News & Analysis as of

Department of Education Office of Civil Rights

Department of Education Rescinds Obama-Era Title IX Guidance in Advance of New Rulemaking

This morning, the Office for Civil Rights of the Department of Education issued a “Dear Colleague” letter rescinding the Obama administration’s school sexual assault guidance. The Department also issued a new set of...more

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

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

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 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

Education Department Signals Possible Changes To Sexual Misconduct Dear Colleague Letter

by Jackson Lewis P.C. on

The Department of Education Office for Civil Rights has suggested that it is considering significant changes to or rescission of the April 4, 2011, Dear Colleague Letter on schools’ obligations to respond to sexual misconduct...more

Title IX Update - July 2017

by Nexsen Pruet, PLLC on

Office for Civil Rights Indicates Changes to Investigation Protocols - The Department of Education’s Office for Civil Rights (OCR) has reportedly released an internal memorandum indicating a change to its investigation...more

Transgender Equality: Coming to a School Bathroom or Locker Room Near You!

by Clark Hill PLC on

On February 22, 2017, the U.S. Departments of Education and Justice issued a letter withdrawing the statements of policy and guidance reflected in the May 13, 2016 Dear Colleague Letter on OCR's enforcement of Title IX with...more

Office for Civil Rights Issues New Instructions on Transgender Student Complaints

by Holland & Knight LLP on

Changing course on complaints involving transgender students, the U.S. Department of Education's Office for Civil Rights (OCR) recently issued new field instructions to its regional staff excluding discrimination claims based...more

Investigating Transgender Student Discrimination Under New Education Department Directives

by Jackson Lewis P.C. on

Department of Education regional directors have been given new instructions on sex discrimination protections for transgender students under Title IX of the Education Act of 1972. Two updated, internal Office of Civil Rights...more

Office for Civil Rights Changes Complaint Investigation Policy

by Holland & Knight LLP on

Reversing the practice under the Obama Administration, the U.S. Department of Education's Office for Civil Rights (OCR) has just issued new internal guidance changing how regional OCR offices will investigate discrimination...more

Office for Civil Rights Reduces Scope of Investigations to More 'Swiftly' and 'Efficiently' Resolve Complaints

by Pepper Hamilton LLP on

The Chronicle of Higher Education recently reported that, on June 8, 2017, the Department of Education’s Office for Civil Rights (OCR) distributed an internal memo containing new guidance that will provide regional offices...more

Check Please: OCR’s Future in the Wake of Proposed Budget Cuts

Published reports indicate that President Trump’s proposed budget includes what is approximately a fifty percent reduction in the prior fiscal year’s funding for the United States Department of Education’s Office for Civil...more

CAS Legal Mailbag Question of the Week – May, 2017 #4

by Shipman & Goodwin LLP on

Dear Legal Mailbag: Spring is in the air and I am spending the majority of my days at the various PPT and 504 meetings that have come on like a seasonal allergy. But to make matters worse, this is the season when parents...more

New York Institutions: Governor Reportedly to Order Comprehensive “Enough is Enough” Compliance Audit

Apparently prompted by allegations from students and advocates, New York Governor Andrew Cuomo is reportedly directing an audit, to be conducted by representatives from the New York State Department of Education, Department...more

Is Title IX Guidance and Enforcement About to Change?

by Pepper Hamilton LLP on

On February 22, the U.S. Department of Education issued its first Dear Colleague Letter guidance of the new administration, rescinding the transgender rights guidance that the Obama administration issued last summer. The...more

Department of Education and Department of Justice Withdraw Title IX Transgender Student Federal Guidance

by Clark Hill PLC on

On February 22, 2017, the Department of Education and the Department of Justice ("Departments") withdrew statements of policy and guidance on transgender students and their use of school restrooms and locker rooms that were a...more

Rescinded Guidance on Transgender Students’ Access to Sex-Segregated Facilities Raises Questions for Educators

by McGuireWoods LLP on

In the latest chapter in the saga of evolving legal rights and protections for transgender students, on Feb. 22, the Departments of Justice and Education issued a joint “Dear Colleague Letter” that rescinded their prior...more

Trump Administration Rolls Back Transgender Student Protections

by Fisher Phillips on

Schools No Longer Face Federal Requirement To Permit Transgender Students To Access Restrooms Corresponding With Their Gender Identities - Late yesterday, the Trump administration revoked Obama-era federal guidelines...more

Title IX Implications for Higher Education Institutions Over Peer Gender-Based Harassment

by K&L Gates LLP on

Many higher education institutions are well-versed in Title IX compliance and litigation issues as they relate to gender discrimination claims on account of university conduct, or claims arising out of sexual assaults on...more

OCR Releases New Section 504 Resource Guide

by Shipman & Goodwin LLP on

On December 28, 2016, the Office for Civil Rights (“OCR”) within the U.S. Department of Education released several guidance documents, including a Parent and Educator Resource Guide to Section 504 in Public Elementary and...more

U.S. Department of Education Issues New Guidance Interpreting Civil Rights Laws Protecting Students with Disabilities

by Barley Snyder on

Regulators have given school districts new guidance on how to remain compliant with federal laws concerning services to students with disabilities thanks to some year-end agency filings. U.S. Department of Education...more

Office for Civil Rights Issues Dear Colleague Letter: Restraint and Seclusion of Students With Disabilities

by Shipman & Goodwin LLP on

On December 28, 2016, the Department of Education, Office for Civil Rights (OCR), issued four guidance documents concerning students with disabilities. Along with two frequently asked questions documents concerning students...more

Title IX Enforcement and Interpretation: The Winds of Change are Blowing

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Title IX enforcement issues continue to notably permeate the agenda of colleges and universities. The winds of change to Title IX enforcement may be blowing in 2017. This Management Alert will review the...more

Top Ten Education Developments, Breaches, and Settlements of 2016

This year has been a busy year for education law in the area of data privacy. Educational institutions continue to be a rich target for hackers. Additionally, there were some important developments in the interpretation of...more

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