Educational Institutions

News & Analysis as of

Illinois Court Finds Special Property Tax Exemption Unconstitutional

A property tax exemption designed to benefit a single aviation company was recently found unconstitutional by the Illinois Appellate Court. The exemption was only for fixed base operators (FBOs) providing aeronautical...more

Higher Education Institutions Increasingly Falling Victim to Cyberattacks

Higher education institutions are treasure troves for hackers. Colleges and universities are huge repositories of research data, sensitive information for large populations of applicants and enrolled students (personal,...more

Open Carry? Or Not?

Police Chief Steroid McMuscles reported that Colt Glockenhand who entered Wally-Mart with a shotgun was not charged with “engaging in the lawful open carry of a pump-action shotgun” – a violation of the Cut and Shoot town...more

Department of Education requests emergency review of Guaranty Agencies’ security over student financial aid information

On July 16, 2015, the Department of Education issued a request through notice to the Office of Management and Budget (OMB) for emergency clearance so that Federal Student Aid (FSA) can initiate a formal security assessment...more

FINRA Proposes New TRACE Data Set

The Financial Industry Regulatory Authority (FINRA) announced last week that it is seeking comment on a proposal to create a new academic Trade Reporting and Compliance Engine (TRACE) data set. While academic researchers...more

2015 Florida Legislative Post-Session Report

Carlton Fields Jorden Burt’s Government Law and Consulting Practice Group released its 2015 Florida Legislative Post-Session Report detailing significant bills that passed during the 2015 Regular Session of the Florida...more

Reversing the Trend: Will Congress Act to Except College Tuition Payments from Clawback in Bankruptcy? - Congress Weighs...

A trend emerging in consumer bankruptcy cases around the U.S. is causing concern for many parents, students and undergraduate schools. As was reported by The Wall Street Journal in an article published on May 5, 2015, an...more

Deliberate Indifference to Bullying Can Amount to Massive Liability – Lessons from the Pine Bush Settlement

$4.48 million. That’s how much the Pine Bush School District in central-New York just agreed to pay to settle a lawsuit brought by a group of current and former students who alleged that school administrators were...more

Strong Athletic Compliance Programs: A Win-Win for Athletic Departments and Universities

Universities can minimize risk by developing a compliance program with a few essential attributes. Collegiate athletic departments are increasingly under fire for compliance-related concerns, including allegations of...more

Keeping Marblegate in Perspective: Implications for Debt Restructurings, Indenture Amendments and New Bond Issues

Involuntary debt restructurings that have the effect of impairing a bondholder’s right to receive payment may violate the Trust Indenture Act. This was recently held in the Marblegate/Education Management Corp. bondholder...more

Answering Your Questions about the New FLSA Regulations [Wage & Hour FAQ]

As you undoubtedly know by now, the Department of Labor’s Wage & Hour Division (WHD) finally announced its long-promised proposal to amend the Fair Labor Standards Act (FLSA) Regulations and, in particular, those governing...more

Gainful employment reporting: Institutional debt and unpaid charges

As REGucation readers know, on July 1, 2015, the U.S. Department of Education’s new “gainful employment” or “GE” regulations finally took effect. Among other things, the new rules require institutions to report a wide range...more

New Nevada Commerce Tax Effective July 1, 2015

While not purporting to give specific advice on Nevada tax law, the following is a summary of some of the general principals underlying the new tax law. A new Nevada Commerce Tax (“NCT”) was signed into law by Nevada Governor...more

PAC Upholds Board Action: No OMA Violation for Private Emails

In June, the Public Access Counselor (PAC) issued a non-binding opinion holding that board members of a school district did not violate the Open Meetings Act (OMA) when partaking in intermittent private email exchanges...more

Amendments Clarify Employers’ Background Check Obligations Under Pennsylvania Law

On July 1, 2015, Governor Tom Wolf signed into law Act 15 (House Bill 1276), which amends Pennsylvania’s Child Protective Services Law (CPSL) to clarify the requirements of employers and volunteer-based organizations to...more

Enough is Enough Becomes Law

As expected, New York Governor Andrew M. Cuomo signed the “Enough is Enough” legislation into law on July 7, 2015. As a result, the majority of the legislation’s provisions imposing obligations on colleges and universities...more

Alert: California Approves Pathway for Non-Profit Institutions to Maintain Exemption from State Oversight

Governor Jerry Brown has now signed into law Senate Bill 81, which included language amending the California Private Postsecondary Education Act of 2009 (the "Act") to permit "independent institutions of higher education"...more

ISBE Issues Updated Non-Regulatory Guidance on PERA and Senate Bill 7

The Illinois State Board of Education (ISBE) recently updated its Non-Regulatory Guidance on the Performance Evaluation Reform Act (PERA) and Senate Bill 7 (SB 7). Similar to the 2012 guidance, the updated Non-Regulatory...more

Is Your School District’s Lack of Social Media Guidelines Putting the District at Risk?

School districts are under growing scrutiny and criticism for the lack of clear social media guidelines and policies. For instance, after a Michigan teacher reportedly was sentenced to 6 to 15 years for an inappropriate...more

“Enough is Enough” Legislation Becomes Law: New York Education Law Article 129-B Establishes New Requirements for New York State...

On July 7, 2015, New York Governor Andrew Cuomo signed into law legislation that will, once again, change the way public and private colleges and universities in New York (“higher education institutions”) must respond to...more

IHSA and Attorney General Reach Agreement on Participation of Student Athletes with Disabilities

In late June, the Office of the Attorney General (OAG) and the Illinois High School Association (IHSA) reached an agreement, settling two pending federal court cases, aimed at ensuring that student athletes with disabilities...more

MA Issues Regulations on Earned Sick Time for Student Workers and Faculty - Attorney General's Office Releases Final Regulations...

The Massachusetts Earned Sick Time Law (M.G.L. ch. 149, §148C), takes effect today, July 1, 2015. In broad terms, the law obligates covered Massachusetts employers to provide certain paid sick leave benefits to covered...more

Connecticut Governor Signs Cybersecurity Study Act

Wednesday, Connecticut Governor Dannel Malloy signed Special Act No. 15-13, effective immediately, which requires the Connecticut Department of Administrative Services, in consultation with the Department of Emergency...more

Alert: Department Issues New Dear Colleague Letter on State Authorization

On Friday, June 19, 2015, the US Department of Education ("ED" or "the Department") issued a Dear Colleague Letter (GEN-15-10) ("DCL") reminding institutions that the current state authorization requirements (34 CFR § 600.9)...more

Religious Institutions: June 2015

Religious institutions commonly make payments to or receive payments directly or indirectly from governmental agencies for services rendered; e.g., day cares that benefit from public scholarships, hospitals that participate...more

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