News & Analysis as of

Department of Education Comment Period

Miller Canfield

U.S. Department of Education Proposes New Title IX Rules on Transgender Student-Athletes

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On April 6, 2023, the Department of Education Office for Civil Rights (“OCR”) issued a Notice of Proposed Rulemaking relating to Title IX, a federal law prohibiting sex discrimination in federally funded programs. 20 U.S.C....more

Husch Blackwell LLP

Department of Education Publishes Proposed Regulation Governing Athletics Eligibility Based on Gender Identity

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On April 6, 2023, the U.S. Department of Education issued a proposed rule that would govern a school, college, or university’s ability to regulate participation by transgender athletes on teams designated “men’s” and...more

Carlton Fields

Biden Administration Seeks to Prohibit Blanket Ban on Transgender Student Athletes

Carlton Fields on

Transgender athletes’ participation in school sports has been an area of focus for governing bodies like the National Collegiate Athletic Association and the Connecticut Interscholastic Athletic Conference, as well as state...more

Hogan Lovells

THIS WEEK: ED hosts listening sessions on bundled services exception to incentive compensation rule

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On March 8 and 9, the U.S. Department of Education (ED) will host virtual listening sessions to receive public comment on the incentive compensation rule. ED will accept written comments through March 16, per the Federal...more

Cooley LLP

ED Updates Timeline for Third Party Servicer Guidance

Cooley LLP on

The Department of Education has extended the timeline for implementation of its February 15 Dear Colleague Letter, which substantially expanded the “third-party servicer” definition under the Title IV regulations....more

Cooley LLP

ED Proposes Significant Amendments to Change in Control and 90/10 Regulations

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*COMMENTS DUE THIS WEEK* On July 28, 2022, the US Department of Education (ED) published a Notice of Proposed Rulemaking (NPRM) to amend its 90/10 and change of ownership and control regulations. ED is accepting...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

Franczek P.C.

60-Day Public Comment Period for Proposed Title IX Regulations Begins

Franczek P.C. on

As we discussed in a previous alert, the Biden administration recently released its proposed Title IX regulations. Today, the administration published the proposed regulations in the Federal Register, beginning the 60-day...more

Franczek P.C.

OCR Issues Request for Information Regarding Nondiscriminatory Administration of School Discipline

Franczek P.C. on

Recently, the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued a Request for Information that asks members of the public to submit written comments regarding the administration of school discipline in...more

Jackson Lewis P.C.

House Seeks To Block Proposed Amendments To Title IX Regulations

Jackson Lewis P.C. on

Four congresspersons have introduced legislation in the House of Representatives aiming to block the Department of Education’s proposed amendments to the Title IX regulations on how colleges and universities must handle...more

Faegre Drinker Biddle & Reath LLP

U.S. Department of Education Issues Proposed Rule to Revise Accreditation Regulations

On June 12, 2019, the U.S. Department of Education (the “Department”) issued a Notice of Proposed Rulemaking (the “Proposed Rule”) to revise its regulations governing the recognition of accrediting agencies for postsecondary...more

Franczek P.C.

Proposed ED Guidance Aims to Lessen “Burdensome” Supplement Not Supplant Requirements

Franczek P.C. on

The U.S. Department of Education (ED) recently released proposed non-regulatory guidance addressing school district compliance with the requirement that federal funds "supplement, and do not supplant” state and local funds...more

Hogan Lovells

Public comment on Department of Education's proposed Title IX rules due January 30

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On November 29, 2018 the U.S. Department of Education (ED) published in the Federal Register a notice of proposed rulemaking (NPRM) to amend ED's regulations implementing Title IX of the Education Amendments of 1972 (Title...more

Stinson LLP

Department of Education Proposes New Title IX Regulations Governing Sexual Harassment and Assault

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On November 16, 2018, the U.S. Department of Education proposed a new rule under Title IX, the 1972 federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities that receive...more

Franczek P.C.

Proposed Title IX Regulations Raise Many Questions, Particularly for K-12 Schools

Franczek P.C. on

On Friday, the U.S. Department of Education issued proposed regulations that its Office for Civil Rights (OCR) would use to investigate complaints against schools under Title IX of the Education Amendments of 1972. Title IX...more

Holland & Knight LLP

Newly Proposed Title IX Regulations Promise Sweeping Changes

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• The U.S. Department of Education (Department) on Nov. 16, 2018 proposed sweeping changes to the regulations implementing Title IX, the federal law prohibiting sexual harassment and sex discrimination. • The newly...more

Hogan Lovells

ED's latest proposed rule-making: Pursuing its own agenda

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The U.S. Department of Education's (ED) higher education policymaking agenda so far in 2018 has to a large degree seemed to focus on rolling back initiatives of the Obama administration, including several rulemaking efforts...more

Hogan Lovells

U.S. Department of Education Issues Guidance on Providing FAPE After Supreme Court Decision in Endrew

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In Endrew, the U.S. Supreme Court ruled in favor of a higher standard of education for children with disabilities, which then raised many fundamental questions about special education across the nation. What is required for a...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

Miller Canfield

Department of Education Rescinds Obama Era Guidance on Sexual Harassment & Provides Interim Rules

Miller Canfield on

The U.S. Department of Education Office of Civil Rights ("OCR") this morning formally rescinded its April 4, 2011, Dear Colleague Letter as well as the April 29, 2014, Questions and Answers on Title IX and Sexual Violence....more

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

The Department of Education Withdraws Obama-Era Title IX Guidance, Issues Interim Q&A

On Friday, September 22, 2017, when the Trump administration announced that it was rescinding Obama-era Title IX sexual assault guidance and issuing a new question and answer document while undertaking a formal review, most...more

Ballard Spahr LLP

Dept. of Education postpones effective date of arbitration ban and other provisions of “borrower defense” rule, announces intent...

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In a notice published in today’s Federal Register, the Dept. of Education announced that it is postponing “until further notice” the July 1, 2017 effective date of various provisions of the “borrower defense” final rule...more

Hogan Lovells

U.S. Department of Education Publishes Procedures for Group Borrower Defense Claims

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On 19 January, the U.S. Department of Education published regulations to establish procedural rules governing certain proceedings under the Department’s borrower defense regulations and to update the Department’s related...more

Cooley LLP

Alert: ED Issues Sweeping Proposed Rules on Borrower Defense

Cooley LLP on

Almost four months after the marathon negotiated rulemaking ended in March without consensus, the US Department of Education (ED) has released a massive Notice of Proposed Rulemaking describing how it plans to refocus the...more

Ballard Spahr LLP

Dept. of Education extends comment period for new online complaint system

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The Department of Education has published a notice in the Federal Register extending the period for comments to be submitted on its plans to create a new Web site by July 1, 2016 for students and borrowers “to file complaints...more

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