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News & Analysis as of

Title IX Update: January 2017 - Recent Title IX Developments

Nexsen Pruet’s Title IX team assists educational institutions in Title IX compliance. The team’s primary focus includes assisting with Title IX complaint investigations and serving as adjudicators. The team also provides...more

New Guidance Issued by the Department of Education on the Rights of Students with Disabilities

At the end of last month, the Department of Education released three new sets of guidance on the federal civil rights laws that govern students with disabilities. All three offer valuable information about current and...more

They’re Back! What Can Schools Expect from the 2017 General Assembly Session?

On January 4, the 2017 session of the Connecticut General Assembly began. The session is scheduled to adjourn on June 7, 2017. One can assume that a plethora of proposed bills affecting Connecticut school districts will be...more

Universities and Colleges Must be Vigilant When Certifying Student Loans

In Jackson v. Univ. of N. Texas, et. al., the University of North Texas (“UNT”) and various student loan companies faced allegations of improper oversight of student loan certifications and claims submissions in violation of...more

The United States Sixth Circuit Court of Appeals Supports a Female Transgender Student's Right to Use the Girl's School Restroom

The majority of a three judge panel of the United States Sixth Circuit Court of Appeals upheld a preliminary injunction that ordered Highland Local School District (Highland) to allow an 11 year old transgender student, who...more

Impact on Transgender Students as the Meaning of “Sex” Discrimination Under Title IX Evolves

The rights due to a student under Title IX continue to evolve. Title IX prohibits discrimination based on “sex,” which historically has meant that biological male and female students are required to be treated as equals....more

Successful Implementation of Restorative Justice Practices

The passage of legislation mandating consideration of Restorative Justice in schools marks a movement away from "zero tolerance" by requiring schools to consider a number of mitigating factors or alternatives before...more

University of Wisconsin Announces Data Breach of Law School Applicants

Last week, the University of Wisconsin Law School notified 1,213 applicants from 2005-2006 that their names and Social Security numbers were breached back in November. The University discovered that a hacker gained access to...more

CFPB releases report on college credit card agreements and compliance bulletin

The CFPB released its annual report on college credit card agreements (the fifth issued by the CFPB), together with a compliance bulletin regarding the obligation of colleges and universities under the CARD Act to publicly...more

How to Prepare for Your First IEP Meeting

Public schools are required to create an Individualized Education Program (IEP) for each child receiving special education services. This legally binding document outlines the educational program and special services that a...more

Supporting Undocumented Students in High School and College

In the wake of the presidential election, we have experienced a noticeable increase in the number of inquiries from both our K-12 and higher education clients concerning the unique and complex issues facing undocumented youth...more

Appellate Court Determines that Student Handbook is not a Contract

In Mulvey v. Carl Sandberg High School et al., a family sued its school district and various district officials and coaches alleging breach of contract for the District’s alleged failure to enforce the anti-bullying policies...more

Trump and Transgender Student Rights — An Early Decision For The President-Elect In Gloucester County School Board v. G.G.?

Well here we are. We will soon have a new president. As we move away from the “hows” and “whys” of the election and on to the “whats” of President-Elect Trump’s impending presidency there are a wide-number of education law...more

Alert: Presidential Transitions: A Primer on Rulemakings

A smooth transition from the outgoing to incoming administration is a hallmark of democracy and something both parties strive to achieve. Among the myriad issues that must be addressed, one of the more important ones for both...more

California AG Guidance for the Ed Tech Industry: 6 Recommendations to Protect Student Data Privacy

Developers and operators of educational technology services should take note. Just before the election, California Attorney General Kamala Harris provided a document laying out guidance for those providing education...more

Make college great again: Higher education in the Trump era

Much has already been written about President-elect Donald Trump’s unanticipated victory and the GOP retention of Congress last week. But what should the nation’s institutions of higher education — and the students they serve...more

United States Supreme Court to Review Student Transgender Bathroom Access Case

On October 28, 2016, the Justices of the United States Supreme Court announced that they would hear the appeal of the Gloucester County School Board's appeal from the United States Court of Appeals for the Fourth Circuit in...more

Understanding the New Truancy Regulations

A new piece of state legislation significantly changes the law addressing truancy for students in Pennsylvania. Gov. Wolf signed House Bill 1907 into law Nov. 3, changing the provisions of Article XIII of the Public...more

School’s in Session for the Ed Tech Industry: California AG Gives Lessons on Student Data Safeguards

On Wednesday, California’s Attorney General released a report with recommendations for the education technology (“Ed Tech”) industry, a multi-billion dollar industry that is transforming learning as we know it. The Ed Tech...more

U.S. Department of Education Finds Students Accused of Sexual Misconduct Had Title IX Rights Violated by Wesley College

The U.S. Department of Education recently announced that Wesley College, a private, liberal arts university in Dover, Delaware, violated Title IX of the Education Amendments of 1972 (“Title IX”) by allegedly disregarding the...more

Title IX and due process: ED tells Wesley that accused student not treated fairly

In a rare move, the Department of Education announced on October 12, 2016, its determination that Wesley College in Delaware had violated Title IX by failing to provide appropriate procedural protections to a student accused...more

Student Health Insurance Subsidies Catch Another Break

On October 21, 2016, the Departments of Labor (DOL), Health and Human Services (HHS), and the Treasury (collectively, the Departments) issued a FAQ providing indefinite relief for employers who subsidize student health...more

U.S. Supreme Court Agrees to Hear Transgender Bathroom Case

Questions regarding bathroom access for transgender individuals have been among the most prevalent in American society in the last year. We have written about this topic on several occasions recently due to activity in...more

Pending Restorative Justice Bills Will, If Enacted, Alter Suspension and Expulsion Practices

Restorative Justice programs are increasingly being seen as an alternative to "zero tolerance" school discipline processes. Restorative Justice is an approach to discipline that focuses on repairing harm through inclusive...more

Supreme Court Will Review Fourth Circuit Decision in Transgender Student’s Rights Case

On October 28, 2016 the United States Supreme Court agreed to review the Fourth Circuit’s decision in Gloucester County School Board v. G.G. This case is about whether a Virginia School Board’s policy limiting students’...more

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