Educational Institutions

News & Analysis as of

Students Have One Year After Reaching the Age of Eighteen to File Personal Injury Lawsuit Against School

The Illinois Appellate Court (Second District) recently determined that a student who was injured while at school as a minor could not pursue a personal injury lawsuit against the school district because she did not file the...more

Revised Illinois Special Education Regulations Go into Effect

The Illinois regulations related to special education were recently revised, effective January 13, 2016. Many of the changes clarify language or remove provisions specifically applicable to prior years. Additionally,...more

FTC files suit against Devry University for deceptive advertisement from data

The FTC filed suit against Devry University on January 27th, alleging that its ads, stating that 90 percent of its graduates obtained jobs in their field of study, and were making 15 percent more than graduates from other...more

New Federal Bill Would Allow Risk Retention Groups to Cover Property

A bill recently introduced in the House seeks to expand the authority of Risk Retention Groups (“RRGs”) to write property, and not just commercial casualty, coverage. HR 3794, which was introduced on a bipartisan basis, would...more

U.S. Department of Education Issues Dear Colleague Letter on the ESSA

As we previously reported, on December 10, 2015, President Obama signed into law the Every Student Succeeds Act (“ESSA”), which reauthorizes the Elementary and Secondary Education Act of 1965 (“ESEA” or “NCLB”). On December...more

South Carolina Legislative Update

The South Carolina General Assembly had a very active second week of session, although much of the deliberation occurred primarily in the various subcommittees and committees. A few highlights are as follows...more

A Break From The Trend? NLRB Regional Director Finds Carroll College Exempt From Board Jurisdiction Under Pacific Lutheran

Union organizing directed at religious college and university faculties has gained momentum since the National Labor Relations Board (“Board”) issued its decision in Pacific Lutheran University (“PLU”) in 2014. In PLU, the...more

Florida State University Pays $950,000 to Settle Title IX Lawsuit

This week, James Ryan, a Partner at Cullen and Dykman LLP was featured in the Associated Press article regarding the highly publicized settlement between Florida State University (“FSU” or the “University”) and Erica Kinsman,...more

A Double-Edged Sword: Federal Abstention in the Student Disciplinary Hearing Context

As higher education institutions struggle to implement the Department of Education’s ever-expanding rules governing sexual violence on campus, many student respondents involved in disciplinary proceedings are returning fire...more

NLRB Seeks Briefs on Question of Graduate Students' Right to Organize

On January 13, 2016, the National Labor Relations Board issued a call for interested parties to file briefs addressing the Board’s current standard on whether graduate student assistants are “employees” under the National...more

U.S. Senator Questions Whether U.S. Department of Education Has Overstepped Title IX Authority

Last week, U.S. Senator James Lankford (R-Okla.), chairman of the Senate’s Homeland Security and Governmental Affairs Subcommittee on Regulatory Affairs and Federal Management, sent a letter to John B. King, Jr., the Acting...more

Racial Tensions On Campus: Six Practical Solutions For Educational Institutions

Almost five years ago, the Department of Education issued its “Dear Colleague” letter on Title IX and sexual violence. The letter was a not-so-subtle reminder that Title IX requires federally funded educational institutions...more

California Federal Judge Rules Title IX Covers Sexual Orientation Discrimination

In December, 2015, a federal judge in California ruled that discrimination based on sexual orientation violates Title IX, broadly interpreting the statute that prohibits sex discrimination in colleges and universities....more

Six States File Amicus Brief in Transgender Teen’s Appeal to Use Boys’ Bathroom

Recently, the South Carolina State Attorney General filed an amicus brief on behalf of six states in support of a school board’s restroom policy that prohibits a transgender teen from using the boys’ restroom....more

DOJ Reaches $145,000 Settlement Over Access of Emotional Support Animal to University Housing

The U.S. Department of Justice (DOJ) and Kent State University (KSU) reached a $145,000 settlement over claims of discrimination under the Fair Housing Act (FHA) on January 4, 2016. In 2014, DOJ initiated a lawsuit against...more

Proposed Rule Would Expand Cap Exempt Status for Non-Profit Entities that are 'Related or Affiliated' with Institutions of Higher...

On December 30, 2015, the Department of Homeland Security (DHS) issued a proposed rule to amend certain regulations related to employment-based immigrant and nonimmigrant visa programs. One of the key proposed changes is an...more

School Boards Beware: Appellate Court Applies High Bar for School Board Ignoring Hearing Officer’s Findings of Fact

The Illinois Appellate Court (Fifth District) recently reversed a school board’s decision to dismiss a tenured teacher for failure to comply with a notice to remedy. This case confirms that while school boards have...more

CFPB Reports on Credit Card Agreements and Warns Colleges of Potential CARD Act Violations

On December 16, the CFPB issued its annual report to Congress regarding credit card marketing agreements between colleges and issuing credit card organizations. Pursuant the Credit Card Accountability, Responsibility, and...more

Reminder of Key Gainful Employment Program Deadlines

As the calendar imminently turns to 2016, postsecondary institutions must be mindful of several key deadlines applicable to their Gainful Employment (GE) programs, which include all non-degree programs at public and private...more

News from Second and State

The year 2015 has come and gone, and Pennsylvania has yet to see any snow or a complete 2015-2016 spending plan. By Christmas Eve, the House and Senate sent a $30.2 billion general appropriation bill, H.B. 1460 (Adolph,...more

“Some” Educational Benefit Is the Correct Standard for Determining FAPE Under the IDEA

The Fourth Circuit Court of Appeals recently reiterated that the correct standard for determining whether a student has received a free and appropriate public education (FAPE) is whether the student has received “some” rather...more

O’Bannon And Alternative Forms Of Injunctive Relief

In O'Bannon v. NCAA, the Ninth Circuit held that NCAA regulations barring compensation to student-athletes are subject to antitrust scrutiny under the Sherman Act’s rule-of-reason analysis. The court upheld the district...more

CFPB releases report on college credit card agreements, student account toolkit and warning letters

Earlier this week, the CFPB released  its sixth annual report on college credit card agreements, together with a new toolkit for schools to use when considering potential co-sponsorships of financial accounts, such as prepaid...more

Recent Amendments to the New York Nonprofit Revitalization Act of 2013

On July 1, 2014, the New York Nonprofit Revitalization Act of 2013 (the Revitalization Act) came into effect and brought about major changes for all New York nonprofit corporations, including education corporations and...more

Out with the Old and In with the New: President Obama Replaces No Child Left Behind with the Every Student Succeeds Act

After a controversial 13-year reign, the No Child Left Behind Act (“NCLB”) has come to an end. Last Thursday, after a bipartisan vote of 85-12 the day before in the U.S. Senate, President Obama signed into law the Every...more

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