News & Analysis as of

Educational Institutions

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

New York Institutions: Annual Certificates of Compliance With Education Law Articles 129-A and 129-B Due at NYSED by July 1

It’s that time of year again! Just a friendly reminder that New York colleges and universities must file their Article 129-A and Article 129-B of the Education Law Certification of Compliance with the New York State Education...more

New Rules: OCR Issues Internal Memorandum Impacting Enforcement Practices for Pending and Future Investigations

by Shipman & Goodwin LLP on

Earlier this month, the U. S. Department of Education, Office for Civil Rights’ Acting Assistant Secretary issued an internal memorandum to Regional Directors eliminating certain existing internal procedures and detailing new...more

Clarifying the status of Gainful Employment and Borrower Defense to Repayment

by Thompson Coburn LLP on

During the second term of the Obama administration, the U.S. Department of Education promulgated several complex regulatory packages. Among the most significant and controversial were the Gainful Employment (“GE”) rule,...more

1 Million Individuals’ Personal Data on Backup Drive is Stolen from Washington State University

File this story in the category of even locking data up in a safe is not secure. Washington State University (WSU) has begun to notify approximately 1 million individuals that their personal data was compromised when a...more

Office of Civil Rights Field Instructions Signal Shift in Approach

by Barley Snyder on

It was revealed last week that Acting Assistant Secretary for the Office of Civil Rights (OCR), Candice E. Jackson, issued instructions to OCR regional directors on June 6, 2017, addressing the processing of complaints in...more

Younger Abstention in Title IX Litigation: A Tale of Two Outcomes

by Saul Ewing LLP on

The United States Court of Appeals for the Sixth Circuit has affirmed a district court decision holding that the federal trial court must abstain from judicial review of an ongoing disciplinary proceeding against a student at...more

2017 Security Breaches: Frequency and Severity on the Rise

by Revision Legal on

We are only six months into 2017, and we can already tell that it is going to be a bumper year with regard to instances of data security breaches. Looking back at the hacking statistics from 2015 and 2016, we should not be...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

Dept. of Education postpones effective date of arbitration ban and other provisions of “borrower defense” rule, announces intent...

by Ballard Spahr LLP on

In a notice published in today’s Federal Register, the Dept. of Education announced that it is postponing “until further notice” the July 1, 2017 effective date of various provisions of the “borrower defense” final rule...more

Blog: Reminder: July 1 Deadline for Out-of-State Schools to Register to Enroll Distance Learning Students in California

by Cooley LLP on

Effective July 1, private postsecondary institutions outside of California that enroll California students are generally subject to new “Out-of-State Institution Registration” regulations. The California Bureau for Private...more

During Last Week of School Seventh Circuit Rules in Favor of Transgender Teen On Restroom Use

by FordHarrison on

On May 30, 2017, on the heels of the Seventh Circuit’s ground-breaking en banc decision in Hively v. Ivy Tech. College holding that sexual orientation is a protected trait under Title VII, a unanimous three-judge panel of...more

Hot List – What’s Happening in the California Legislature 6/12-6/16

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week....more

Transgender High School Student Prevails in Bathroom Access Case Before Federal Appellate Court Over Illinois

by Franczek Radelet P.C. on

In an opinion issued last week, the Seventh Circuit Court of Appeals decided in favor of a transgender student who challenged his high school’s decision to limit his access to boys’ communal bathrooms. ...more

Lawsuit filed challenging Dept. of Education “borrower defense” final rule banning arbitration

by Ballard Spahr LLP on

The California Association of Private Postsecondary Schools (CAPPS) has filed a complaint in D.C. federal district court against the Dept. of Education and Education Secretary Betsy DeVos to overturn the “borrower defense”...more

Special Education Tip – I Want My Child to Be Like Everyone Else – 52-2017

by Pessin Katz Law, P.A. on

I Want My Child to Be Like Everyone Else - You hear it a lot at IEP and 504 meetings: parents who do not want special transportation, pull-out instruction, or supplementary aids and services because they do not want their...more

New Federal Court Interpretation for Transgender Protections

by Barley Snyder on

In a decision that could have significant implications in the ongoing tug-of-war in the scope of protection afforded transgender individuals under federal law, a holding this week from a federal appeals court applied a novel...more

Blog: California Assembly Recommends Eliminating For-Profit Institutions from Cal Grant Program

by Cooley LLP on

While there are indications that Washington has lessened its antipathy towards for-profit institutions, states continue to go in their own directions. This post focuses on the California Assembly’s recommendation to eliminate...more

Illinois Court Rules That College Foundation Documents Subject to FOIA

On May 9, 2017, the Illinois Appellate Court held that the College of Du Page Foundation (Foundation), a fundraising organization for the public College of Du Page (College), is subject to the state’s open records law. In...more

CHRO – A New Horizon For Students With Disabilities?

As my colleague Rachel Ginsburg aptly foretold, Connecticut’s Commission on Human Rights and Opportunities [“CHRO”] has indicated an interest in involving itself with discrimination claims concerning the schools. A recent...more

Partial Victories to Two Universities in Their Motions to Dismiss Code Section 403(b) Fee Litigation

by McDermott Will & Emery on

Multiple large, class action lawsuits have been filed against prominent higher education institutions claiming fiduciary breaches under their Code Section 403(b) plans as a result of insufficient oversight of plan...more

Appellate Court Holding Extends FOIA to College Foundation

by Franczek Radelet P.C. on

Recently the Second District Appellate Court issued an opinion holding that the Illinois Freedom of Information Act (FOIA) applied to certain records in the possession of the College of DuPage Foundation, a 501(c)(3) entity...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

Breach of Fiduciary Duty Case Against University Retirement Plan Fiduciaries Survives Motion to Dismiss

by Ballard Spahr LLP on

A plaintiffs' class action law firm in St. Louis made national headlines last August when it filed a series of breach of fiduciary duty lawsuits under ERISA, the federal employee benefits law, against the fiduciaries of...more

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