News & Analysis as of

Colleges

Massachusetts' Supreme Court Finds Colleges May Face Liability for Student Suicide Under Certain Circumstances

by Shipman & Goodwin LLP on

Earlier this month, Massachusetts’ highest court ruled favorably for Massachusetts Institute of Technology (“MIT”) and three school officials in a wrongful death lawsuit closely watched by educational institutions for close...more

New Jersey Accepts First Financial Aid Applications from Undocumented Immigrant Students

As the ink of New Jersey Governor Phil Murphy’s signature was still drying on the new law expanding state financial aid to undocumented students, the state’s application website went live. Within minutes, the first...more

Dissecting the Massachusetts Ruling Recognizing a Duty for Higher Education Institutions to Prevent Student Suicide

by Pepper Hamilton LLP on

A recent decision by Massachusetts’s highest court unanimously recognized that, under some circumstances, colleges and universities have a duty to protect students from suicide that, if violated, could result in tort...more

The Online World at Risk of ADA Lawsuits

by Steptoe & Johnson PLLC on

Lawsuits and enforcement actions over websites’ accessibility to disabled people have swamped businesses, as well as colleges and universities over the past several years. “We’ve seen such a spike in the last few years in...more

Immigration Alert: New Jersey Extends College Financial Aid to Undocumented Immigrants

In a ceremony at Rutgers University in Newark yesterday afternoon, New Jersey Governor Phil Murphy signed into law a bill that makes New Jersey the 10th state in the nation to extend financial aid to college and university...more

Arizona Passes New Law to Bolster Campus Free Speech

by Ballard Spahr LLP on

In the midst of heightened political activism among students and employees at academic institutions across the nation, Arizona has enacted legislation designed to protect free speech on its college campuses....more

DOJ Makes Early-Decision to Take Elite Colleges and Universities to School

by K&L Gates LLP on

The Department of Justice (“DOJ”) is currently investigating to what extent colleges and universities communicate with each other about prospective students that apply through the early decision process. While it is still...more

Connecticut Governor Signs Bill Expanding College Financial Aid to Undocumented Immigrants and New Jersey to Follow

Last Friday, Connecticut became the first state on the East Coast to make undocumented immigrants eligible for financial aid at state-run colleges and universities. Governor Dannel P. Malloy signed Senate Bill 6, which...more

DOL Issues Fact Sheet on Overtime Pay for Higher Education Employers

Earlier this month, the U.S. Department of Labor’s Wage and Hour Division issued a new fact sheet explaining the applicability of overtime exemptions under the Fair Labor Standards Act to occupations in higher education....more

California Court Finds College Not Liable for Third Party Harassment Not Related to College's Programs or Activities

In Karasek v. Regents of the University of California, No. 3:15-cv-03717-WHO (N. D. Cal. April 12, 2018), the court granted summary judgment to the University of California (UC) on the plaintiff’s Title IX claims. The...more

DOL Issues Updated Overtime Guidance to Colleges & Universities under the FLSA

On April 12, 2018, the DOL issued a new Fact Sheet for Higher Education Institutions and Overtime Pay Under the Fair Labor Standards Act. The Fact Sheet addresses the common exemptions applicable to Institutions of Higher...more

DOL Publishes New Fact Sheet Regarding Overtime Regulations for Higher Education Employees

On April 12, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued a new fact sheet concerning “the applicability of [the white collar] exemptions [of the Fair Labor Standards Act] to jobs that are...more

Immigration Agency Launches Online Reporting Portal for F-1 OPT and M-1 International Students

The Student Exchange Visitor Program (SEVP) recently launched the Online International Student Visa Portal for foreign students in the United States under the F-1 Post-Completion Optional Practical Training (OPT) and M-1...more

Getting Ready for ED’s New State Authorization Rule

by Thompson Coburn LLP on

As institutions with online programming are well aware, the U.S. Department of Education’s new “state authorization” rule is set to become effective this coming July 1, 2018. Among other things, the rule will require...more

Blog: ACICS Recognition Reinstated

by Cooley LLP on

Secretary Betsy DeVos announced earlier today that the US Department of Education has retroactively reinstated the federal recognition of the Accrediting Council for Independent Colleges and Schools as of December 12, 2016,...more

Practical Insights on Tax Reform: Impact on Exempt Organizations

On December 22, 2017, President Trump signed into law legislation, known as the Tax Cuts and Jobs Act (“TCJA”), which is the most extensive overhaul of the United States Internal Revenue Code (the “Code”) in 30 years. In...more

Client Alert: Why it is 100x Riskier to Pay College Athletes than it is to Pay NFL Free Agents

Every March, as the NCAA Final Four tips off, there is no shortage of opinions that it is madness to prohibit universities from paying college athletes cash compensation for the athletic services they provide....more

Colleges’ Liability For Defaulting Parents Narrowing?

by Akerman LLP on

Good news for colleges: Connecticut may be on the leading edge of a trend to bar bankruptcy trustees from pursuing colleges when parents default on their “Parent PLUS” loans. When a parent signs a “Parent PLUS” loan to...more

California Court Creates Special Duty for Colleges to Protect Students

On March 22, 2018, the top California Court stated for the first time that there is a special relationship between colleges and their enrolled students which gives rise to an exception to the general rule that there is no...more

Decoding the Tax Cuts and Jobs Act – Part VIII: Charitable and Tax-Exempt Organizations / Estate and Gift Taxes

by Garvey Schubert Barer on

Charitable organizations work hard to maintain exempt status. These organizations operate in a highly regulated landscape: In exchange for enjoying freedom from income taxes, they must comply with strict organizational and...more

Inadequate and Incorrect Visa Applications, Increased State Department Scrutiny Lead to 17% Drop in Granted F-1 Student Visa...

Last week, the American Immigration Counsel reported a sharp, one-year decline in the number of F-1 Student Visas issued to international students seeking to study in US colleges and universities. According to the Counsel,...more

Political Campaigns, College Campuses, and Free Speech

by Ballard Spahr LLP on

With the midterm spring primary election season looming, many educational institutions are witnessing heightened political awareness and activism among students and employees. ...more

Grab The Spotlight In Haste, Repent In Leisure

by SmithAmundsen LLC on

Buried on the third and fourth pages of The Wall Street Journal and my local newspaper recently, I found two interesting business stories. These stories followed much more prominent stories. In the first, the WSJ reported...more

The 2017 Tax Cuts and Jobs Act: A Pandora’s Box for Higher Education

The enactment of the Tax Cuts and Jobs Act of 2017 has raised a number of potential issues for institutions of higher education. Due to this significant impact, institutions need to study the Tax Act and plan appropriately....more

A New Push to Organize Graduate Students at Private Colleges and Universities? Four Major Unions Announce a Coalition on Higher Ed...

by Franczek Radelet P.C. on

On March 14, 2018, leaders from the Service Employees International Union, the United Auto Workers, the American Federation of Teachers, and UNITE HERE announced a new coalition to organize graduate students at private...more

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