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Senator Crapo raises concerns with Department of Education campus financial product rulemaking

Republican Senator Mike Crapo, Ranking Member of the Senate Committee on Banking, Housing, and Urban Affairs, sent a letter last week to Department of Education (ED) Secretary Arne Duncan to raise several concerns with the...more

CFPB Pressures Banks To Disclose Campus Marketing Agreements

On August 6, the CFPB’s Student Loan Ombudsman, Rohit Chopra, published a blog post addressing the financial arrangements between financial institutions and institutions of higher education that market financial products to...more

Judge Rules NCAA Ban on Student-Athlete Compensation Violates Antitrust Law

On Friday, August 8, 2014, the Northern District of California determined that the National Collegiate Athletic Association’s (NCAA’s) rules banning student-athletes for being compensated for the use of their names, images...more

High School Football Players (and others) Tweet with Caution

I recently read an article about how college football recruiters are using twitter to screen out potential players for their teams. It’s becoming a somewhat common practice for recruiters to monitor the twitter accounts of...more

When The Teacher Is The School Bully

Anti-bullying laws may now have a significant impact on what is considered to be “emotional abuse” in schools. Recently, the Connecticut Supreme Court concluded that a teacher’s bullying behavior toward a student met the...more

Student Can Be Eligible For Special Education With Both A Specific Learning Disability And Other Health Impairment At The Same...

In E. M. v. Pajaro Valley Unified School District (July 15, 2014) No. 12-15743, the Ninth Circuit recently held that a student with an auditory processing disorder could be eligible for special education and related services...more

Federal Judge Enjoins NCAA Player Likeness Rules as Illegal Price Fixing

On August 8, 2014, a California federal judge ruled that college athletes can share in the billions of dollars generated from media contracts, finding that restraints imposed by the National Collegiate Athletic Association...more

Court Rules Against NCAA in O’Bannon Case

The United States District Court for the Northern District of California issued its highly anticipated decision in the Ed O’Bannon case on August 8, 2014. The Court ruled in favor of the plaintiffs, a class consisting of...more

SEVP Draft Policy Guidance on Conditional Admission, the Form I-20, and English Proficiency

The Immigration and Customs Enforcement (“ICE”) Student and Exchange Visitor Program (“SEVP”) issued draft guidance clarifying issues related to the appropriate issuance of the Form I-20, "Certificate of Eligibility for...more

The Lack of Concussion-Specific Helmet Safety Standards Remains a Concern for School Districts and Student-Athletes

With the national spotlight increasingly focused on concussion management, protocols, and prevention, it is somewhat surprising that helmet safety has not comprised a larger role in the discussion....more

The Horror – Bar Exam Software Server Problems Nationwide

As if the nation’s bar examinees didn’t have enough to worry about — last night, the company administering the process for any test-taker using his or her laptop to take yesterday’s essay portion of the exam experienced what...more

Illinois AG Sues Student Debt Relief Firms

On July 14, Illinois Attorney General (AG) Lisa Madigan announced that her office filed separate civil lawsuits in state court against two student debt relief firms and their principals. The lawsuits allege that the...more

University of Texas’s Use of Race In Student Admissions Survives Another Legal Hurdle

The U.S. Court of Appeals for the Fifth Circuit decided this week that the University of Texas’s consideration of race as a factor among many factors for college and university admissions is legally permissible in Fisher v....more

Guidance Regarding Compliance with Changes to Clery Act Made by VAWA Before Final Regulations Become Effective

Earlier this week, the U.S. Department of Education’s Office of Postsecondary Education (DOE) released guidance designed to assist institutions of higher education in determining how to comply with the Violence Against Women...more

Federal Government Bars Immigration Checks By Schools

The U.S. Departments of Education and Justice have recently issued new guidance – in the form of a “Dear Colleague” letter to school administrators nationwide – barring public schools from conducting immigration checks on...more

Federal Judge Upholds New York City Policy Barring Unvaccinated Students from Attending School During Periods of Disease Outbreak

On June 04, 2014, Judge William F. Kuntz II of the Eastern District of New York upheld a controversial New York City policy that prohibits unvaccinated children from attending school when a classmate becomes infected with a...more

Amicus Briefs Submitted to NLRB on Appeal of Northwestern University Decision

As previously noted in this blog, the National Labor Relations Board (“NLRB”) has sought amicus curiae briefing in the Northwestern University and College Athletes Players Association matter on review of the NLRB Regional...more

Uptick in Hazing-Related Incidents Provides Sobering Reminder of Potential Claims Against Colleges and Universities

Across the United States there has been a recent surge of injuries — and deaths — resulting from hazing and initiation rites led by student organizations. These tragic events have produced lawsuits and investigations into...more

Questions and Answers on Title IX and Sexual Violence: Five Key Questions That Have Actually Been Answered – and Five New...

On April 29, 2014, the Office for Civil Rights of the United States Department of Education (“OCR”) issued a “significant guidance document” that sought to address many of the questions that arose in the wake of the April 4,...more

Capital Thinking: Education

Higher Education Act Draft Legislation - Senate Health, Education, Labor and Pensions Committee Chairman Tom Harkin (D-IA) will release a package of Higher Education Act (HEA) proposals this week. The package will...more

House Subcommittees Hold Joint Hearing on Data Mining and Student Privacy

Today, the House Education Subcommittee on Early Childhood, Elementary, and Secondary Education and the Homeland Security’s Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies held a joint...more

New Florida Law Gives In-State Tuition to Certain Undocumented Students

On June 9, 2014, Florida Governor Rick Scott signed a bill allowing certain Florida students without a lawful immigration status to receive in-state college tuition rates. The new law will go into effect on July 1, 2014. ...more

Department of Education proposal on campus financial products expected in July

We recently commented that financial institutions offering financial products to college students, including debit or prepaid cards, under agreements with colleges should be planning now for the possible advent of new...more

Repairing The Parent Child Relationship When College Is An Issue

In New Jersey, a parent has an obligation to contribute to his or her child’s college education. There are a number of factors that a Court typically considers when determining the amount of the contribution. The primary...more

Obama takes action to increase assistance to student borrowers

President Obama issued a Presidential Memorandum last Monday directing the Secretary of Education to issue regulations that allow additional students to take advantage of a program to cap their student loan payments at 10...more

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