandated Reporter Training Will Be Mandatory Starting January 1, 2015

Effective January 1, 2015, AB 1432 requires school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools to provide annual...more

Department of Education releases new gainful employment regulations

On October 30, the Department of Education published a new set of regulations detailing what it means to be providing an education program that leads to gainful employment in a recognized occupation. This “Gainful Employment...more

Department of Education Releases Gainful Employment Rule – Eliminates Proposed Programmatic Cohort Default Rate

As most readers of this blog probably know by now (around 8:00 am on the east coast), the Department of Education (“Department”) published the “gainful employment” rule (“GE Rule” or “Rule”) yesterday. The informal text of...more

Dozens of Harvard Law Professors Publicly Criticize The University’s Revised Sexual Harassment Policy

It may seem surprising – but even one of the most prestigious universities in the country got mixed in the U.S. Department of Education’s recent enforcement efforts to combat campus sexual misconduct. To make matters worse,...more

U.S. Department of Education Publishes Final Campus Security Rules

The U.S. Department of Education (DOE) published final regulations implementing the Violence Against Women Reauthorization Act of 2013 (VAWA), including the Campus Sexual Violence Act (Campus SaVE). The regulations were...more

Critical first steps when preparing for a U.S. Department of Education program review

The U.S. Department of Education has made a concerted effort in recent years to increase the number of program reviews conducted annually at both for-profit and non-profit institutions. In a prior post, we provided a short...more

Department of Education Issues Final Regulations on Campus Sex Offense Reporting and Training, While Leaving Some Key Issues...

On Monday, the Department of Education published final regulations on how colleges and universities should prevent, report, and respond to sexual offenses on campus. These regulations interpret changes recently made by...more

Clery Act Changes Published; OCR Resolves Transgender Complaint

Today, the U.S. Department of Education (USDOE) published in the Federal Register the final rule implementing changes to the Clery Act under the Violence Against Women Reauthorization Act of 2013 (VAWA). In another recent...more

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