Department of Education

News & Analysis as of

Texas District Court Enjoins Federal Gender Identity Protection Of Students

Seyfarth Synopsis: In State of Texas v. United States, a District Court issued a nationwide injunction to enjoin the Department of Education and Department of Justice from enforcing their guidelines on accommodations for...more

Gavin Grimm v. Glouchester County School Board—Is the Supreme Court Finally Weighing in on the Transgender Bathroom Debate?

On August 3, 2016, the United States Supreme Court granted a stay to a Virginia school Board pending Supreme Court review of the case. In an action reminiscence of the same sex marriage controversy, the Supreme Court's...more

FCC Issues Two Key TCPA Orders

In the past two weeks, the Federal Communications Commission (FCC) issued two important orders that modified and clarified the agency’s rules for enforcement of the Telephone Consumer Protection Act (TCPA). Both orders are...more

Recent DOJ Settlement Agreement Offers Valuable Guidance Regarding Mandatory Medical Leaves of Absence

A recent settlement agreement entered into between the Educational Opportunities Section of the U.S. Department of Justice (DOJ), Civil Rights Division, and the University of Tennessee provides some useful insight into what...more

Department of Education Issues Guidance Regarding Meeting the Needs of Students with ADHD

The Department of Education recently issued a Dear Colleague Letter explaining the obligations of school districts to students with ADHD under Section 504 of the Rehabilitation Act. The guidance notes that over the last five...more

DOE Issues Updated Guidance on Homeless Students

The Department of Education recently issued three pieces of guidance, including detailed non-regulatory guidance, a student fact sheet, and a “Dear Colleague” letter, all of which address meeting the needs of homeless...more

[Webinar] The Proposed Borrower Defense Framework (Proposed Borrower Defense Rule Series) - August 24th, 12:00pm CST

In this first webinar, we will deconstruct the proposed borrower defense framework, with particular attention to what would constitute a valid “claim,” and the individual and group processes proposed for resolving such...more

Alert: CA BPPE Issues Final Regulations on Data Reporting and Disclosure

After several rounds of public comment and revisions, the Bureau for Private Postsecondary Education ("BPPE" or "Bureau") has issued final regulations significantly expanding the data reporting and disclosure requirements...more

Fostering Financial Aid Literacy in Students: H.R. 3179

This is the sixth and final installment in a series examining five bipartisan bills advanced by the House Committee on Education and the Workforce on June 22, 2016 and approved by the full House of Representatives on July 11,...more

The New Clery Handbook: What Your College or University Needs to Know Before Publishing Your October 2016 Annual Security Report...

On June 23, the U.S. Department of Education, Office of Postsecondary Education, published the 2016 Edition of The Handbook for Campus Safety and Security Reporting, as required by the Clery Act (the “Handbook")...more

A look at the legal issues in the transgender bathrooms debate

On Wednesday, the U.S. Supreme Court signaled that it may take up the question of whether and to what extent educational institutions are required to permit transgender individuals to use the bathroom that corresponds to...more

United States Department of Education Issues Guidance on Civil Rights of Students with ADHD

On July 26, 2016, the United States Department of Education’s Office for Civil Rights (OCR) issued a “Dear Colleague” letter and resource guide (“Guidance”) to LEAs, preschools and post-secondary education institutions...more

Dept. of Education announces federal student loan policy direction

The Department of Education has released a memorandum to provide policy direction for the new federal student loan “state-of-the-art loan servicing ecosystem” that the ED is currently procuring. According to the memorandum,...more

Alert: ED's Proposed Rules for Online Learning Present New Compliance Challenges

On Monday, July 25, the US Department of Education (ED or the Department) formally released a Notice of Proposed Rulemaking (NPRM) to amend its current state authorization regulations, particularly with respect to distance...more

Renovating the Past, Constructing the Future: H.R. 5530

This is the fourth installment in a series examining five bipartisan bills advanced by the House Committee on Education and the Workforce on June 22, 2016 and approved by the full House of Representatives on July 11, 2016....more

Proposed Borrower Defense Rules May Significantly Impact Higher Education Institutions

The US Department of Education (ED) recently released a significant Notice of Proposed Rulemaking which could impact most institutions of higher education. In a nutshell, the proposed regulations are designed to provide...more

Supreme Court Poised to Weigh in on Transgender Rights

In recent years, state and federal courts have consistently ruled in favor of those seeking to define their gender identity. However, the Supreme Court has yet to weigh in — a situation that is about to change as the...more

U.S. Department of Education Outlines Loan Relief Pathway for Certain Students

On March 11, the U.S. Department of Education (DOE) released an advanced proposal of rulemaking that would establish a more "borrower-friendly process" for students seeking loan relief triggered by unscrupulous conduct by...more

U.S. Department of Education Issues Revised Handbook for Campus Safety and Security Reporting

For the first time in five years, the U.S. Department of Education (Department) has updated The Handbook for Campus Safety and Security Reporting, the primary resource for institutions of higher education seeking...more

Safeguard Your Federal Funding – Transgender Students And Title IX Compliance

On May 13, 2016, the U.S. Department of Education and U.S. Department of Justice published a guidance document for elementary and secondary schools that reaffirmed its 2015 opinion letter on how Title IX’s regulations apply...more

Worth Another Look: Amendments to the Public School Code

On July 11, S.B. 1073 (Browne, R-Lehigh) became law without the Governor’s signature. S.B. 1073 is the 2016-2017 General Appropriations (GA) Bill; it reads like a ledger and simply directs funds to different agencies and...more

Recent U.S. Department of Education Dear Colleague Letter Raises the Bar on Standards for Protecting Federal Financial Aid Data

On July 1, 2016 the U.S. Department of Education issued a follow-up Dear Colleague Letter to the Dear Colleague Letter of July 29, 2015. This most recent letter reminds institutions of their legal obligation to protect...more

U.S. Departments of Education and Health and Human Services Release Joint Guidance on Foster Youth

On June 23, 2016, the U.S. Departments of Education (ED) and Health and Human Services (HHS) issued a joint guidance addressing LEA support for children in foster care under the provisions of the newly enacted Every Student...more

Alert: Implications of Potential Denial of ACICS Recognition by ED

On June 23, the National Advisory Committee on Institutional Quality and Integrity (NACIQI) will meet to consider the recommendation of US Department of Education (ED or the Department) staff that the Accrediting Council for...more

Updated Clery Act Handbook Released

The Handbook for Campus Safety and Security Reporting (the “Handbook”), which provides important guidance for institutions as it relates to their compliance with the Clery Act’s safety and security requirements, was recently...more

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