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CAS Legal Mailbag Question of the Week – September, 2017 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I was surprised to receive a letter the other day addressed to me as school principal with the Connecticut Department of Corrections as the return address. I opened the letter and read that it was from...more

And who is going to pay for it? The State’s new draft guidelines for educating expelled students

In 2016, Connecticut’s General Assembly passed Public Act 16-147: AN ACT CONCERNING THE RECOMMENDATIONS OF THE JUVENILE JUSTICE POLICY AND OVERSIGHT COMMITTEE. This Act made several changes to school discipline laws which...more

Lawsuit Claiming Gender Bias in Title IX Investigation Allowed to Go Forward

• A federal court in Ohio has held that published writings of a university Title IX administrator provide sufficient evidence of bias to permit a civil suit by a penalized student to go forward. • Denial of equitable...more

State of Connecticut Provides Guidance on Changes to Education Records of Transgender Students

The Connecticut State Department of Education (DOE) recently published guidance on implementing civil rights protections for transgender students. The guidance, in part, provides information on issues related to requests that...more

DACA: Next steps for institutions of higher education

by Thompson Coburn LLP on

In 2012, then-President Obama established with the Department of Homeland Security (“DHS”) the Deferred Action for Childhood Arrivals (“DACA”) Program. The DACA Program is an exercise of prosecutorial discretion by the...more

You Should Know - September 2017

Road Safety Tips for Teen Drivers Heading Back to School - Labor Day weekend is over and summer is in the rearview mirror. New backpacks are crammed full of the tools of learning: laptops, books, pens, pencils, notebooks...more

Student-Employee Unions: Should Universities Expect a Double U-Turn?

by Fisher Phillips on

Until recently, the National Labor Relations Board (NLRB) long held that private university student-employees were not considered “employees” under the National Labor Relations Act (NLRA) because the relationship with their...more

U.S. Department of Education Signals It Will Revise Title IX Guidance

by Holland & Knight LLP on

• Secretary of Education Betsy DeVos has advised that the U.S. Department of Education intends to revise its guidance on the application of Title IX to reports of sexual misconduct on college and university campuses. • DeVos...more

7th Circuit Says Beauty School Student Not An Employee

On August 14, in Hollins v. Regency Corp., the Seventh Circuit Court of Appeals affirmed a decision from the U.S. District Court for the Northern District of Illinois that a cosmetology student who worked at her beauty...more

Education Department to Replace Guidance on Title IX Sexual Misconduct Complaints

by McGuireWoods LLP on

In yet another reversal of civil rights policy established under the Obama administration, on Sept. 7, 2017, Secretary of Education Betsy DeVos announced her plan to review and replace the Department of Education’s 2011 “Dear...more

The Department of Education Seeks Public Input for New Title IX Policy

• The Department of Education (DOE) plans to gather public input—including input from educational institutions—on new Title IX policy, rejecting the prior administration’s issuance of policy by letter. • The DOE has not,...more

CAS Legal Mailbag Question of the Week - September, 2017

by Shipman & Goodwin LLP on

Dear Legal Mailbag: Does HIPAA permit a physician or covered entity to release physical exam results to the school nurse, without prior authorization, for the purposes of permitting a student to participate in school...more

New Light on Legal Fees in Stay-Put Battle

by Barley Snyder on

Parents of students attending a private school as a pendent placement during “stay- put” have been entitled to receive tuition reimbursement through the end of the appeals process. Now, according to the Third Circuit Court...more

Blog: California BPPE Announces Changes to the Student Tuition Recovery Fund

by Cooley LLP on

The California Bureau for Private Postsecondary Education recently published amended regulations governing the Student Tuition Recovery Fund effective as of August 10, 2017. The changes will impact institutions approved to...more

DACA Program to Be Phased Out

Today, the Trump Administration announced rescission of the Obama Administration’s 2012 Executive Order which created the Deferred Action for Childhood Arrivals (DACA) program. As of March 5, 2018, DACA will fully end with...more

Breaking: Attorney General Rescinds DACA – Hundreds of Thousands of Individuals, Schools, Colleges, and Employers Uncertain What...

As expected, the Department of Justice just announced that the 2012 Deferred Action for Childhood Arrivals—known as DACA—has been rescinded. Attorney General Jeff Sessions delivered the news in a morning press conference at...more

Campus Companions: How To Handle Requests For Service And Assistance Animals

by Fisher Phillips on

School officials often receive requests from students with disabilities to bring “service animals” and “assistance animals” on campus as an accommodation. Under the Americans with Disabilities Act (ADA), Section 504 of the...more

New Tax Credit for Student Loan Debt - Time Sensitive!

by Pessin Katz Law, P.A. on

Are you a Maryland resident? Do you have student loan debt? Well, good news – you may be eligible for a new tax credit on your 2017 tax return!...more

Transgender Rights – Where Does Pennsylvania Fit In?

by Fisher Phillips on

With the recent buzz about President Donald Trump’s removal of federal protections for transgender students that were implemented under the Obama Administration, the states and school systems have been left to determine if...more

Risk Associated with Failure of Programs to Gain Timely Accreditation

by Steptoe & Johnson PLLC on

In an effort to add new programs to meet the needs and interests of students and faculty, many colleges and universities will admit students to programs that are still in the process of seeking the necessary accreditation....more

"Your "Baby" is Heading to College - Any Estate Planning Documents Needed?"

by Farrell Fritz, P.C. on

While we may know better, an 18 year old college student is generally considered an adult under New York law. Your rights as a parent to make decisions for your child change suddenly when he/she turns age 18. You no longer...more

Jury Hits Independent School With $41.75 Million in Damages for Failing to Warn Students About Risk of Tick-Borne Illnesses Before...

?The Connecticut Supreme Court recently determined as a matter of law that independent schools have a duty of care to warn students against the risks of insect-borne illnesses when organizing study abroad trips. Failure to...more

Doggone: False Statements and Free Speech in Clemmons v. Guilford Technical Community College

Sometimes, the motivation for chronicling a court decision is not because it is particularly groundbreaking; rather, it can simply be a confluence of peculiar facts and a reiteration of relevant legal principles. That is...more

Back to School: Preparing for Campus Unrest

In the wake of the deadly Charlottesville protests, institutions of higher education are under heightened pressure to prepare their campuses for disruption and unrest. Many colleges and universities have open campuses, enjoy...more

Blog: Department of Education Extends Deadline for Gainful Employment Earnings Appeals

by Cooley LLP on

The Department of Education issued a notice on August 18 that extends the deadline for all institutions to file alternate earnings appeals that challenge the debt-to-earnings rates issued for their GE programs in January...more

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