Educational Institutions

News & Analysis as of

Connecticut’s U.S. Attorney to Focus on Discrimination in Schools

Educational institutions – including public and private schools, colleges, and universities – may have to defend various types of discrimination claims brought by students, and in various arenas. In addition to federal court...more

Higher Education Alert: NLRB Trend in Easing Unionization Continues with Recent Decision

The National Labor Relations Board issued a 3-2 decision last month in Pacific Lutheran University, 361 NLRB No. 157, in which it significantly modified the standards for determining: (1) whether college or university faculty...more

Harvard and OCR Enter into a Resolution Agreement – More Guidance for the Rest of Us

In the closing weeks of 2014, OCR announced its findings with respect to Harvard Law School’s Title IX compliance, as well as a resolution agreement which subjects the Law School, and the University, to monitoring for at...more

Governor Quinn Signs New Eavesdropping Law

As one of his last official actions in 2014, outgoing Illinois Governor Pat Quinn signed Senate Bill 1342, which amends the Illinois eavesdropping law that the Illinois Supreme Court found unconstitutional early in 2014....more

Keeping Students In Line – Without Repercussions

In 1958, a Brown University senior was expelled because he had the temerity to bring his girlfriend to his dorm room. He did not contemplate litigation. Instead, Ted Turner moved back home to Atlanta to work at his family...more

OMB and Federal Agencies Publish Final Rule on Grants and Cooperative Agreements

On December 19, 2014, the White House Office of Management and Budget (OMB) and 28 federal agencies published in the Federal Register a consolidated interim final rule to implement OMB’s December 2013 final guidance on...more

How to Project Gainful Employment Rates

On October 31, 2014, the U.S. Department of Education promulgated its new “gainful employment” or “GE” regulations. As we discussed in our blog post “The impact of new gainful employment regulations on… Harvard?,” the new...more

How to project gainful employment rates – Part 5

With this fifth and final post, we’re wrapping up our REGucation series on projecting gainful employment rates. We’re also pleased to announce that in the coming days, we’ll be publishing the entire series in a white paper...more

How to project gainful employment rates – Part 4

By this point our Gainful Employment Series, you will have determined the scope of your institution and the programs that qualify as “GE Programs” (Part 1), created your student cohort (Part 2), and started calculating...more

How to project gainful employment rates – Part 2

As discussed in our previous post, the U.S. Department of Education recently promulgated its new “gainful employment” or “GE” regulations, which prominently feature two metrics intended to assess whether a program offers a...more

SEVP Deploys More Field Representatives to Schools

As previously reported, the Student and Exchange Visitor Program (SEVP) division of U.S. Immigration and Customs Enforcement (ICE) announced the deployment of field representatives to serve as direct day-to-day liaisons...more

ECJ Rules on Digitization of Library Collections

Technische Universität Darmstadt v. Eugen Ulmer KG - The European Court of Justice (ECJ) ruled on the meaning of an exception contained in the European Copyright Directive (2001/29/EC), permitting the provision of...more

Health Care Reform Challenges for Educational Institutions

Educational institutions will face some unique challenges as the Affordable Care Act's “employer shared responsibility” requirement becomes effective next year. Beginning January 1, 2015, large employers that do not offer...more

The midterm elections and higher ed: What you need to know

In the days leading up to a national election, it can be challenging to navigate the waves of analysis and prognostication that flow forth from inside the Beltway, even when your interests are narrowly focused on a specific...more

When "Free" Is Too Good To Be True: Rethinking Interns And Volunteers Under Wage & Hour Laws

Educational institutions of all kinds often utilize the services of volunteers or so-called interns to assist with coaching sports or other extracurricular activities, and to participate in programs that are mutually...more

2014 Legislative Update: Summary Of Changes In School Law

In This Update: - Administration ..School as Polling Place ..Student Discipline Study ..Destruction of Public Records ..Sale of Personal Information ..DCFS Guardianship ..Children of...more

Illinois Felony Hazing Law Held Constitutional

In a criminal prosecution of four former fraternity members, a state judge ruled yesterday that the Illinois Hazing Act’s broad definition of “hazing” is sufficiently clear to withstand a constitutional challenge. ...more

FTC Changes COPPA FAQ To Provide New Guidance On Consent And Data Collection In Educational Settings

On April 22, the Federal Trade Commission (FTC) updated its "Frequently Asked Questions" (FAQ) website to provide additional information on how operators can collect students' personal information—in compliance with the...more

Santa Monica-Malibu Unified School District Board of Education Minutes Re: SPECIAL EDUCATION SETTLEMENTS BETWEEN NOVEMBER 2013 &...

Santa Monica-Malibu Unified School District Board of Education Meeting MINUTES NOVEMBER 2013 TO FEBRUARY 2014 Board of Education Meeting MINUTES: Ii Government Code §54956.9(d)(2) SPECIAL EDUCATION...more

New Campus Security Laws Take Effect This Month

A key section of the comprehensive federal legislation passed last year to prevent and address violence against women on campuses nationally takes effect this month. It is critical for educational institutions to understand...more

U.S. Department of Education Issues Guidance to Protect Student Privacy Online

Educational institutions face greater legal exposure given their increasing use of online educational services – and situations where they can both collect and disclose protected information. As a result, these institutions...more

Institutions of Higher Education and the Fair Credit Reporting Act: Third Circuit Holds Higher Education Amendments Offer No Safe...

In a recent precedential opinion, the Third Circuit has held that the Higher Education Act provides no safe haven from strict adherence to the Fair Credit Reporting Act for colleges and universities. Moreover, the Court...more

Employment Law Blog: Students, Employees and Assaults: Parallels Between Academic and Employer Requirements

Is it simply “human nature”? University of Iowa President Sally Mason is under scrutiny for her comments regarding a recent sexual assault reported to the university. Mason’s remarks were interpreted by portions of the...more

CFPB files enforcement action against for-profit education company over alleged predatory lending tactics

After hinting for months that it intends to use its enforcement powers to police lending in the higher education arena, the CFPB dropped the hammer on ITT Educational Services, filing suit against the for-profit college over...more

School-Facilitated Internships: No Worries, Right?

We have long warned that one should not simply assume that an internship associated with or sponsored by an educational institution falls outside of the federal Fair Labor Standards Act's requirements. Our caution includes...more

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