News & Analysis as of

Department of Education

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

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 26

by Clark Hill PLC on

House Finishes Work on Its Annual Appropriations Bills, For Now: The House narrowly passed a $1.2 trillion package of spending bills to fund the government for Fiscal Year 2018 by a vote of 211-198. Amendments offered to the...more

State of Connecticut Provides Guidance on Changes to Education Records of Transgender Students

The Connecticut State Department of Education (DOE) recently published guidance on implementing civil rights protections for transgender students. The guidance, in part, provides information on issues related to requests that...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

What U.S. Education Secretary Betsy DeVos' Recent Speech Means for Title IX

U.S. Secretary of Education Betsy DeVos gave a highly publicized speech recently about the federal government’s plan to revamp guidelines for handling allegations of sexual assault on college campuses. Having watched the...more

Title IX: Now What?

by Steptoe & Johnson PLLC on

When Education Secretary Betsy DeVos delivered her Title IX address last Thursday at George Mason University, many expected the Department of Education was about to revoke the agency’s guidance set forth in the 2011 Dear...more

U.S. Department of Education Signals It Will Revise Title IX Guidance

by Holland & Knight LLP on

• Secretary of Education Betsy DeVos has advised that the U.S. Department of Education intends to revise its guidance on the application of Title IX to reports of sexual misconduct on college and university campuses. • DeVos...more

Education Department to Replace Guidance on Title IX Sexual Misconduct Complaints

by McGuireWoods LLP on

In yet another reversal of civil rights policy established under the Obama administration, on Sept. 7, 2017, Secretary of Education Betsy DeVos announced her plan to review and replace the Department of Education’s 2011 “Dear...more

Changes Coming to DOE Title IX Rules

by Baker Donelson on

U.S. Department of Education (DOE) Secretary Betsy DeVos delivered a self-proclaimed "major policy address on Title IX enforcement" last Thursday. During her presentation, DeVos railed against what she called a "failed...more

The Department of Education Seeks Public Input for New Title IX Policy

• The Department of Education (DOE) plans to gather public input—including input from educational institutions—on new Title IX policy, rejecting the prior administration’s issuance of policy by letter. • The DOE has not,...more

U.S. Department of Education Announces Intention to Review and Replace Title IX Regulations Concerning Sexual Harassment and...

by Shipman & Goodwin LLP on

On Thursday, September 7, in a speech by U.S. Department of Education Secretary Betsy Devos, the Department announced that it would undertake a review of its current Title IX enforcement guidance concerning campus-based...more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 25

by Clark Hill PLC on

House and Senate Overwhelmingly Passed Legislation that Included a Short-Term Continuing Resolution, Lift of the Debt Ceiling, and Emergency Aid: The bill includes over $15 billion in disaster assistance for Hurricane Harvey...more

Secretary DeVos Announces Changes to Title IX Directives Regarding Campus Sexual Misconduct Allegations

by K&L Gates LLP on

n Thursday, September 7, 2017, Department of Education Secretary DeVos announced that the Department will launch a notice-and-comment process to incorporate the “insights of all parties” in creating new directives that govern...more

Plans To ‘Reframe’ Title IX Enforcement Announced

by Jackson Lewis P.C. on

The Trump Administration believes that Obama-era guidance regarding sexual assault on college campuses created a “failed system” that was a “disservice to everyone involved,” Education Secretary Betsy DeVos said on September...more

U.S. Department of Education to Rescind Subregulatory Guidance on Sexual Violence and Issue New Regulations

In remarks yesterday, United States Secretary of Education Betsy DeVos announced that the Department of Education plans to initiate a public comment period to begin the process of adopting new regulations on campus sexual...more

ED Rebukes CFPB “Abuse” with Termination of MOUs, Announces Expansion of Internal Oversight

by Ballard Spahr LLP on

The Department of Education (ED) recently delivered a letter to the Consumer Financial Protection Bureau (CFPB) providing notice of its intent to terminate the Memoranda of Understanding (MOUs) between the agencies. The...more

Title IX Update - September 2017

by Nexsen Pruet, PLLC on

Secretary DeVos is planning a major Title IX announcement on Thursday: Media reports indicate that Department of Education Secretary DeVos is planning a major announcement regarding Title IX enforcement on Thursday of...more

CSDE Provides Guidance, FAQs on Civil Rights Protections and Supports for Transgender Students

by Shipman & Goodwin LLP on

In light of the Trump administration’s rescission of 2016 federal guidance from the U.S. Departments of Justice and Education concerning school district obligations to transgender and gender nonconforming students, on...more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 23

by Clark Hill PLC on

CBO Confirms Size of Breach of Defense Cap for FY18 Bills: The House FY18 Omnibus Appropriations Bill scheduled to be taken up in September would bust the Defense cap by $72 billion. This would cause the Office of Management...more

CFPB files amicus brief in support of Education Dept. appeal seeking to overturn preliminary injunction barring student loan...

by Ballard Spahr LLP on

The CFPB has filed an amicus brief in support of the Department of Education’s appeal asking the U.S. Court of Appeals for the Federal Circuit to vacate a preliminary injunction entered by the Court of Federal Claims that...more

Blog: ED’s New Audit Guide Mandates More Detailed Assessment of Institutional Compliance with Clery Act Campus Crime and Security...

by Cooley LLP on

The Clery Act is the focus of the fifth post in our Audit Guide series. The new Audit Guide significantly expands the scope and detail of information that auditors are now required to review to evaluate a school’s compliance...more

Blog: Department of Education Extends Deadline for Gainful Employment Earnings Appeals

by Cooley LLP on

The Department of Education issued a notice on August 18 that extends the deadline for all institutions to file alternate earnings appeals that challenge the debt-to-earnings rates issued for their GE programs in January...more

Management Alert – The Current Federal Retrenchment on LGBT Rights

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The first eight months of the new administration signals a retrenchment on the executive branch’s view of legal protections due LGBT individuals, including in employment....more

Affirmative Action In College Admissions To Become A Justice Department Priority?

by Jackson Lewis P.C. on

The Trump Administration is preparing to focus on affirmative action in college admissions, according to The New York Times, which reportedly obtained an internal announcement to the Department of Justice (DOJ) Civil Rights...more

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