Educational Institutions

News & Analysis as of

Former Yale Basketball Captain Sues University Over Sexual Misconduct Expulsion

Jack Montague, who was expelled from Yale University earlier this year following his involvement in an alleged sexual assault, recently filed a lawsuit against the University for allegedly mishandling the investigation and...more

University’s Race-Conscious Admissions Program Upheld by Supreme Court

The U.S. Supreme Court today affirmed the University of Texas at Austin's admissions program, which permits consideration of an applicant’s race as one of a number of factors in admissions decisions. Justice Kennedy authored...more

Supreme Court Reaffirms University's Race-Conscious Admissions Policy

In a much-anticipated decision, the U.S. Supreme Court upheld the University of Texas at Austin's race-conscious undergraduate admissions policy. That policy applies to roughly 25 percent of the incoming class. The other 75...more

New Opportunities in Cuba for Universities

The Administration's recent efforts to normalize trade relations with Cuba has resulted in new opportunities for universities. Although the embargo is still in place, the Administration has carved out multiple exceptions....more

New York State Department of Education Publishes New Filing Guidance on Section 129-B Policies

Below is an update that the New York State Education Department (“NYSED”) posted on its website on June 16th regarding the Certificate of Compliance required to be filed under Article 129-B with the NYSED by July 1, 2016,...more

Legal Update: School Website Accessibility and Digital Communications Requirements

To ensure compliance under Section 504 of the Rehabilitation Act (Section 504) and Title II of the Americans with Disabilities Act (Title II), both of which are enforced by the U.S. Department of Education (ED), Office for...more

American College Health Association Releases Guidelines to Address Campus Sexual and Relationship Violence

Last week, the American College Health Association (ACHA) released guidelines for addressing sexual and relationship violence on college and university campuses. According to the ACHA, the purpose of the guidelines is to...more

Department Of Education Issues Guidance on Improving Gender Equity in Career and Technical Education Programs

On June 15, 2016, the U.S. Department of Education’s Office for Civil Rights (OCR) in conjunction with the Department’s Office of Career, Technical, and Adult Education (OCTAE) issued a Dear Colleague Letter (“Letter”)...more

Healthcare Subsidies for Grad Students: An ACA Conundrum

Colleges and universities historically have provided graduate student employees (e.g., teaching assistants) with a stipend or reimbursement to help defray (or even fully cover) the cost of their medical coverage under the...more

New York Institutions: NYSED Posts Update on Status of Article 129-A and Article 129-B Filing System

In a new update posted to its website, the New York State Education Department has indicated that it is continuing work on its electronic system for the submission and recording of this year’s required certificates of...more

Department of Education Proposes Rules Increasing Student Loan Risk to Schools

On June 13, the Department of Education (DOE) proposed new rules relating to effective discharges of student loans. The proposed rules should be of note and concern to all schools, nonprofit and for-profit alike, because of...more

Alert: Challenges to Gainful Employment Student Completer Lists Due July 28

The US Department of Education has set the deadline for institutions to file corrections to their "student completer lists" as the next major step in ED's effort to publish the first set of rates under the Gainful Employment...more

Alert: ED to Propose New Rules for Online Education

Last week, the Department of Education (ED or the Department) submitted to the Office of Management and Budget (OMB) proposed new or amended state authorization regulations. The proposed regulations relate to state...more

Colorado Law Protects Student Information, Boosts Cybersecurity Resources

Colorado Governor John Hickenlooper has signed into law two bills implementing enhanced protections and obligations for entities handling student personally identifiable information and increasing state resources dedicated to...more

Governor Wolf and the Pennsylvania Legislature Crack Down on Hazing in Secondary Schools

On May 24, 2016, Governor Tom Wolf signed legislation requiring Pennsylvania secondary schools to adopt policies and procedures to prevent and correct hazing in schools. House Bill 1574, sponsored by Rep. Ron Marsico,...more

Highlights of New York State Guidance on N.Y. Education Law Article 129-B

On June 2, 2016, the New York State Education Department and the New York State Office of Campus Safety published a 52-page joint guidance document (“Guidance”) on New York Education Law Article 129-B (“the Law”), also often...more

New York State Education Department Publishes Interpretative Guidance on “Enough is Enough” Legislation

On June 2, 2016, the New York State Education Department published joint guidance from the Department and the New York State Office of Campus Safety that is intended to assist colleges and universities in complying with...more

Residence Hall Directors Under The New FLSA Exemption Rules

One of the issues that colleges and universities are struggling with under the new FLSA overtime exemption rules is how to compensate residence hall directors. While responsibilities vary from institution to institution,...more

[Webinar] Best Practices for Licensing in Today's Evolving Legal Framework - June 16th, 1:00pm CST

The Supreme Court of the United States recently held that royalty payments beyond the expiration of a patent are per se unlawful. However, many ground-breaking technologies being developed and licensed from the nation's...more

Legal Update: Anti-Hazing Act

On May 24, 2016, Governor Wolf signed legislation expanding existing anti-hazing laws applicable to post-secondary institutions to now include public and private school students in grades 7 through 12. House Bill 1574...more

Labor Board Will Decide Organizing Rights of Non-Teaching Employees at Religious Colleges, Universities

The National Labor Relations Board is set to decide if the same test used to determine whether teaching employees of a religious school are subject to the Board’s jurisdiction should be extended to non-teaching employees....more

Senate hearing reviews ransomware in a school system

On May 18, the Senate Judiciary Committee Subcommittee on Crime and Terrorism heard from Charles C. Hucks, the Executive Director of Technology for the Horry County, South Carolina, School System. The 52 schools and the...more

What Is Your Starting Salary? New FLSA Regulations Raise The Bar For U.S. Employers

Employers with salaried employees earning under $47,476 annually should evaluate the impact on their organizations of major changes to employee compensation following new federal wage requirements effective December 1,...more

School Restriction on Decorating Graduation Cap Upheld

It is graduation season and issues concerning graduation conduct and dress come to the forefront during this time of the year. A recent decision by the United States District Court for the Northern District of Oklahoma...more

Federal Government Issues Guidance to Schools on Title IX and Transgender Students

In a move that made headlines across the country, two federal government agencies issued a significant guidance document last week interpreting Title IX's requirements for protecting transgender students' rights....more

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