News & Analysis as of

Department of Education Administrative Procedure Act

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Rejects Education Department’s Bid to Stay Injunctions Barring Enforcement of New Title IX Rules

The Court’s decision leaves in place injunctions barring ED from enforcing the new regulations in over 20 states and against nearly 700 institutions of higher education. The Education Department (ED) released new Title IX...more

Franczek P.C.

Chevron Overturned, Federal Agency Deference Over: Impact of Loper Bright on Regulations Affecting Employers and Educators

Franczek P.C. on

On June 28, 2024, in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court overturned Chevron v. Natural Resources Defense Council, upending 40 years of judicial precedent holding that federal courts should defer to...more

Ward and Smith, P.A.

The Chevron Doctrine Overturned: Implications for U.S. Regulatory Landscape

Ward and Smith, P.A. on

In general, courts—not the legislative or executive branches of government—interpret the law. But since 1984, the Supreme Court required federal courts to disregard their own interpretation of ambiguous federal statutes....more

Husch Blackwell LLP

Title IX Litigation Tracker: Tensions Rise as Litigation Remains Active Between States and the Federal Government Over Title IX...

Husch Blackwell LLP on

On April 19, 2024, the U.S. Department of Education (“Department”) released the long-awaited Final Rule to Title IX. Title IX of the Education Amendments of 1972 is a statute with corresponding regulations that protect people...more

ArentFox Schiff

Implications of the Dissolution of the Chevron Doctrine on New Title IX Rules

ArentFox Schiff on

On June 28, the US Supreme Court overruled the Chevron doctrine, significantly reducing the power of federal agencies’ staff acting as experts in interpreting federal statutes. The Loper Bright v. Raimondo ruling said that...more

Bass, Berry & Sims PLC

Title IX Regulations Enjoined in Four More States as Department of Education Appeals Earlier Injunctions

Bass, Berry & Sims PLC on

On July 2, Judge John Broomes of the U.S. District Court for the District of Kansas handed down yet another preliminary injunction blocking the Title IX regulations issued in April, following on the heels of similar orders...more

Adams and Reese LLP

2024 Title IX Final Rule Enjoined in Louisiana, Mississippi, Montana, and Idaho

Adams and Reese LLP on

Last Thursday, a United States District Court in Louisiana enjoined implementation of the amended Title IX regulations (2024 Final Rule), the first decision in one of several cases challenging the 2024 Final Rule. The new...more

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

Different School of Thought: 15 States Sue to Challenge 2024 Title IX Regulations

As previously discussed in our four-part series, on April 19, 2024, the U.S. Department of Education released final Title IX regulations that apply to complaints of sex discrimination occurring on or after the effective date...more

Cozen O'Connor

Republican AGs Take Another Bite at the Apple in Challenging Student Loan Cancellations

Cozen O'Connor on

11 Republican AGs filed a lawsuit against the Biden administration and the Department of Education (ED) alleging that they exceeded executive and agency authority in implementing the SAVE Plan, which provides student loan...more

TNG Consulting

Title IX Regs Watch: Do We All Need to Learn How to Pronounce Sine Die?

TNG Consulting on

If you’re a Latin pedant, you’ll want to use the traditional ‘see-nay de-ay,’ but the common American English pronunciation used in legislative machinations is ‘sigh-neh dye.’ Perhaps it ought to be “sign or die” to be more...more

Cozen O'Connor

AGs File Suit Over Student Debt Cancellation

Cozen O'Connor on

Missouri AG Eric Schmitt led AGs from Nebraska, Arkansas, Iowa, Kansas, and South Carolina in suing President Biden, Secretary of Education Miguel Cardona, and the United States Department of Education alleging that the Biden...more

DirectEmployers Association

OFCCP Week In Review: July 2022 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

Jackson Lewis P.C.

Education Department Ceases Enforcement Of Title IX Regulatory Provision Barring Reliance On Certain Statements

Jackson Lewis P.C. on

The U.S. Department of Education’s Office for Civil Rights has announced that it will immediately cease enforcement of the Title IX regulatory provision prohibiting decision-makers’ reliance on statements not subject to...more

Cozen O'Connor

AGs Argue Trump-Era Student Borrower Defense Rule Is Unlawful And Should Be Repealed

Cozen O'Connor on

A group of 22 Democratic AGs, led by California AG Rob Bonta and Massachusetts AG Maura Healey, filed an amicus brief in the U.S. Court of Appeals for the Second Circuit in New York Legal Assistance Group (“NYLAG”) v....more

Pillsbury Winthrop Shaw Pittman LLP

Title IX Compliance Deadline Quickly Approaching

District Courts in New York and the District of Columbia have denied motions to enjoin the August 14 effective date for new Title IX regulations for college campuses. The U.S. Department of Education rule establishing...more

Bass, Berry & Sims PLC

States Sue to Postpone and Invalidate New Title IX Regulations

Bass, Berry & Sims PLC on

On June 4, two separate lawsuits were filed by states against the Department of Education (the Department) alleging that the Department violated the Administrative Procedure Act (APA) in promulgating the final rules...more

Ballard Spahr LLP

Court hears argument in association’s attempt to block Dept. of Education “borrower defense” rule from taking effect on Oct. 12

Ballard Spahr LLP on

Earlier this week, Judge Randolph D. Moss of the D.C. federal district court heard oral argument on the renewed motion for a preliminary injunction filed by the California Association of Private Postsecondary Schools (CAPPS)...more

FordHarrison

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

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

Pullman & Comley - School Law

Clear and Convincing: DOE v. Jackson, Devos, and the future of campus sexual misconduct investigations

On September 7, 2017, Betsy DeVos, the Secretary of Education, announced that the United States Department of Education intended to revisit the “Dear Colleague” letter that the Department’s Office for Civil Rights, or “OCR,”...more

Ballard Spahr LLP

State AGs seek injunction against Dept. of Education postponement of the Borrower Defense Rule; DeVos continues “regulatory reset”...

Ballard Spahr LLP on

Eighteen states and the District of Columbia have filed suit against Secretary of Education Betsy DeVos seeking an injunction of the Department of Education’s indefinite postponement of the Obama Administration’s Borrower...more

Cooley LLP

Alert: ACICS Files Suit to Overturn Loss of Recognition

Cooley LLP on

On December 12, 2016, US Secretary of Education John King issued his final – and expected – decision denying the appeal filed by the Accrediting Council for Independent Colleges and Schools ("ACICS") and terminated its status...more

Seyfarth Shaw LLP

Texas District Court Enjoins Federal Gender Identity Protection Of Students

Seyfarth Shaw LLP on

Seyfarth Synopsis: In State of Texas v. United States, a District Court issued a nationwide injunction to enjoin the Department of Education and Department of Justice from enforcing their guidelines on accommodations for...more

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