News & Analysis as of

Students Rulemaking Process

Tucker Arensberg, P.C.

Commonwealth Court Overturns PDE Regulation Requiring FAPE Until Special Education Students Turn 22 Years Old

Tucker Arensberg, P.C. on

On May 16, 2024, the Pennsylvania Commonwealth Court overturned a Pennsylvania Department of Education (“PDE”) regulation stating special education students are entitled to a free and appropriate public education until the...more

TNG Consulting

Title IX Regs Watch: Do We All Need to Learn How to Pronounce Sine Die?

TNG Consulting on

If you’re a Latin pedant, you’ll want to use the traditional ‘see-nay de-ay,’ but the common American English pronunciation used in legislative machinations is ‘sigh-neh dye.’ Perhaps it ought to be “sign or die” to be more...more

TNG Consulting

OCR Revised the Title IX Regulations Final Rule Publication Date to March 2024… Is That Date Realistic?

TNG Consulting on

[Revised and updated from my previous blog post in August]. As you know, the Department of Education is empowered to craft regulations to fulfill Congress’ mandate for sex equity under Title IX. The Department (ED),...more

Franczek P.C.

Important Upcoming Restraint, Time Out, and Isolated Time Out Deadlines

Franczek P.C. on

As the 2022-2023 school year draws to a close, the deadline to submit Physical Restraint, Time Out and Isolated Time Out (RTO) Plans for the 2023-2024 school year, as well as progress reports for the 2022-2023 school year, is...more

Pullman & Comley - School Law

U.S. Department of Education Issues Proposed Revisions to the Title IX Regulations Regarding Sexual Harassment

On the 50th anniversary of Title IX, the U.S. Department of Education released draft revisions to Title IX’s regulations.  The draft regulations and supporting commentary are approximately 700 pages long and will take some...more

Franczek P.C.

Biden Administration Releases New Proposed Title IX Regulations

Franczek P.C. on

Yesterday, the Biden administration released its highly anticipated proposed Title IX regulations on the 50th anniversary of the passage of Title IX. The Department also released a fact sheet on the draft rule as well as the...more

Franczek P.C.

ISBE Releases New Rules and Goals & Benchmarks Regarding Use of Isolated Time Out, Time Out, and Physical Restraint

Franczek P.C. on

Over the summer, we reported on the passage of Public Act 102-0339, which aims to reduce and the use of time out, isolated time out, and physical restraint (referred to herein as “restrictive interventions”) in schools. ...more

Fisher Phillips

Title IX – Will Everything Old Be New Again?

Fisher Phillips on

[Warning: This article does not reference viruses, vaccines, or mask-wearing.] The education world is in a state of flux, legally speaking. Any day now, the U.S. Supreme Court will further opine on the extent to which the...more

Bass, Berry & Sims PLC

Students May Unionize After All: NLRB Withdraws Proposed Rule

Bass, Berry & Sims PLC on

The National Labor Relations Board (NLRB or Board) recently announced it was changing course on whether students should be considered employees and therefore can unionize. This change of course returns to previous Board...more

Franczek P.C.

Physical Restraint and Time Out Update

Franczek P.C. on

Prior to winter break, we wrote about proposed legislation that would further limit the use of physical restraint and time out in Illinois schools. While many expected the bill to pass during the lame duck session earlier...more

Franczek P.C.

Proposed State and Federal Legislation Would Further Reduce Physical Restraint and Time Out in Schools

Franczek P.C. on

Over the past year, the use of physical restraint and seclusion in schools has come under increased scrutiny. While ISBE issued emergency rules at the end of last November, followed by a series of updates and then final...more

Franczek P.C.

Isolated Time Out is Back (for now): ISBE Issues Revised Guidance and Reporting Form After Second Amendment to Emergency Rules on...

Franczek P.C. on

Last week, ISBE reversed course on isolated time out. After initially banning the practice in late November 2019, ISBE heard from many stakeholders that having a staff member in a time out room with an escalated student was...more

Franczek P.C.

