News & Analysis as of

U.S. Department of Education Issues New Guidance on Incentive Compensation Regulations

On Friday, November 27, 2015, the U.S. Department of Education (the “Department”) will publish guidance in the Federal Register regarding its October 29, 2010 changes to the incentive compensation regulations at 34 C.F.R. §...more

7th Circuit: Consumers are Not Injured by the Undisclosed Sale of Personally-Identifiable Information

On November 18, 2015, the U.S. Court of Appeals for the 7th Circuit held that consumers who authorized defendants to share their personally-identifiable information (PII) with third parties were not injured when defendants...more

OSEP Issues Guidance Requiring IEPs to Be Aligned With Grade-Level Content Standards

Ever since New York State adopted the common core standards, there has been questions about how these standards would apply to students with disabilities. The response to these questions has been fairly consistent—disabled...more

Privacy Tip #8 – How teachers can assist students to be safe online

It is scary to read the headlines that kids become victims of crimes, some of them horrific, because of online activity. Kids are naive and susceptible to online predators. Parents must be vigilant in educating their children...more

Security of Tenure for Students in Scotland?! Have Your Say…But Time is Short!

The Private Housing (Tenancies) (Scotland) Bill was introduced in the Scottish Parliament on 7 October 2015. The Bill introduces a new tenancy (called the "private residential tenancy") for all future private sector tenancy...more

New Department of Homeland Security Regulation Aims to Preserve and Enhance STEM OPT Program for Nonimmigrant Students and U.S....

On October 19, 2015, the U.S. Department of Homeland Security (DHS) published a notice of proposed rulemaking in the Federal Register regarding optional practical training (OPT) extensions for F-1 students with U.S. degrees...more

Africa Update - October 2015 #4

Leading the News - Tanzania: On October 25th, voters in Tanzania went to the polls to vote for a candidate to replace outgoing President Jakaya Kikwete, who was unable to run for a third term under the country’s...more

Hypnotic Suggestion: North Port High School and the Complicity of Indifference

Concluding what must be one of the oddest public school disputes in recent memory, the Sarasota County Board of Education in Florida has agreed to resolve a lawsuit brought by three sets of parents, each of whom claimed that...more

Graduate Students or Employees? NLRB to Weigh In (Again)

Last week the National Labor Relations Board decided to reconsider whether graduate teaching assistants at private universities should be treated as employees under the National Labor Relations Act. The case, The New School,...more

Financial Services Weekly News - October 2015 #4

Regulatory Developments - SEC to Vote on Final Title III Crowdfunding Rules Oct. 30: The SEC has announced that it will vote on whether to adopt rules and forms related to the offer and sale of securities through...more

Contingency Planning for the Upcoming H-1B Season

The H-1B non-immigrant visa allows foreign workers in certain occupations to legally live and work in the United States for a U.S. employer. In recent years, a growing number of foreign workers have applied for H-1B visas,...more

Alert: Pending Rulemaking Likely to Expand Borrower Defenses Against Repaying Federal Direct Loans

The US Department of Education (ED) is preparing for a new rulemaking that is intended to clarify—and very likely expand—the ability of student borrowers to be relieved of the obligation to repay their Federal Direct Loans....more

Court of Appeals Rules that Kansas University Cannot Expel Accused Student for Off-Campus Sexual Misconduct

To what extent can an institution discipline a student for off-campus behavior directed at another student vis-à-vis the Internet? This issue was addressed in a recent case involving the University of Kansas (the...more

Tagging Trouble: Forays into the Regulation of Biometric Data

We leave breadcrumbs of biometric information scattered around our daily lives, which may be collected and used by private entities, often without our knowledge or consent. The sound of your voice when you call your bank’s...more

Africa Update - October 2015 #3

On October 17th, members of the United Nations (U.N.) Security Council urged all Libyan parties to endorse and sign the recently finalized political agreement for the creation of a Government of National Accord. The Security...more

Board Members’ Homework Assignment: Making Sure Your District’s Website Is Legally Compliant

With the start of a new school year, students are not the only ones who have homework. To the contrary, school board members and their respective districts’ central office administrators have their own assignment -- ensuring...more

Department of Homeland Security Regulation Benefitting STEM Employers Thrown into Question

A federal district judge recently issued a 37-page decision vacating a 2008 Department of Homeland Security (DHS) regulation that has helped thousands of U.S. companies hire and retain foreign students holding U.S. degrees in...more

Making Bad Choices: Title IX, Title VII and Ludlow V. Northwestern University

A prior post considered the case of Ha v. Northwestern University, in which the plaintiff claimed that Northwestern had violated Title IX by insufficiently disciplining one of its professors, Peter Ludlow, despite concluding...more

Massachusetts Legislature Takes Action on Opioid Crisis

Amid a recent surge in opioid-related deaths in Massachusetts, with over 1,200 accidental deadly overdoses last year, the Senate passed legislation on Thursday, October 1, that is designed to fight the epidemic on various...more

Questions Remain About Social Media Privacy Rights During Workplace Investigations

Employees’ social media activities often play a key role in workplace investigations. For example, an employee may complain that a coworker sent a harassing Facebook message or posted something offensive on Twitter...more

When Is A School District “Deliberately Indifferent” To Student Discrimination Claims?

When a student alleges discrimination within the school environment, the school district may be held liable if it was “deliberately indifferent” to the discrimination. Three recent cases involving allegations of sexual...more

Employers Must Withhold FICA Taxes for Students who Change Status to H-1B Starting October 1

As students and scholars’ status change from F-1, J-1 or other FICA exempt statuses to H-1B starting October 1, these employees will become subject to FICA taxes upon the effective date of their H-1B status....more

Illinois Appellate Court Decisions Addresses Important Student Discipline and Employment Issues for Public Schools

Earlier this month, the Illinois Appellate Court (First District) issued an opinion addressing a number of important student discipline and executive employment issues. Because the Appellate Court agreed with the trial court...more

NLRB Ruling on Northwestern Football Players Highlights Need for Congressional Action on College Sports

In August, the National Labor Relations Board (NLRB or "the Board") unanimously ruled that it lacked jurisdiction to decide whether college football players at Northwestern University are "employees" under the National Labor...more

CAS Legal Mailbag Question of the Week - 09/18/15

As an avid fan of “The Dr. Oz Show,” I have been disappointed by his equivocal statements about vaccination. My first duty as a school principal is to keep students safe at my school, and complying with the immunization law...more

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