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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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