For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court...more
9/3/2024
/ Administrative Procedure Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Chevron Deference ,
Chevron v NRDC ,
Consumer Financial Protection Bureau (CFPB) ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Department of Transportation (DOT) ,
Environmental Protection Agency (EPA) ,
Federal Trade Commission (FTC) ,
FERC ,
Food and Drug Administration (FDA) ,
Government Agencies ,
HUD ,
IRS ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
NTSB ,
OCC ,
Popular ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Stare Decisis ,
Statute of Limitations ,
Statutory Interpretation ,
U.S. Treasury
Holland & Knight previously explained how a Kansas federal district court's unique injunction against the U.S. Department of Education's (Department) enforcement of the 2024 Title IX regulations impacted schools nationwide....more
A federal district court in Kansas enjoined the U.S. Department of Education's (Department) enforcement of the 2024 Title IX regulations in a unique manner that impacts educational institutions nationwide. The decision...more
7/19/2024
/ Department of Labor (DOL) ,
Educational Institutions ,
Enforcement ,
Gender Identity ,
Pending Litigation ,
Preliminary Injunctions ,
Public Schools ,
Sexual Harassment ,
State Attorneys General ,
Title IX ,
Transgender
The U.S. Department of Education (ED) finalized new regulations last year that will take effect on July 1, 2024, directly impacting mergers and acquisitions involving higher education institutions. Specifically, the...more
6/11/2024
/ Acquisitions ,
Colleges ,
Compliance ,
Controlling Person ,
Department of Education ,
Educational Institutions ,
Financial Responsibility Standards ,
Mergers ,
New Regulations ,
Personal Liability ,
Title IV ,
Universities
The U.S. Department of Education (Department) released an important update and reminder regarding new Financial Value Transparency (FVT) and Gainful Employment (GE) regulations that take effect on July 1, 2024. The...more
4/9/2024
/ Colleges ,
Compliance ,
Dear Colleague Letter ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Effective Date ,
Financial Aid ,
Gainful Employment ,
New Guidance ,
New Regulations ,
Reporting Requirements ,
Title IV ,
Transparency ,
Universities
Four years after the start of the COVID-19 pandemic, tuition refund class actions against universities have not slowed down. This Holland & Knight alert considers two recent court cases that will impact litigation strategy...more
3/27/2024
/ Appeals ,
Class Action ,
Colleges ,
Coronavirus/COVID-19 ,
Litigation Strategies ,
Marketing ,
Refunds ,
Remote Learning ,
Students ,
Summary Judgment ,
Tuition ,
Universities
Following the Oct. 7, 2023, Hamas terror attacks against Israeli civilians and subsequent Israel response in Gaza, demonstrations took place on college campuses and elsewhere across the United States. While some of these...more
1/3/2024
/ Code of Conduct ,
Colleges ,
Congressional Committees ,
Congressional Investigations & Hearings ,
Congressional Oversight ,
Diversity and Inclusion Standards (D&I) ,
Endowment Funds ,
Free Speech ,
Israel/Palestine ,
Military Conflict ,
Political Speech ,
Protests ,
Resignation ,
Tax Exempt Entities ,
Terrorist Acts ,
Universities
The U.S. Department of Education (Department) issued final rules on Oct. 24, 2023, imposing new conditions that higher education institutions must satisfy to participate in federal student aid programs under Title IV of the...more
The U.S. Department of Education (Department) has identified college closures and institutional financial instability as creating significant costs for students and taxpayers. From 2013 to 2022, the Department sought more...more
The Biden-Harris Administration on Oct. 24, 2023, issued final rules detailing important obligations for higher education institutions that receive federal funding. (Codified at 34 C.F.R. § 668 et seq.) The final regulations...more
11/8/2023
/ Biden Administration ,
Colleges ,
Compliance ,
Compliance Dates ,
Department of Education ,
Financial Aid ,
Higher Education Act ,
New Regulations ,
Required Communications ,
Title IV ,
Transparency ,
Universities
The U.S. Department of Education (Department) issued new Gainful Employment (GE) regulations in September 2023 for the first time since 2014. These program-specific regulations impose important compliance obligations on...more
10/18/2023
/ Annual Reports ,
Code of Federal Regulations (CFR) ,
Colleges ,
Compliance ,
Department of Education ,
Financial Aid ,
For Profit Education ,
Gainful Employment ,
New Rules ,
Nonprofits ,
Reporting Requirements ,
Student Loans ,
Universities
As it promised in June, the Biden Administration published much-anticipated federal guidance on higher education admissions on Aug. 14, 2023. The U.S. Department of Education's Office for Civil Rights (ED) and U.S. Department...more
8/24/2023
/ Affirmative Action ,
Biden Administration ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Dear Colleague Letter ,
Department of Education ,
Diversity ,
Educational Institutions ,
New Guidance ,
