Educational Institutions

News & Analysis as of

IRS Warns Schools of Dangerous Email Scam

On March 28, 2017, the IRS warned schools, universities, government entities and tax exempt organizations of a dangerous email scam currently circulating nationwide and targeting employers. According to the IRS, the scammer...more

Client Alert - Endrew F. v. Douglas County School District RE-1

On March 22, 2017, the U.S. Supreme Court issued a decision reassessing the standards by which schools must provide students with disabilities a free appropriate public education (FAPE) under the Individuals with Disabilities...more

The Importance of Being Specific

When you’re designing an individual education program (IEP), you better be specific. That’s the message from a recent federal court case outside of Philadelphia which said that Norristown School District’s IEP for a...more

OCR Signals Continued Title IX Enforcement

The U.S. Department of Education Office for Civil Rights (OCR) has announced the resolution of two Title IX sexual violence complaints filed against a private university in Ohio. In the resolution letter and agreement, which...more

The not to be underestimated ‘not-for-profit requirement’ in Australia

In a recent Tribunal decision, Deputy President McCabe has affirmed the decision of the Minister for Education and Training (Minister) to revoke the approval of Malek Fahd Islamic School Limited (MFISL) as an approved...more

Seventh Circuit Affirms Summary Judgment for Employer in Title VII and Title IX Retaliation Case

Recently, the United States Court of Appeals for the Seventh Circuit in Burton v. Board of Regents of the University of Wisconsin System, affirmed the district court’s order granting summary judgment in favor of the employer...more

VIE Validity Still Unsure - It may be premature to conclude that the decision of China’s Supreme People’s Court in last year’s...

A 2016 judgment (the “Judgment”) made by the Supreme People’s Court of China (the “Supreme Court”) was believed by some scholars and practitioners to confirm judicial recognition of the VIE structure. We believe the Supreme...more

Special Education Tip – Updating the IEP – 40-2017

When you hold an annual review, do not skip pages in the IEP. For instance, the Parental Input section should be different from year to year. It may be the same message, but at least change the wording....more

Fresh developments in regulations on private schools

As a breakthrough in the education area, the Amendment to the Law of Promoting Privately Run Schools has categorized private schools into for-profit ones and non-for-profit ones, and stipulates that private schools for...more

Third Circuit: On-Campus Residency Requirements Protected By State-Action Immunity Doctrine

In a recent decision, the Third Circuit held that a public university and its non-profit partner were immune from antitrust liability after the university enacted a student residency policy that benefitted on-campus...more

Kansas Supreme Court Declares School Funding Formula Constitutionally Inadequate, Gives Legislature Until June 30 to Enact New...

Earlier this month, the Kansas Supreme Court issued an opinion in Gannon v. Kansas holding that the state’s current system of funding public education was inadequate under the state's constitution. The Court relied primarily...more

Do School Employees Get Overtime For Occasional Extra Duty? [Wage & Hour FAQ]

Q. Our school district has hourly, non-exempt employees who occasionally perform extra work for the district – for example, chaperoning a school dance, or taking tickets at home games. Do we need to track the hours that...more

OIG: U.S. Department of Education Must Do More to Police the Financial Condition of Colleges and Universities

Last week, The Chronicle of Higher Education reported that it had analyzed data released by the U.S. Department of Education (“ED”) and concluded that 177 private colleges and universities failed ED’s financial responsibility...more

Gov. Haslam Proposes to Establish School Transportation Supervisor Program

Gov. Haslam's proposed legislation to establish a school transportation supervisor program passed out of the House Transportation Committee this week. The program sets up monitoring and oversight of transportation services...more

Third Circuit Permits Teaching Hospital Resident to Bring Retaliation Suit under Title IX

For the first time, the Third Circuit Court of Appeals found that Title IX of the Education Amendments of 1972, 20 U.S.C. 1681, et seq., applies to medical residency programs. Relying on extensive Supreme Court precedent and...more

Texas Spotlights Transgender Athlete Issues as Bill Progresses in Legislature

The Texas University Interscholastic League’s constitution requires that student-athletes compete according to the gender on their birth certificate. In February, a 17-year-old transgender male was required to wrestle against...more

Medical Residents Can Sue Under Title IX, Third Circuit Holds

The U.S. Court of Appeals for the Third Circuit recently revived a medical resident's harassment and retaliation claims against Mercy Catholic Medical Center, finding that the hospital is subject to Title IX. The Third...more

Blog: March 28 Deadline Looms for Online Schools to Obtain Authorization in New York

Last September, the New York Board of Regents issued new regulations requiring all degree-granting out-of-state institutions seeking to enroll New York residents in their online programs to obtain authorization from the...more

U.S. Department of Education Publishes Procedures for Group Borrower Defense Claims

On 19 January, the U.S. Department of Education published regulations to establish procedural rules governing certain proceedings under the Department’s borrower defense regulations and to update the Department’s related...more

UC Berkeley To Remove More Than 20,000 Online Videos From Public Access In Response To DOJ Captioning Demand

Seyfarth Synopsis: Fewer online videos from UC Berkeley will available to the public as a result of a DOJ demand that the videos have closed captioning....more

Fifth Circuit Warps Time In Decision On The Continuing Violation Doctrine

Seyfarth Synopsis: The U.S. Fifth Circuit Court of Appeals recently held for the first time that the continuing violation doctrine applies even when a plaintiff was subject to harassment that was severe enough to put the...more

Third Circuit Rules Private Hospital Is Subject to Medical Resident’s Title IX Claims

Seyfarth Synopsis: In Doe v. Mercy Catholic Medical Center, No. 16-1247 (3d Cir. 2017), the U.S. Court of Appeals for the Third Circuit recently held that the nondiscrimination and anti-harassment protections of Title IX...more

Supreme Court Remands Transgender Rights Case to Court of Appeals After Trump Administration Withdraws Obama Era Guidance

Seyfarth Synopsis: On March 6, 2017, the Supreme Court remanded a highly anticipated transgender rights case back to the Court of Appeals after the Trump Administration withdrew Obama era guidance regarding the rights of...more

SCOTUS, New Dear Colleague Letter Muddle Transgender Issues Under Title IX

The U.S. Departments of Justice and Education have withdrawn existing guidance on transgender students and issued a new Dear Colleague Letter calling into question whether Title IX requires that schools permit students to use...more

Blog: Important New Gainful Employment Guidance Released

The Department released Gainful Employment Electronic Announcement #105 which gives institutions until July 1, 2017 to “(1) submit an alternative earnings appeal to the GE Debt-to-Earnings rates that were released by the...more

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