News & Analysis as of

Education Health

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

Universities and Colleges Should Beware of Recent DOJ Cybersecurity Enforcement

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As the DOJ’s Civil Cyber-Fraud Initiative gains steam, civil prosecutors and whistleblowers have set their sights on universities and colleges with a close eye on cybersecurity compliance....more

Hinckley Allen

High-Profile Lawsuit Underscores Need for Well-Documented Artificial Intelligence Policies

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The Artificial Intelligence (“AI”) revolution is well underway, and recent litigation highlights the need for well-crafted and comprehensive AI policies.  In late September 2024, a family in Hingham, Massachusetts sued the...more

Poyner Spruill LLP

Judge Rules North Carolina High School Student-Athletes Can Now Profit from Their Name, Image, and Likeness

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On October 14, 2024, Wake County Superior Court Judge A. Graham Shirley II signed an order granting a preliminary injunction that allows high school student-athletes to profit from their name, image, and likeness (NIL). ...more

Fisher Phillips

Final Buzzer for NCAA Amateurism? What Preliminary Approval of the House Settlement Means for College Sports

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Despite previously raising several important concerns relating to the NCAA’s proposed $2.8 billion antitrust settlement in House v. NCAA, federal Judge Claudia Wilken recently granted preliminary approval of the deal in an...more

Rumberger | Kirk

Bar Admission Requires Proof of Character and Fitness

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Getting through law school and passing the bar exam are only two parts to becoming an attorney in most states, including Florida, where I live and practice. Often overlooked, the proof of character and fitness requirement for...more

Bricker Graydon LLP

New IRS Guidance for Long-Term Part-Time Employees in ERISA covered 403(b) Plans at Private, Non-Profit Institutions of Higher...

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In potentially welcome news for public institutions of higher education, in Notice 2024-73, the Internal Revenue Service (IRS) confirmed that the new long-term part-time (LTPT) rules introduced by the SECURE Act and SECURE...more

McAfee & Taft

Employee loses ADA lawsuit for failing to engage with employer over alternative accommodations

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A federal appeals court in Tennessee recently upheld an order dismissing a former teacher’s disability bias lawsuit, finding that the teacher’s failure to engage in discussions with his employer over alternative...more

McGuireWoods LLP

Education Department to Formally Rescind 2023 Dear Colleague Letter on Third-Party Servicers

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The U.S. Department of Education announced it will formally rescind the 2023 Dear Colleague Letter (DCL) on Third-Party Servicers (GEN-23-03) by Nov. 18, 2024. As explained in our prior Feb. 21, 2023, and April 12, 2023,...more

TNG Consulting

Tip of the Week: BIT Standards for Higher Education – Standard 10 

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With the publication of the updated NABITA Industry Standards for Behavioral Intervention Teams, it is essential to review each standard in detail for our higher education audience. Today, we focus on Standard 10 and the...more

Fisher Phillips

Legally Blind Teaching Applicant Deemed not Qualified Under the ADA: 3 Lessons for Schools

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A school district in Texas recently prevailed in a failure-to-hire lawsuit when the court ruled that a legally blind applicant for a teaching position could not demonstrate that she’d have been able to manage student...more

Foley & Lardner LLP

Losing for Winning: Dartmouth Basketball Team’s Ill-Fated Unionization Effort

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The Dartmouth men’s basketball team is scheduled to tip-off its 2024-25 NCAA season. Not surprisingly, they will do so without a labor contract, notwithstanding the team’s historic vote last March to unionize under federal...more

Orrick, Herrington & Sutcliffe LLP

DC bill establishes protections for student loan borrowers

On October 7, the Council of the District of Columbia enacted B25-0037 or the New Student Loan Borrower Bill of Rights Amendment Act of 2024 (the “Act”), which amends the Department of Insurance and Securities Regulation...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – Potential cap on AI chip exports, New York Times’ cease and desist letter to Perplexity, high school student...

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more

Bricker Graydon LLP

[Webinar] A Primer on Esports on Campus (Higher Education) - November 1st, 12:00 pm - 1:00 pm ET

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Join Bricker Graydon’s Higher Education team for this free 1-hour webinar and discover the growing world of esports on campus. We’ll introduce attendees to the essentials of esports, review how esports is impacting higher...more

Mintz - Antitrust Viewpoints

Led by DOJ, Federal Agencies Convene to Coordinate Safeguarding Civil Rights from AI-Related Harms — AI: The Washington Report

On October 9, the Department of Justice’s (DOJ) Civil Rights Division convened the heads of federal agency civil rights offices to discuss and promote coordination around preventing harms that may stem from AI, including...more

Bradley Arant Boult Cummings LLP

Taking It to the House: Preliminary Approval of Settlement in House v. NCAA Could Bring Significant Changes to College Sports

In the latest development from the antitrust class-action lawsuit filed against the NCAA regarding potential compensation allegedly denied to student-athletes, Judge Claudia Wilken of the U.S. District Court for the Northern...more

Bond Schoeneck & King PLLC

Accommodations for Pregnant and Parenting Students: New Rules, New Challenges

New Title IX regulations became effective on August 1, 2024, and contain extensive requirements for colleges and universities that receive federal Title IV funds to provide accommodations for students who are pregnant or who...more

Saul Ewing LLP

Court Denies UNC Tennis Player’s Injunction Effort Against NCAA Regarding Prize Money

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With fall sports in full swing, it may be easy to miss the fact that the NCAA has also been busy competing in the courtroom. On the same day that a federal judge in California preliminarily approved a $2.78 billion settlement...more

Clark Hill PLC

Updated Competitive Bidding Threshold for Michigan Public Schools

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In accordance with Sections 1267 and 1274 of the Michigan Revised School Code, MCL 380.1267 and MCL 380.1274, the Michigan Department of Education (MDE) has issued its annual memorandum to establish the competitive bidding...more

Farrell Fritz, P.C.

New Savings Opportunity – Converting a 529 Plan to Roth IRA

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Recent changes implemented by Secure Act 2.0 provide a powerful retirement opportunity. Starting in 2024, Congress changed the way that 529 accounts work....more

Wiley Rein LLP

Lawmakers Urge DOJ to Investigate Foreign Influence on U.S. College Campuses

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On July 9, U.S. Senator Chuck Grassley sent a letter to the Department of Justice (DOJ) and the FBI expressing concerns over U.S. college campus organizations with alleged ties to Hamas that may be avoiding registration under...more

Cozen O'Connor

Broad Street Brief: City Wellness Facility to Open This Fall

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During Thursday’s meeting, City Council voted to create a new Special Committee on Enhancing Efficiency & Transparency in Municipal Services and call on the state to ban the use of rental software that utilizes...more

Verrill

IRS Provides Helpful Answers Regarding Long-Term Part-Time Employees in 403(b) Plans

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In November 2023, the IRS issued proposed regulations addressing the SECURE 2.0 long-term part-time (LTPT) employee eligibility requirements applicable to 401(k) plans knowing that further guidance would be needed to explain...more

Miller Nash LLP

Special Education—Practical Tips From New Cases

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As school administrators know, there are always interesting updates for complying with the Individuals with Disabilities Education Act (IDEA). Recent cases provide important new information for K-12 school teams to improve...more

Kohrman Jackson & Krantz LLP

Ohio’s Suspension and Expulsion Laws: What Every Parent Needs to Know

As a parent, your child’s education is one of your top priorities. However, navigating the complexities of school discipline can be daunting, especially when considering potential suspension and expulsion. Understanding the...more

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