News & Analysis as of

Department of Education

Pursue Innovation or Maintain Eligibility? A Unique Faculty Model Could Cost an Institution $713 Million and its Future...

by Hogan Lovells on

Instructor. Regular. Substantive. Those three words, as defined by the U.S. Department of Education (“ED”) Office of Inspector General (“OIG”), resulted in OIG’s recent recommendation that Western Governors University (“WGU”)...more

Window on Washington - Vol. 1, Issue 34

by Clark Hill PLC on

Short-term Continuing Resolution Likely Needed to Fund Government Past December Deadline: Republicans are focused on tax reform through Thanksgiving, and when lawmakers return from the upcoming holiday recess, they will have...more

U.S. Department of Education Faces Lawsuit Challenging Recent Guidance Concerning Campus Sexual Misconduct

by FordHarrison on

Title IX of the Education Amendments of 1972 (Title IX) and its corresponding regulations prohibit sex discrimination in education programs or activities conducted by educational institutions that receive federal financial...more

More Federal School Guidance Documents Come off the Ledger

by Barley Snyder on

The federal government has wiped away a host of special education guidance documents created over the past 30 years that it deemed antiquated....more

DOE Rescinds Guidance Documents Related to Idea and Rehabilitation Act

by Franczek Radelet P.C. on

On February 24, 2017, President Trump signed Executive Order 13777. This order required Federal agencies to evaluate their existing regulations and make recommendations to the agency head regarding their repeal, replacement,...more

Window On Washington - This Week in the Nation's Capital - Vol. 1, Issue 32

by Clark Hill PLC on

House Narrowly Passes 2018 Budget Resolution: The House passed the Senate’s version of the budget resolution by a vote of 216-212 allowing Republicans to begin their work on tax reform. The budget resolution calls for...more

Blog: Department of Education Pushes Back Effective Date of Borrower Defense Rule – Again

by Cooley LLP on

The Borrower Defense to Repayment (BDTR) Rule, which applies to all higher education institutions participating in the Federal Student Aid program – whether public, private nonprofit or for-profit – has been the subject of...more

U.S. Department of Education Announces Further Delays to Borrower Defense to Repayment Regulations

by Hogan Lovells on

On October 24, the U.S. Department of Education (“ED”) published an interim final rule to delay until July 1, 2018 the effective date of selected provisions of what have become known as the borrower defense to repayment...more

Worth Another Look: The Public School Code

As we make our way toward finally finishing the 2017-2018 fiscal year budget, another “code bill” reached the governor’s desk. The final version of H.B. 178 (Day, R-Berks), the Public School Code omnibus bill, passed in the...more

Department of Education Sued in Connection with Recently Issued Q&A on Campus Sexual Misconduct

• An equal rights group and three individual plaintiffs have filed a civil suit in U.S. District Court in Boston against the Department of Education (ED) and Secretary of Education Betsy DeVos. The complaint alleges that the...more

Window On Washington - This Week in the Nation's Capital - Vol. 1, Issue 31

by Clark Hill PLC on

Senate Adopts Budget Resolution Making Way for Tax Reform: The Senate on a party-line vote of 51-49 adopted its FY18 budget resolution that includes $5.1 trillion in spending reductions and instruction for reconciliation for...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections- Republican Frank White Announces Bid for Florida Attorney General- Republican state Representative Frank White announced his candidacy in the open 2018 race for Florida AG. He is also the general counsel...more

As Recent Title IX Legislative Efforts Meet Resistance, Litigation Will Likely Increase

• California Gov. Jerry Brown vetoed the state legislature’s attempt to codify previously issued Title IX guidance. • A similar bill, introduced this month in the U.S. House of Representatives, has not yet received the...more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 30

by Clark Hill PLC on

House Passes Bill on Disaster Funding: House Republicans easily passed a supplemental spending bill that included $36.5 billion of disaster aid with a vote of 353-69 after some initial worries on Thursday afternoon that it...more

How does Last Best Offer Interest Arbitration Work When The State Has Not Adopted Its Budget?

According to the State Department of Education, approximately 100 Connecticut school districts are scheduled to engage in negotiations with teacher and/or administrator bargaining units by the end of December, 2017. As those...more

DOE Issues New Title IX Interim Guidance

by Foley Hoag LLP on

On September 22, 2017, the Department of Education (“DOE”) issued new interim guidance for Title IX, formally withdrew prior guidance documents, including the April 4, 2011 Dear Colleague Letter and the Questions and Answers...more

U.S. Department of Education Revises Guidance Concerning Campus Sexual Misconduct

by FordHarrison on

Title IX of the Education Amendments of 1972 (Title IX) and its corresponding regulations prohibit sex discrimination in education programs or activities conducted by educational institutions that receive federal financial...more

Department of Education Rescinds Obama-era Title IX Guidance Document

by Hogan Lovells on

On September 22, the U.S. Department of Education Office for Civil Rights issued a Dear Colleague Letter withdrawing the statements of policy and guidance reflected in two key documents about Title IX and sexual violence...more

New Title IX Guidance: Steps To Take Now

by Holland & Knight LLP on

• The U.S. Department of Education rescinded two major Office for Civil Rights guidance documents interpreting the application of Title IX to reports of sexual misconduct. • Secretary of Education Betsy DeVos stated that...more

Department of Education Rescinds Obama-Era Title IX Guidance Documents, Introduces New Q&A on Campus Sexual Misconduct

by Hogan Lovells on

On September 22, the U.S. Department of Education Office for Civil Rights issued a Dear Colleague Letter withdrawing the statements of policy and guidance reflected in two key documents about Title IX and sexual violence...more

Window On Washington - This Week in the Nation's Capital - Issue 29

by Clark Hill PLC on

Hurricane Supplemental Includes $29B for Disaster Aid and Flood Insurance: Of the $29B, the National Flood Insurance Program will receive $16B to pay flood claims. The House plans to pass the bill next week and the Senate the...more

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

Four “Red Flags” Schools Should Address in Title IX Sexual Violence Polices

by Pessin Katz Law, P.A. on

On September 22, 2017, the U.S. Department of Education issued new Interim Title IX Guidance providing Questions and Answers on Title IX sexual violence. Significantly, the new guidance withdraws the April 4, 2011 Dear...more

DOE Announces Intention to Revise Title IX Campus Sexual Misconduct Investigation Requirements

As we suggested in our February 2017 blog post, the future of Title IX application in our institutions is in flux. The Department of Education Office for Civil Rights rescinded the Obama era 2011 Dear Colleague Letter and...more

DOE Rescinds Prior Guidance on Title IX and Sexual Violence, Issues Interim Advice on Campus Sexual Misconduct

by Littler on

On September 22, 2017, the U.S. Department of Education (DOE) rescinded its April 4, 2011 Dear Colleague Letter regarding sexual assault and its April 29, 2014 Questions and Answers on Title IX and Sexual Violence.1 This is...more

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