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News & Analysis as of

Immigration Corner: H-1B CAP Reached!

The H-1B CAP season has come to a close and both employers and employees now anxiously await confirmation that their filings have been accepted for processing. The statutory cap of 65,000, as well as the 20,000 cap under the...more

Latest Developments From The Connecticut General Assembly: The Education Committee Speaks

Before the deadline for committee action, the General Assembly’s Education Committee voted favorably on and advanced out of committee a plethora of bills. Among the most noteworthy were: 1) a bill that would delay the...more

Kentucky Enacts Data Breach Notification Statute

On April 10, 2014, Kentucky Governor Steve Beshear signed H.B. 232 into law, making Kentucky the 47th state to enact data breach notification legislation. Prior to H.B. 232, Kentucky was one of only four states—including...more

Ill Conceived California Privacy Bill Threatens Viability Of Commercial Educational Online Services

SB 1177, the Student Online Privacy Protection Act was recently introduced in the California legislature. This is a bad bill for the private educational industry, and ultimately for parents and students. It would drastically...more

Athletics For Disabled Students

In what seems a surprising move to many, particularly for the Obama Administration, the Department of Education Office of Civil Rights (“OCR”) has backed away from last year’s strong policy statement on access to...more

Transgender Issues Highlight Tensions Between Students' Rights To Liberty And Privacy

In the wake of controversy over school vouchers, fights over appropriate curriculum, and the endless battles to decide whether school funding is adequate, the nation’s public and private schools certainly have their share of...more

ADA Applies to Students with Food Allergies on University Campuses

In 2013, the Department of Justice announced a landmark settlement with Lesley University (“Lesley” or the “University”) in Cambridge, MA. Stemming from complaints about the University’s treatment of students with food...more

NLRB Holds College Football Players Are Employees, Can Unionize

The Regional Director for Region 13 of the National Labor Relations Board (NLRB) held today that all grant-in-aid scholarship players for Northwestern University's football team are "employees" under the National Labor...more

NLRB Regional Director Finds College Football Players Qualify as Employees and Can Unionize

In a stunning and potential landmark decision, a Regional Director of the National Labor Relations Board has found that football players receiving grant-in-aid scholarships from Northwestern University (the University) are...more

Labor Board Says College Athletes Are "Employees" Who Can Unionize

Sometimes, the wrongheadedness of the National Labor Relations Board is just astounding. Today, a regional director of that agency ruled that Northwestern University athletes are actually employees of the school and should...more

Game Changer: NLRB Rules College Football Players Can Unionize

Director of the Chicago Region of the National Labor Relations Board (NLRB), Peter Sung Ohr, ruled that Northwestern University scholarship football players are entitled to have a union election because they are “employees”...more

NLRB Judge Finds That College Football Players Are Employees Of Their University

Yesterday, an administrative judge at the National Labor Relations Board (NLRB) found that student athletes on Northwestern University’s football team who receive a scholarship are employees of the university and therefore...more

U.S. Department Of Education Releases Guidance On Protecting Student Information While Using Online Educational Services

Last month, the U.S. Department of Education released guidance on the proper use, storage and security of student data being generated by new online educational resources. Published by the Department’s new Privacy Technical...more

NCAA Compensation Cartel Allegations Take Center Court

On March 17, 2014, a class action lawsuit was filed against the National Collegiate Athletics Association (NCAA), alleging that capping compensation to college athletes violates Sherman Act Section 1....more

College Debit Cards

PLA today posts the GAO’s report, issued last month, analyzing the market for college debit cards and expressing concern about “students’ access to no-fee ATMs, schools’ influence over students’ banking and payment choices,...more

Connecticut State Department of Education Due Process Hearing Decisions for the 2013 Calendar Year: A Summary

During 2013, the State Department of Education handled approximately 239 requests for due process hearings to resolve issues with student special education programs. Of those requests, only a small minority were resolved by a...more

The Constitutional Rights of Students Wearing American Flag Shirts on Cinco de Mayo Were Not Violated When They Were Required to...

On Cinco de Mayo 2010, when school officials at a California high school became aware of a potential altercation between two groups of students, they asked the students wearing shirts bearing images of the American flag to...more

Sixth Quarterly Report Of The Independent Athletics Integrity Monitor Pursuant To The Athletics Integrity Agreement Among The...

I. INTRODUCTION AND SUMMARY - This is the sixth quarterly report of the independent athletics integrity monitor (“Monitor”) pursuant to section III of the Consent Decree between the National Collegiate Athletic...more

Students and Electronic Cigarettes: Implications of Governor Malloy’s Proposed Legislation

Recently, there has been a lot of debate in the media about electronic cigarettes or “e-cigarettes.” E-cigarettes are battery operated devices that are used to ingest nicotine by inhaling a vapor. (For more detail, the...more

Streamlining Your Student Bullying, Intimidation, Harassment, And Violence Reporting And Investigation Policies

As we notified you earlier this school year in a FR Alert, the recently enacted Erin’s Law requires all school districts in Illinois enrolling students in grades seven through twelve to have a policy on teen dating violence....more

Now Is The Time To Initiate H-1B Cap Petitions For Foreign Students or Foreign National Candidates Currently Abroad

The U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions for Fiscal Year 2015 starting April 1, 2014. The allotted number of H-1B petitions that the USCIS will accept, known as the “H-1B...more

CFPB Student Loan Ombudsman Questions Marketing Of Student Financial Products; GAO Recommends More Transparency

On February 13, CFPB Student Loan Ombudsman Rohit Chopra published on the CFPB’s blog an update on the CFPB’s review of student financial products and raised concerns about certain marketing arrangements between financial...more

Dear Colleague Letter Urges Districts to Abandon “Zero Tolerance” in Student Discipline Policies

The Office for Civil Rights of the U.S. Department of Education (OCR) and the Civil Rights Division of the Department of Justice recently released a joint “Dear Colleague Letter” (DCL) providing guidance on administering...more

Dear Colleague Letter Firmly Urges Districts to Abandon “Zero Tolerance” in Student Discipline Policies

The Office for Civil Rights of the U.S. Department of Education (OCR) and the Civil Rights Division of the Department of Justice recently released a joint “Dear Colleague Letter” (DCL) providing guidance on administering...more

OCR Clarifies Dear Colleague Letter On Students With Disabilities In Extracurricular Athletics

The U.S. Department of Education Office of Civil Rights (OCR) recently replied to a letter from the National School Boards Association (NSBA) seeking clarification on OCR’s January 25, 2013 Dear Colleague Letter on students...more

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