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Miller Nash LLP

New Trump Administration Executive Orders Reflect Significant Policy Changes—Key Takeaways for School Administrators

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On January 20, 2025, the Trump Administration issued Executive Orders to begin implementing President Donald Trump’s policy agenda. Below are highlights from a few of the newly enacted Executive Orders, and some initial key...more

Miller Nash LLP

Department of Homeland Security Withdraws “Sensitive Location Enforcement” Directive Protecting Schools; Oregon Law Limits...

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The Department of Homeland Security (DHS) is moving quickly to implement President Trump’s policy focus on enhanced enforcement of immigration laws. Earlier today, January 21, 2025, the Acting Director of DHS withdrew the...more

Burr & Forman

The NCAA Division I Football Transfer Portal is Closed: Now What?

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For the first time since NCAA Division I football student-athletes have had the opportunity to transfer schools, the winter window to enter the portal was reduced to 20 days from 30 days. The portal officially opened on...more

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update – January 2025

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Due to the situation-specific nature of parental involvement in educational decisions, nonparticipation in one decision due to a procedural inadequacy is not automatically a major barrier to a parent’s input in the overall...more

Dentons

Iowa General Assembly – Legislative Session Week 1

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The 91st General Assembly gaveled in last week to begin the 2025 Iowa legislative session. The Republican Party returned to the Capitol with an even stronger hold on the legislature after the 2024 election, increasing their...more

Poyner Spruill LLP

Judge Rules NCAA Bylaw on Eligibility Likely Violates the Sherman Antitrust Act

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Athletic departments at NCAA member institutions must now consider whether their student-athletes who transferred from non-NCAA schools are eligible to play another season of college sports....more

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report - Legislative Day 5 - January 2025

As the world reacted to the shove heard round the world, the General Assembly kept a low profile on Friday. Convening an hour earlier than the Senate, the House gaveled in and out before senators even made it to their desks....more

Foley Hoag LLP

SFFA In The Courts: Where We Are Before the Administration Change

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It has been over a year since the Supreme Court issued its decision striking down Harvard’s and the University of North Carolina’s admissions policies in Students for Fair Admissions (“SFFA”) v. Harvard College and SFFA v....more

Baker Donelson

Governor Bill Lee Announces Special Session Beginning January 27

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Governor Bill Lee has announced a special session of the Tennessee General Assembly starting on January 27, 2025. This session will address three critical legislative priorities: the Education Freedom Act, disaster relief for...more

Fisher Phillips

Top 2025 Predictions for Higher Education and K-12 Private and Independent Schools

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Our Education thought leaders have pulled together their top predictions for the new year so that higher education institutions and K-12 private and independent schools can get a running start to 2025....more

Cooley LLP

Department of Education End-of-Year Regulatory Action Announcements: Financial Value Transparency and Gainful Employment + Program...

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In the last week of 2024, the Department of Education (ED) announced a series of end-of-term regulatory actions – including updated guidance on the Financial Value Transparency and Gainful Employment (FVT/GE) regulations and...more

McGuireWoods LLP

Department of Education OCR Issues Guidance on How Schools Analyze NIL Activity Under Title IX

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On Jan. 16, 2025, the Department of Education’s Office for Civil Rights (OCR) issued guidance regarding how it will analyze name, image and likeness (NIL) activity under Title IX of the Education Amendments of 1972. The...more

Husch Blackwell LLP

Federal District Court Vacates 2024 Title IX Regs

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On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky vacated the Biden administration’s 2024 Title IX regulations. The vacatur applies nationwide, meaning the 2020 Title IX final rule and Title IX...more

Bricker Graydon LLP

Title IX Quick Hits for K-12

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The federal court decision from the Eastern District of Kentucky issued on January 9, 2025 officially vacated the 2024 Title IX regulations for schools located in Tennessee, Kentucky, Ohio, Indiana, Virginia, and West...more

Parker Poe Adams & Bernstein LLP

Title IX Gender Equity Mandate Applies to NIL Activity, Department of Education Confirms

In long-awaited guidance, the U.S. Department of Education’s Office for Civil Rights (OCR) officially confirmed what many Title IX practitioners and athletics administrators thought to be true: Title IX’s gender equity...more

Venable LLP

Title IX’s Final Rule Is Struck Down: Time to Return to the 2020 Regulations

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In a recent and far-reaching decision, a federal court struck down the Biden administration’s 2024 final rule, which sought to implement significant changes to Title IX’s regulations (the 2024 Final Rule). ...more

Franczek P.C.

Legal Watchlist for 2025

Franczek P.C. on

The start of a new year may prompt questions regarding hot button areas of the law in flux. We have received questions about several such issues and what they mean for educators. Title IX, immigration enforcement, and school...more

Littler

What Should Educational Institutions Do Next for Title IX Now That Biden’s Final Rule Was Blocked by a Federal Judge?

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On January 9, 2025, the Biden administration’s Title IX Final Rule was struck down by the U.S. District Court for the Eastern District of Kentucky, which declared the regulations unconstitutional for all schools nationwide....more

Clark Hill PLC

Balancing the Scales: Court Awards Limited Attorney Fees in Lengthy Title IX Due Process Case

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In this long-running suit against the University of Michigan by a male student accused of sexual assault in 2018, the Court awarded plaintiff $65,067.55 in attorney fees (out of $210,558.15 requested) and $3,982.37 in costs....more

Clark Hill PLC

2024 Title IX Regulations Struck Down - What’s Next for Higher Education?

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On Jan. 9, 2025, the Eastern District of Kentucky held in State of Tennessee, et al. v. Miguel Cardona, et al. that the U.S. Department of Education’s 2024 Final Rule (“Final Rule”) implementing Title IX is “unlawful.” This...more

Venable LLP

Eight Employment Law Changes That Are Important to Illinois Independent Schools

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Illinois lawmakers passed a number of changes to employment laws effective January 1, 2025. The following is a summary of each law...more

Troutman Pepper Locke

What Do We Do Now? District Court Invalidates 2024 Title IX Regulations

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On January 9, a federal judge in the Eastern District of Kentucky entered an order vacating the 2024 Title IX regulations (the Final Rule). The case is Tennessee, et al. v. Cardona (Civil Action No. 2: 24-072)....more

BCLP

OCR Confirms Title IX Applies to Institutions’ Direct NIL and Revenue-Sharing

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On January 16, 2025, the Office of Civil Rights of the Department of Education – the agency responsible for enforcing Title IX at institutions of higher education – issued a Fact Sheet confirming that OCR will apply...more

BCLP

State of Tennessee v. Cardona: Implications of the Vacatur of the 2024 Title IX Regulations

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On April 19, 2024, the Department of Education released its final Title IX regulations regarding sexual discrimination in federally-funded education (the “2024 Title IX Rules”)....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Department of Education Warns NCAA Schools That NIL Deals May Implicate Title IX Obligations

The U.S. Department of Education warned National Collegiate Athletic Association (NCAA) schools that payments to athletes for the use of their names, images, and likenesses (NIL) implicate the gender equal opportunity...more

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