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Administrative Agency Education Constitutional Law

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

U.S. Department of Education Office of Civil Rights’ jurisdiction in Title IX cases

The Issue - The Office of Civil Rights’ (OCR) jurisdiction is broad. If an institution receives federal funds, to include student financial aid and grants, it is subject to Title IX and OCR’s authority. The most public, and...more

Lawsuit Claiming Gender Bias in Title IX Investigation Allowed to Go Forward

• A federal court in Ohio has held that published writings of a university Title IX administrator provide sufficient evidence of bias to permit a civil suit by a penalized student to go forward. • Denial of equitable...more

Are State-Owned Patents Immune From IPRs Under The Eleventh Amendment?

by Foley & Lardner LLP on

In separate non-precedential decisions issued by three different panels, the PTAB has permitted state university patent owners to invoke the Eleventh Amendment in Inter Partes Review proceedings. Each panel found that IPR...more

Eleventh Amendment Revisited – Board Again Finds Sovereign Immunity Applies to PTAB

by Jones Day on

Less than four months after its decision in Covidien LP v. University of Florida Research Foundation Incorporated, finding that Eleventh Amendment sovereign immunity applies to PTAB proceedings, the Board has again dismissed...more

Ericsson Tests Scope of the PTAB’s Sovereign Immunity Holding

by Knobbe Martens on

On January 25, 2017, a panel of the Patent Trial and Appeal Board (PTAB) held that “Eleventh Amendment Immunity bars the institution of an inter partes review against an unconsenting state that has not waived sovereign...more

State Universities Rejoice: PTAB Recognizes Sovereign Immunity Defense

by Pepper Hamilton LLP on

In Covidien LP v. University of Florida Research Foundation Inc., the Patent Trial and Appeal Board (the “Board”) upheld a defense of sovereign immunity asserted by the University of Florida Research Foundation (the...more

Sovereign Immunity of State Universities: Can It Shield Them from AIA Patent Challenges?

by Foley & Lardner LLP on

In what appears to be a case of first impression, the PTAB is poised to rule on the question of whether state sovereign immunity prevents an IPR challenge from being maintained against a University of Florida (“UF”) patent...more

NLRB issues two key decisions affecting higher ed

by Thompson Coburn LLP on

On August 23, the National Labor Relations Board issued several decisions affecting unionization rights at private universities. In the first of these, Columbia University, the Board held that graduate and undergraduate...more

Back to School: NLRB Takes Aim at Colleges and Universities

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The National Labor Relations Board issued three important decisions this week that will significantly impact private colleges and universities....more

NYSED Releases Memo on Selection and Appointment of Impartial Hearing Officers

by Hodgson Russ LLP on

The New York State Education Department (NYSED) released a filed advisory memo on the selection and appointment of impartial hearing officers to conduct a special education due process hearing....more

OSEP Urges LEAs to Respect Parents’ Choice of Dispute Resolution Process

by Shipman & Goodwin LLP on

On April 15, 2015, the Office for Special Education Programs (OSEP) within the U.S. Department of Education issued a Dear Colleague Letter regarding the interaction between the due process hearing system and the state...more

See You In Court - April 2015

by Shipman & Goodwin LLP on

The almost-interminable winter was finally over, and Peter Principal saw a significant uptick in the number of suspensions for offenses ranging from horseplay to assault. To make things worse, many of the students had their...more

SEE YOU IN COURT! - March 2015 CABE Journal

by Shipman & Goodwin LLP on

The Residents Against New Taxes (RANT) launched a new high tech online campaign this year to recruit new members in Nutmeg. RANT members attend every meeting of the Nutmeg Board of Education, and in large numbers they sign...more

Higher Education Alert: NLRB Announces Two New Standards Favorable to Faculty Unions

by Proskauer Rose LLP on

In Pacific Lutheran University, 361 NLRB No. 157, a case that had been watched closely by the higher education community, the National Labor Relations Board issued a 3-2 decision the week before Christmas announcing new...more

When A Judge Declares A Statute Unconstitutional, What’s An Agency To Do?

by Allen Matkins on

In the recent California gubernatorial debate, Governor Jerry Brown defended his decision to appeal Judge Rolf M. True’s ruling in Vergara v. California, Cal. Super. Ct. Case No. BC484642 (June 10, 2014). The case has...more

Supreme Court Upholds Town’s Practice of Opening Board Meetings with Prayer

by Franczek Radelet P.C. on

Last month, the U.S. Supreme Court ruled that a New York town’s practice of opening town board meetings with prayer did not violate the First Amendment. The decision provides guidance to school boards and other public bodies...more

Court Upholds School District’s Transfer Of Money From Working Cash Fund

by Franczek Radelet P.C. on

The Illinois Appellate Court recently upheld a lower court’s decision to strike down challenges to a school district’s use of its working cash fund. This case builds upon a recent amendment to the Working Cash Fund Article of...more

Disciplining Student Speech As A Threat After Newtown – The Right Choice?

by Franczek Radelet P.C. on

The media coverage of the Sandy Hook school shooting is tapering down, but the lessons for school administrators in its wake are just beginning. One such lesson comes after a California school suspended a high school senior...more

Public Entity Deletes Comments From Facebook Page: The Right Choice?

by Franczek Radelet P.C. on

A recent Illinois Attorney General opinion addressed an interesting question: Can a public entity delete comments by community members from its Facebook page? Although the public entity at issue was a municipality, the...more

Wheaton College v. Sebelius and Belmont Abbey College v. Sebelius

Brief Of Amici Curiae Center For Constitutional Jurisprudence, American Civil Rights Union, And CATO Institute In Support Of...

by Cato Institute on

In January, when the Department of Health and Human Services announced that qualifying health insurance plans under Obamacare would have to cover contraceptives and "morning after" pills, many religious institutions — most...more

District Court Rules District Must Fund Student’s Stay-Put Placement through Appeal to Circuit Court, Though District’s IEP...

by Franczek Radelet P.C. on

When a dispute arises between parents and a district concerning the special education identification, evaluation, placement, or free appropriate public education (FAPE) of a student, the IDEA provides that the student will...more

Pridgen v. University of Calgary, 2012 ABCA 139

by Field Law on

Two students found guilty of non-academic misconduct by university on account of Facebook postings derogatory towards instructor. On judicial review, university decision quashed by Alberta Court of Queen's Bench under...more

Minnesota Supreme Court Upholds University’s Right to Discipline Student Over Cadaver-Related Facebook Posts

by Franczek Radelet P.C. on

In the continuing saga involving the intersection of social media, university policy, and student speech rights, a public university’s right to discipline students for social media activity has been further defined and...more

School District’s Internet Filtering Software Violated First Amendment

by Franczek Radelet P.C. on

In a recent decision, Parents, Families and Friends of Lesbians and Gays, Inc. v. Camdenton School District, a federal district court in the Western District of Missouri held that a school district violated the First...more

Day of Silence FAQs

by Franczek Radelet P.C. on

The Day of Silence, a national, youth-run effort to protest harassment and bullying of lesbian, gay, bisexual, and transgendered (LGBT) students, will be observed on April 20 this year. Students participate by remaining...more

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