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Fisher Phillips

Summer Reading for Educational Leaders: Resources to Help You Plan for the 2024-2025 School Year

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As you recover from another whirlwind of a school year, we hope you can take some time to relax and enjoy your summer break. The next few months will be the perfect time to – at your leisure – catch up on this past year’s...more

Sands Anderson PC

Protecting Protests on Private Campuses

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After criticism of her testimony before Congress on antisemitism on college campuses, the President of the University of Pennsylvania, Liz Magill, resigned. And, at Pomona College, authorities arrested a professor who...more

BCLP

NLRB Regional Director Determines Dartmouth Basketball Players Are Employees

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In a much-anticipated decision issued on Monday, February 5, 2024, Region 01 of the National Labor Relations Board (the “NLRB”) decided that the players on the Dartmouth College men’s basketball team qualify as employees...more

Fisher Phillips

Arizona Has Entered the Chat: Federal Court Rules That Non-Profit Schools Are Not Subject to Title IX

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After two federal courts in Maryland and California ruled that private schools were subject to Title IX just by virtue of being non-profit, an Arizona court has weighed in with the opposite view and given hope to schools...more

Fisher Phillips

Education Flash Survey Reveals Wide Differences in COVID Approach for New School Year

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While the great majority of schools will not be requiring their students or staff to be vaccinated against COVID-19 this coming school year, that’s not necessarily true for schools in the Northeast and on the West Coast....more

Jaburg Wilk

The First Amendment Protects Only Some Arizona Students

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Many students are generally familiar with the First Amendment of the Constitution, but they often overlook that it only confers the right “to petition the Government for a redress of such grievances.” As a result, only...more

Fisher Phillips

Indiana Employers and Educators Need to Adapt to Updated COVID-19 Control Measures

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The Indiana State Department of Health (ISDH) recently updated its COVID-19 control measures in response to the resurgence of positive cases across the state, and all employers regardless of industry will be expected to take...more

Bricker Graydon LLP

American Rescue Plan and Higher Education Emergency Relief Fund III: What institutions of higher education need to know

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President Biden signed the American Rescue Plan Act of 2021 into law on March 11, 2021. The Act includes around $1.9 trillion dollars in funding for coronavirus recovery, $39.6 billion of which is appropriated to institutions...more

Steptoe & Johnson PLLC

NLRB Paves the Way for Graduate Student Unions

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NLRB withdraws proposed rule intended to benefit private colleges and universities: The March 15, 2021 Federal Register contained an unwelcome surprise for private colleges and universities. The National Labor Relations Board...more

Fisher Phillips

Staying In Your Lane: Unnecessary Board Actions Can Create Legal Risk

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In the wake of the ravages COVID-19 is wreaking on educational institutions, independent and private school boards of trustees are seeking clarity on legal protections for board members and boards of trustees acting on behalf...more

Bricker Graydon LLP

[Webinar] Political Speech on the College Campus (Higher Education) - October 2nd, 2:00 pm - 3:00 pm EST

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The election is coming, and political discourse is contentious. How will your institution address speech on campus? Join Bricker attorneys Josh Nolan, Jeff Knight and Jessica Galanos for a discussion on addressing employee...more

Searcy Denney Scarola Barnhart & Shipley

Secretary of Education Revises Title IX Laws -- How Do New Regulations Favor Sex Offenders?

Those in the education field should be focused on protecting students. Students should feel safe attending school and college. If they are being physically or sexually assaulted by teachers or coaches, they should be able to...more

Bowditch & Dewey

Tuition Remission: If the Plan Discriminates, the Tax Consequences are Brutal

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One of the great perks of working at a private educational institution—university, college, or independent school—is the tuition remission for employees and their families. You know how expensive school tuition has become. So...more

Holland & Knight LLP

Massachusetts Begins Financial Screening of Private Colleges and Universities

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Massachusetts begins financial screening of independent institutions of higher education (IHEs) this month. The state legislature enacted the first-of-its-kind legislation in late 2019. The Board of Higher Education (BHE)...more

Holland & Knight LLP

Massachusetts Issues First-of-Their-Kind Regulations for Financial Screening of Private Colleges

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In the latest attempt to address the financial challenges facing higher education, the Massachusetts Board of Higher Education (BHE) has issued new regulations that for the first time establish a state program for annual...more

Franczek P.C.

Is My Public School, Private School, or College or University Subject to the HIPAA Privacy Rule? Revised Federal Guidance Provides...

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School leaders are often understandably confused as to which law applies to health- or medical-related records in schools: The Family Educational Rights and Privacy Act (FERPA) or the Health Insurance Portability and...more

Fisher Phillips

The New Norm: Responding To White Supremacy In Our Schools

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It’s here. It’s happening. Each day, another piece of what our society recognizes as white supremacist ideology finds its way into mainstream social media and news platforms. We read about it, wrestle with our stand on “free...more

Bond Schoeneck & King PLLC

Proposed Rule Would Preclude Undergraduate and Graduate Students from Union Organizing

On September 23, 2019, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking that addresses the long-standing issue of whether undergraduate and graduate students who perform services for...more

ArentFox Schiff

NLRB Proposes Rule Excluding Private College and University Student Workers from NLRA Coverage

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Upending recent precedent, the National Labor Relations Board, yesterday, proposed a rule that, if adopted, will exempt from the NLRB’s jurisdiction undergraduate and graduate students who perform services in connection with...more

Fisher Phillips

Web Exclusive: Emotional Rescue? Emotional Support Animals In Schools

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Just when private schools were becoming relatively knowledgeable about their obligation to allow a disabled student’s service animal on their premises, they started getting requests from employees to have their emotional...more

Fisher Phillips

The Surf-By Lawsuit Has Officially Found Its Way To The School Industry

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Earlier this year, we published an article warning that websites have become the new hotbed of litigation brought under the Americans with Disabilities Act (ADA), and that schools across the country should take note (“Your...more

Franczek P.C.

OCR Quietly Updates Case Processing Manual, Bringing Big Changes For Schools

Franczek P.C. on

On November 20, 2018, the U.S. Department of Education’s Office for Civil Rights (OCR) announced the second round of revisions to its Case Processing Manual (CPM) in 2018. The CPM outlines the procedures OCR uses to...more

Fisher Phillips

Keeping Our Students Safe—A Threat Assessment Model

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With the seemingly ever-increasing propensity for America’s youth to resort to violence to resolve conflict—real or imagined—school administrators are collectively searching for guidance in preventing violence before it...more

Fisher Phillips

Student Discipline And Expulsion: What Holds Up In Court?

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While all educators aim to create an environment where every student thrives and flourishes, we know that there are times when a student’s actions require discipline or expulsion. Those are always difficult decisions....more

Fisher Phillips

#NeverAgain? How Schools Should Respond To Student Protests

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After the February 14 tragedy at Marjory Stoneman Douglas High School in Parkland, Florida, students began to organize like rarely before to protest gun violence in schools. Protests such as school walk-outs and “die-ins”...more

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