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Department of Education Releases Issue Papers to Strengthen Program Integrity and Institutional Quality

On January 2, 2024, the Department of Education (DOE) released six issue papers that contain a range of proposals to ensure institutions of higher education and federal student aid programs best serve students. The issue...more

The Department of Education Releases Significant Revisions to Title IX Regulations

On April 19, 2024, the Department of Education released final Title IX regulations. The significant revisions expand the definition of sexual harassment, attempt to remove barriers to reporting sexual harassment and extend...more

Department of Education Proposes Revamping Title IX Sexual Harassment Regulations

On June 23, 2022, the 50th anniversary of the passage of Title IX, the Department of Education (DOE) released proposed major changes to the current Title IX regulations made effective in August 2020. The proposed revisions...more

OCR Provides Roadmap of Its Review of Title IX Regulations

Last month, the president signed Executive Order 14021, directing the Department of Education (DOE) to review the Trump administration’s controversial Title IX regulations and provide findings within 100 days. As we noted in...more

Smile and Say “Cheese” — When is a Photo an Educational Record under FERPA?

As the myriad of FERPA interpretation issues continues to cloud many educators’ understanding of what is permissible and not permissible under the statute, some assistance was recently provided by the U.S. Department of...more

EDUCAUSE Challenges the US DOE’s Guidance on Data Breach Reporting

On January 30, 2018, EDUCAUSE, a higher education technology association, submitted a letter to the U.S. Department of Education describing concerns that it had with the Federal Student Aid (“FSA”) ability to protect federal...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

DOE and DOJ Withdrawl of “Dear Colleague” Letter Leaves FERPA’s Guidance Unresolved

On February 22, 2017, the Department of Justice (DOJ) and Department of Education (DOE) withdrew their May 13, 2016 “Dear Colleague” letter that provided guidance on steps to protect transgender students under Title IX of the...more

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