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Implementation of 2024 Title IX Regulations: What You Need to Know Today

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

Injunction of 2024 Title IX Regulations Impacts Schools Nationwide

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

New U.S. Education Department Rules Will Affect University Mergers, Acquisitions

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

U.S. Department of Education Issues New Certification Procedures for Federal Financial Aid

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

Departments of Education, Justice Publish Initial Affirmative Action Decision Guidance

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

New Law Immunizes Massachusetts Colleges, Universities from Spring 2020 Tuition Refund Claims

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

U.S. Supreme Court Rules Race-Conscious College Admissions Are Unconstitutional

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

Office of Civil Rights Proposes New Rule on Transgender Student Participation in Athletics

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

Massachusetts' New Campus Sexual Violence Law Takes Effect: Are You Ready?

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

Massachusetts Enacts Landmark Campus Sexual Violence Law

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

Required Reporting for Colleges and Universities Receiving Emergency Relief Funds

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

Massachusetts Begins Financial Screening of Private Colleges and 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

Massachusetts Issues First-of-Their-Kind Regulations for Financial Screening of Private Colleges

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

Education Dept. Confirms Requirements to Report Litigation, Settlements, Specified Liabilities

• 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

Newly Proposed Title IX Regulations Promise Sweeping Changes

• The U.S. Department of Education (Department) on Nov. 16, 2018 proposed sweeping changes to the regulations implementing Title IX, the federal law prohibiting sexual harassment and sex discrimination. • The newly...more

Office for Civil Rights Issues New Instructions on Transgender Student Complaints

Changing course on complaints involving transgender students, the U.S. Department of Education's Office for Civil Rights (OCR) recently issued new field instructions to its regional staff excluding discrimination claims based...more

Office for Civil Rights Changes Complaint Investigation Policy

Reversing the practice under the Obama Administration, the U.S. Department of Education's Office for Civil Rights (OCR) has just issued new internal guidance changing how regional OCR offices will investigate discrimination...more

Federal Government Provides Schools New Guidance Regarding Transgender Students

Two divisions of the federal government have weighed in on the recent legal controversies surrounding accommodations for transgender students. The U.S. Department of Education's Office for Civil Rights (OCR) and the U.S....more

Shootings on Campus: Institutions Should Review These Security Measures Now

The disturbing increase in campus shooting tragedies demands a careful review of campus safety measures. Recent incidents in several states remind us that violence can erupt without much, if any, advance warning. Educational...more

Using Student Medical Records: Department of Education Issues New Guidance

When is it legal and proper for higher education institutions to use student medical records other than for a student's healthcare? In answering that question, institutions have to balance students' privacy interests,...more

New Campus Security Laws Take Effect This Month

A key section of the comprehensive federal legislation passed last year to prevent and address violence against women on campuses nationally takes effect this month. It is critical for educational institutions to understand...more

U.S. Department of Education Issues Guidance to Protect Student Privacy Online

Educational institutions face greater legal exposure given their increasing use of online educational services – and situations where they can both collect and disclose protected information. As a result, these institutions...more

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