The Changes Keep Coming: Second Amendment to Emergency Rules Permits Isolated Time Out

Franczek P.C. on

On February 25, 2020, ISBE posted a second amendment to its emergency rules governing physical restraint and time out. This new amendment, which is effective immediately, is the most recent development in ISBE’s attempts to...more

Franczek P.C.

Proposed Regulations Would Ease Access to Public Funds for Faith-Based Colleges

Franczek P.C. on

The White House recently announced two initiatives aimed at addressing perceived discrimination in education against students and institutions based on religion. We address the first of those initiatives, relating to prayer...more

Franczek P.C.

ISBE Approves Revised Proposed Rules on Physical Restraint and Time Out

Franczek P.C. on

On February 18, 2020, ISBE approved revised proposed rules related to the use of physical restraint and time out in schools. The revised proposed rules follow ISBE’s receipt and review of over three hundredb comments on...more

Franczek P.C.

Key Takeaways From ISBE’s Guidance and FAQ on Time Out and Physical Restraint Emergency Rules

Franczek P.C. on

After receiving and reviewing questions and concerns from stakeholders regarding the practical implications of its emergency rules on the use of time out and physical restraint, the Illinois State Board of Education (“ISBE”)...more

Franczek P.C.

What Do ISBE’s Proposed Permanent Rules on Time Out and Physical Restraint Mean for Your School?

Franczek P.C. on

Within the last few weeks, there have been significant changes to the Illinois State Board of Education (“ISBE”) rules regarding time out and physical restraint. First, ISBE issued emergency rules, then it...more

Franczek P.C.

Illinois Senate Bill 460 Suspends Implementation of Draft IEP Paperwork Requirement

Franczek P.C. on

After pushback from Illinois school districts, an amendment to the Illinois School Code’s special education provisions will alleviate some, but not all, frustrations related to a recent law that added significant procedural...more

Ballard Spahr LLP

Dept. of Ed close to releasing proposal that would facilitate income share agreement programs at selected Title IV schools

Ballard Spahr LLP on

My colleagues and I have the privilege of advising numerous clients on income share agreements (ISAs), including universities, service providers, and institutional investors. So we were excited by reports that the U.S....more

Franczek P.C.

Title IX Lessons from DOE Report Finding Clery Act Violations at UNC

Franczek P.C. on

The Title IX world is abuzz with expectation about the release of regulations from the U.S. Department of Education’s Office for Civil Rights. The general consensus is that even if the Department makes some changes based on...more

Franczek P.C.

ISBE Amends Emergency Rules on Time Out and Physical Restraint

Franczek P.C. on

In response to outcry from educators in and outside of Illinois about the legitimate need to use prone and supine restraint for certain diverse learners and the lack of notice to allow teams to identify alternative...more

Franczek P.C.

Update on ISBE’s Emergency Rules for the Use of Seclusion and Restraint

Franczek P.C. on

As we previously reported, effective immediately, school districts must comply with ISBE emergency rules for the use of seclusion and restraint....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - November 2019 #2

Fluctuating Workweek Reg Drops. On November 5, 2019, the U.S. Department of Labor’s Wage and Hour Division issued a notice of proposed rulemaking for computing overtime compensation for salaried nonexempt employees whose...more

Holland & Knight LLP

New Regulations Change the Rules for Federal Student Loans

Holland & Knight LLP on

Culminating two years of negotiated rulemaking, the U.S. Department of Education (the Department) published on Aug. 30, 2019, new "Institutional Accountability" regulations that apply to all federal student loans disbursed...more

Proskauer - Labor Relations Update

NLRB Proposes Rule to Settle Once and For All: Student Teaching and Research Assistants Are Not “Employees”

As anticipated, today the National Labor Relations Board published a Notice of Proposed Rulemaking (“NPRM”) proposing a regulation which would establish that students at private colleges and universities who perform any...more

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