Students for Fair Admissions v Harvard College ,
Universities
Massachusetts colleges and universities received some good news recently as Gov. Maura Healey signed a bill that limits their liability for certain tuition and fee refund claims arising from the COVID-19 pandemic....more
8/17/2023
/ Breach of Contract ,
Civil Liability ,
Class Action ,
Colleges ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Fees ,
New Legislation ,
Refunds ,
School Closures ,
Tuition ,
Universities
In a historic ruling on June 29, 2023, the U.S. Supreme Court held that the race-conscious admissions policies of Harvard College and the University of North Carolina at Chapel Hill (UNC) are unconstitutional. A copy of the...more
6/30/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Universities
The U.S. Department of Education's Office for Civil Rights (OCR) published on April 6, 2023, a Notice of Proposed Rulemaking (NPRM) about sex-related criteria used to limit or deny a student's ability to participate in...more
4/24/2023
/ Biden Administration ,
College Athletes ,
Colleges ,
Department of Education ,
Educational Institutions ,
Gender Discrimination ,
Gender Identity ,
Multi-Factor Test ,
NCAA ,
NPRM ,
OCR ,
Public Schools ,
Sports ,
Student Athletes ,
Students ,
Title IX ,
Transgender ,
Universities
In one of the few cases to apply the student suicide prevention duty first recognized by the Massachusetts Supreme Judicial Court in Nguyen v. MIT, 479 Mass. 436 (2018), a state trial court recently found that Harvard...more
To increase enrollments and lower operating costs, many colleges and universities oftentimes partner with outside companies to provide portions of their academic programs online or on-campus. Serious legal risks may arise...more
6/29/2022
/ Colleges ,
Compliance ,
Dear Colleague Letter ,
Department of Education ,
Enforcement Priorities ,
Higher Education Act ,
New Guidance ,
Risk Mitigation ,
Third-Party Service Provider ,
Title IV ,
Universities
Signed into law back in January 2021, the state's landmark Campus Sexual Violence Act (Act) took effect Aug. 1, 2021, and new regulations from the Massachusetts Department of Higher Education (DHE) will take effect Aug. 13....more
8/12/2021
/ Clery Act ,
Colleges ,
Educational Institutions ,
Governor Baker ,
Memorandum of Understanding ,
New Legislation ,
Reporting Requirements ,
Sexual Assault ,
Sexual Violence Policies ,
Students ,
Title IX ,
Training Requirements ,
Universities
Massachusetts Gov. Charlie Baker signed on Jan. 12, 2021, landmark legislation addressing sexual violence on college and university campuses. The new law is the state's version of Title IX, the federal law prohibiting sex...more
1/18/2021
/ Clery Act ,
Colleges ,
Educational Institutions ,
Gender-Based Violence ,
Governor Baker ,
New Legislation ,
Preemption ,
Sexual Assault ,
Sexual Violence Policies ,
Title IX ,
Universities
Institutions of higher education (IHEs) that received emergency relief funds from the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) must report certain designated information to the U.S. Secretary of...more
5/12/2020
/ CARES Act ,
Colleges ,
Coronavirus/COVID-19 ,
Department of Education ,
Educational Institutions ,
Federal Grants ,
Financial Stimulus ,
New Guidance ,
Reporting Requirements ,
Students ,
Universities
Massachusetts begins financial screening of independent institutions of higher education (IHEs) this month. The state legislature enacted the first-of-its-kind legislation in late 2019. The Board of Higher Education (BHE)...more
The fluid and fast-changing impact of the new coronavirus (COVID-19) has left institutions of higher education (IHEs) scrambling to address unexpected legal issues. This guidance addresses some of their more frequently asked...more
3/18/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Colleges ,
Commercial Contracts ,
Contract Terms ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Educational Institutions ,
Emergency Management Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Housing Act (FHA) ,
Family and Medical Leave Act (FMLA) ,
FERPA ,
Force Majeure Clause ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
OSHA ,
PHI ,
Public Accommodation ,
Public Health ,
Quarantine ,
Reporting Requirements ,
Risk Management ,
School Closures ,
Student Privacy ,
Universities ,
Vendors ,
Workers' Compensation Claim
In the latest attempt to address the financial challenges facing higher education, the Massachusetts Board of Higher Education (BHE) has issued new regulations that for the first time establish a state program for annual...more
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
11/6/2019
/ Accreditation ,
Arbitration ,
Borrower Defense Rule ,
Class Action Arbitration Waivers ,
Colleges ,
Department of Education ,
Federal Student Loans ,
Financial Responsibility Standards ,
Misrepresentation ,
New Regulations ,
Rulemaking Process ,
Student Loans ,
Students ,
Universities
• Recently released guidance from the U.S. Department of Education's Office of Federal Student Aid (FSA) confirms that both private and public institutions of higher education must report litigation, settlements and other...more