Department of Education

News & Analysis as of

Fourth Circuit Decides Case on Transgender Students’ Rights

On April 19, 2016, the Fourth Circuit Court of Appeals issued a decision addressing transgender and gender nonconforming students. In G.G. v. Gloucester County School Board the Fourth Court was presented with the question of...more

Proposed IDEA Regulations - Disproportionality

On February 23, 2016 the United States Department of Education (ED) issued its proposed “Equity in IDEA” rule; regulations intended to address the overrepresentation of minorities in special education. The expressed intent of...more

Fourth Circuit Holds that “Sex” Under Title IX Incorporates Gender Identity

Seyfarth Synopsis: The Fourth Circuit in a case of first impression held that Title IX entitles transgender students to use the bathroom that matches their gender identity. Though that ruling only discusses Title IX, the...more

Special Report: How Should NC Employers Apply Restroom Policies Following HB2?

The Public Facilities Privacy & Security Act, commonly known as HB2, continues to generate controversy and confusion. The new law has caused many employers to reexamine their policies with regard to restroom use by employees...more

Dept. of Education announces student loan credit reporting and servicing initiatives

Last week, the CFPB announced that it had issued a Request for Information seeking comment on a set of prototype disclosures (the “Payback Playbook”) to assist federal student loan borrowers in selecting between alternative...more

Fourth Circuit Holds that Title IX Protects Transgender Student’s Right to Use Men’s Restroom Consistent With the Student's Gender...

The U.S. Court of Appeals for the Fourth Circuit holds that Title IX protects a transgender student’s right to use the restroom that aligns with the student’s gender identity. The Fourth Circuit has become the first...more

Fourth Circuit Holds That Title IX Protection Extends to Transgender Restroom Access

On April 19, 2016, the United States Court of Appeals for the Fourth Circuit, in a highly publicized decision, issued a ruling which addresses the rights of transgender students under Title IX of the Education Amendments Act...more

The Fourth Circuit Court of Appeals Sets Precedent, Undermining Rationale For Anti-Transgender Legislation and Policies

On Tuesday, the Court of Appeals for the Fourth Circuit issued a 2-1 ruling in Grimm v. Gloucester County School Board, No. 15-2056, finding that a transgender student has the right to sue his school board under Title IX for...more

Fourth Circuit Rules that Title IX Extends to Transgender Bathroom Access

On April 19, 2016, the Fourth Circuit Court of Appeals issued an opinion that is likely to have a significant impact on the rights of transgender students. In G.G. ex rel. Grimm v. Gloucester County School Board, No. 15-2056...more

Federal Court of Appeals Defers to OCR and Concludes Title IX Permits Transgender Students to Use Restrooms Based on Gender...

In a closely watched case, the federal Court of Appeals for the Fourth Circuit reversed a lower court decision and, in a 2-1 split opinion, held that, based on guidance from the federal Office for Civil Rights (OCR) within...more

New York’s Appellate Division Reinstates Attorney General’s Statutory Fraud Claim Against “Trump University”

In State of New York v. Trump Entrepreneur Initiative LLC, New York’s Appellate Division recently denied a motion by Donald Trump’ organization to dismiss a fraud claim brought by the New York Attorney General (“AG”) under...more

Bard College settles False Claims Act allegations; Justice, Education Departments get tough on compliance - 7 steps to support...

“Throughout this Administration, the Department of Education has aggressively enforced accountability and compliance laws for institutions of higher education to protect students, families, and taxpayers,” US Education Under...more

CFPB Issues Consent Order against San Diego-Based Student Debt Loan Relief Company

On March 30, the CFPB filed a consent order against a San Diego-based student debt relief operation for alleged violations of the CFPA, the Telemarketing Sales Rule, and Regulation P. According to the CFPB, the company –...more

CFPB Takes Action Against Another Student Debt Relief Company

On March 30, 2016, the Consumer Financial Protection Bureau (CFPB) announced an enforcement action against student debt relief company Student Aid Institute, Inc., and its chief executive officer, Steven Lamont, for allegedly...more

Arbitration Under Fire: Brace Your Company for Less Contract Freedom and More Class Actions

Since the Federal Arbitration Act (FAA) of 1925, the United States has had a policy preference for arbitration, even when an arbitration provision includes language barring class action litigation. We saw this most recently...more

CFPB settles with another student loan debt relief company

The CFPB announced it has entered into a consent order with Student Aid Institute, Inc., a student debt relief company, and its chief executive officer. The order settles charges that the company and CEO violated the...more

Alert: Negotiations on New Defense to Repayment Rules Fail: It's All Up to ED Now

Following a highly charged, often contentious three days of debate, the third session of the Negotiated Rulemaking on Borrower Defense to Repayment (DTR) ended as it started, without consensus. The Department of Education...more

CFPB Enters Proposed Final Judgment Against Student Debt Relief Company

On March 15, the CFPB filed a proposed Stipulated Final Judgment and Order in a California federal court against a California-based student debt relief company and its owner for alleged violations of the CFPA and the...more

State Releases New School Security and Safety Standards

In 2013, as part of Public Act 13-1, Connecticut enacted legislation that requires the Department of Emergency Services and Public Protection (DESPP), in consultation with the State Department of Education, to develop school...more

Dept. of Education considering ban on use of arbitration agreements by schools receiving Title IV assistance

We recently blogged about Public Citizen, Inc.’s petition to the Department of Education requesting the Department to adopt a rule requiring schools to agree, as a condition of receiving Title IV assistance under the Higher...more

OIG Conducts Review of Department of Education Program for Ensuring Compliance with SCRA

On February 29, the Department of Education Office of Inspector General (OIG) published a response to a congressional request that the OIG conduct a review of student loan servicers’ compliance with the SCRA. The OIG analyzed...more

Federal Judge Reverses Own Ruling on Release of Student Data

“Not so fast!” cried privacy advocates and parents when California federal judge Kimberly Mueller ordered the release of a huge database of personally identifiable student information to a group of plaintiffs’...more

White House Announces ConnectALL Initiative to Spur Broadband Deployment and Adoption

The Administration continues to drive efforts to spur broadband deployment across the country and to ensure that all Americans have access to affordable broadband service. Yesterday afternoon, President Obama announced...more

California AG Harris: Department of Education Should Revise Regulations to Protect Students Defrauded by For-Profit Colleges

Recently, California AG Kamala Harris requested that the Department of Education revise its proposed regulations regarding debt relief for students allegedly misled by “predatory” and for-profit colleges that advertise...more

UPDATE: Judge Modifies Ruling Impacting Disclosure of Student Records by California DOE

April 1 Deadline to Object Still Applies - The federal judge in the Morgan Hill Concerned Parents Association v. California Department of Education case modified her original decision regarding the release of student...more

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