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Kohrman Jackson & Krantz LLP

Understanding Title IX and Fraternity Responsibility: A Closer Look at Campus Sexual Assault

Imagine this scenario taking place at Greek parties all around the country: A fraternity hosts a party at its house and invites either another sorority or allows non-Greek students to attend. Alcohol is served at the party,...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Care Insights, Issue 9, October 2024

Welcome to The Academic Advisor - our e-newsletter focused on education law insights. With Fall Break behind us and the race to end-of-term underway, we highlight the following topics of import for schools,...more

Miller Nash LLP

Don’t Let Concerns About Due Process Undo Your Process: A Checklist for Responding to Special Education Due Process Complaints

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Sometimes, despite the best and thorough efforts of school employees, parents of students receiving special education services will file a request for a due process hearing (usually known as a “due process complaint”). When...more

Sherman & Howard L.L.C.

Court Imposes No Monetary Penalty in SEC Case Against City of Rochester, New York & Its Former Finance Director

On Oct. 16, 2024, the Western District of New York entered final judgment on a Securities and Exchange Commission (SEC) enforcement action against the City of Rochester, New York, its former Finance Director, and their...more

Shipman & Goodwin LLP

See You In Court - November 2024

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Sometimes we hear that opposites attract, and such was the case between two members of the Nutmeg Board of Education. Board members Penny Pincher and Mal Content rarely see eye to eye on the challenges the Board faces, with...more

Bowditch & Dewey

Tassel or Hassle: College Costs and Divorce

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If you are the parent of a high school senior, you’re keenly aware that it is not just leaf peeping season, but college application season. Early action and early decision applications for most colleges are due in October or...more

Constangy, Brooks, Smith & Prophete, LLP

The termination wasn't perfect, but this employer nailed the retaliation case.

Here are the four things the employer did right. I hope everyone had a fun Halloween last night. And before Halloween gets too far into the distant past, check out this scary HR story: A full-time adjunct instructor at the...more

Seyfarth Shaw LLP

Seventh Circuit: A “Do-Over” Is Not an Accommodation

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The Seventh Circuit’s recent decision – holding that an employee’s request for a second chance that allows them to change their behavior to meet employer expectations is not a “reasonable accommodation” under the ADA –...more

McDermott Will & Emery

EdTech and Privacy: Navigating a Shifting Regulatory Landscape

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Educational technology (EdTech) tools were critical during the COVID-19 pandemic and remain a key part of education, from digital textbooks and instructional material, to interactive applications for teachers, parents, and...more

Bradley Arant Boult Cummings LLP

Arizona Court Says Preschool Isn’t School, Showing That Sometimes There Isn’t a “Right” Decision

Legend has it that Alice Cooper originally titled his hit “Preschool’s Out Forever.” I made that up, but it occurred to me when I read a headline from Law360 that read “Under Pot Law, Preschool Isn’t ‘School,’ Ariz. Court...more

Rodemer Kane Attorneys at Law

Can a DUI Get You Kicked Out of College in Colorado?

The short answer is: It's complicated. A night of partying with friends, one too many drinks, a reckless decision – a DUI can derail your life in the blink of an eye. If you're a college student in Colorado facing DUI...more

Shipman & Goodwin LLP

Can You Say Anything? Free Speech in Independent Schools

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Can a teacher put a sticker on their laptop expressing support for a political candidate? What about an employee attending a pro-life rally or using their personal social media account to express opinions about global...more

Bond Schoeneck & King PLLC

DOE Backs Away from Plan to Regulate Third-Party Service Providers

In a recent policy shift, the U.S. Department of Education (DOE) agreed in a court filing to end its plan to impose additional regulations on third-party service providers (TPSPs) contracting with colleges and universities....more

Ballard Spahr LLP

CFPB sues student lender Climb Credit

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The CFPB has filed suit against student lender Climb Credit, Inc. and its largest shareholder 1/0 (one zero), alleging that the lender induced students to take out loans by misrepresenting the quality of the training programs...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

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