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Department of Education New Guidance

Parker Poe Adams & Bernstein LLP

What K-12 Leaders Need to Know About the Trump Administration's New Executive Order on School Discipline

The U.S. Department of Education (DOE) is developing significant changes to how school discipline is addressed at the federal level. An executive order from President Donald Trump in late April requires the DOE to issue new...more

Miller Nash LLP

The White House Addresses K-12 School Discipline by Executive Order

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As public school districts continue to navigate the relationship between local policies and federal government policy initiatives, they have a new topic to consider arising out of an April 24, 2025, Executive...more

McGuireWoods LLP

Department of Education Issues Guidance on Student Privacy and Parental Rights, Imposes Reporting Requirements for State...

McGuireWoods LLP on

On March 28, 2025, the U.S. Department of Education issued a Dear Colleague Letter addressed to the chief officers of state educational agencies (SEAs) and local educational agencies (LEAs), reminding them that the Family...more

Jenner & Block

Client Alert: Title IX, “Gender Ideology,” and Recent Enforcement Activity: What Higher Education Institutions Need to Know

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Recent executive orders, federal guidance, and enforcement activity have made clear that the Trump Administration plans to interpret and apply Title IX in new and different ways. This includes an understanding of sex as an...more

Foley Hoag LLP - White Collar Law &...

Developments in the DEI Landscape Heading into Trump's Second Month

President Trump’s Executive Orders targeting diversity, equity, and inclusion (“DEI”), discussed in previous client alerts with regard to higher education institutions and business more broadly, have prompted responses from...more

Holland & Knight LLP

U.S. Department of Education Focuses on Misrepresentation by Higher Education, Partners

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In the final days of the Biden Administration, the U.S. Department of Education (ED) announced a number of policy initiatives and enforcement actions related to ED's misrepresentation regulations for institutions of higher...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

Proskauer - Labor Relations Update

NLRB GC Abruzzo Issues Guidance to Academic Institutions Addressing Conflicting Obligations under Labor and Student Privacy Laws

Earlier this week, the National Labor Relations Board General Counsel Jennifer Abruzzo issued Memorandum GC 24-06 seeking to clarify the obligations imposed by the National Labor Relations Act (NLRA) on academic institutions...more

Robinson & Cole LLP

Department of Education Releases Issue Papers to Strengthen Program Integrity and Institutional Quality

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On January 2, 2024, the Department of Education (DOE) released six issue papers that contain a range of proposals to ensure institutions of higher education and federal student aid programs best serve students. The issue...more

BCLP

Department of Education Issues Dear Colleague Letter as Student Protests Continue

BCLP on

Colleges and universities around the country have been dealing with increasingly violent and contentious student protests in recent months.  Many have had to deal with student, parent, faculty, donor, and public criticisms...more

Parker Poe Adams & Bernstein LLP

What K-12 Schools Need to Know About Georgia's New Antisemitism Law and Other Federal Guidance on Religious Harassment

In the past several months, there has been a sharp rise in reports of antisemitic, Islamophobic, and other hate-based incidents at K-12 schools. Reported threats against faith communities, particularly Jewish and Muslim...more

Ballard Spahr LLP

Dept. of Education issues framework for student loan servicer accountability

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The White House signaled last week that, with the resumption of federal student loan payments, federal student loan servicers can expect to face increased scrutiny. The Department of Education issued a “Framework for Student...more

Bricker Graydon LLP

Accommodating Requests From Pregnant and Parenting Students

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With the beginning of a new academic year, many institutions are facing questions from pregnant and parenting students regarding academic adjustments or accommodations due to pregnancy, childbirth, or recovery therefrom....more

Holland & Knight LLP

Departments of Education, Justice Publish Initial Affirmative Action Decision Guidance

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As it promised in June, the Biden Administration published much-anticipated federal guidance on higher education admissions on Aug. 14, 2023. The U.S. Department of Education's Office for Civil Rights (ED) and U.S. Department...more

Pillsbury Winthrop Shaw Pittman LLP

Biden Administration Issues Guidance to Universities on Implementing Supreme Court Affirmative Action Ruling

A Department of Education letter and Q&A document outlines lawful ways for universities to promote diverse student bodies. Higher education institutions are urged to “redoubl[e] efforts to recruit and retain” students...more

WilmerHale

Biden Administration Provides Guidance on Advancing Diversity in Higher Education Following the Supreme Courts Decision in...

WilmerHale on

On August 14, 2023, the Biden Administration released its first guidance on how institutions of higher education may lawfully pursue efforts to recruit and admit diverse student bodies in light of the Supreme Court’s recent...more

Bricker Graydon LLP

[Webinar] Post-Students for Fair Admissions Era: Analysis of the Current Climate & Federal Guidance (Higher Education) - August...

Bricker Graydon LLP on

In 1978, the Supreme Court of the United States established the constitutionality of affirmative action programs in higher education institutions. Since then, colleges and universities across the country have found themselves...more

Franczek P.C.

U.S. Department of Education Releases New Guidance Regarding FERPA and Student Health Records

Franczek P.C. on

The United States Department of Education (DOE) recently released two new guidance documents focused on student health records to remind schools of their continued obligations to protect students’ rights under the Family...more

Holland & Knight LLP

U.S. Department of Education Issues New FERPA Guidance on Student Health Records

Holland & Knight LLP on

In an effort to remind school officials of their obligations to protect student privacy, the U.S. Department of Education (ED) has issued guidance on the Family Educational Rights and Privacy Act (FERPA) that focuses on the...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 3, March 2023

Department of Education’s New Guidance on Personal Liability Requirements Leaves Uncertainty for Institutions - On March 1, 2023, the U.S. Department of Education (“DOE”) released guidance related to the instances in which...more

Spilman Thomas & Battle, PLLC

Department of Education’s New Guidance on Personal Liability Requirements Leaves Uncertainty for Institutions

On March 1, 2023, the Department of Education (“DOE”) released guidance related to the instances in which it will require assumption of personal liability for an institution’s continued participation in Title IV programs....more

Holland & Knight LLP

U.S. Department of Education Issues New Guidance on Third-Party Servicers

Holland & Knight LLP on

The U.S. Department of Education (Department) published its newest "Dear Colleague Letter" (DCL ID: GEN-23-03) on Feb. 15, 2023, making sweeping changes to the regulation of agreements between institutions of higher education...more

Franczek P.C.

OCR Releases Fact Sheet on DEI Activities

Franczek P.C. on

n January 31, 2023, the Department of Education’s Office for Civil Rights (“OCR”) released a fact sheet clarifying that diversity, equity, and inclusion (“DEI”) training and similar activities are generally consistent with...more

Franczek P.C.

OCR Releases Revised Case Processing Manual with New Updates to Complaint Process

Franczek P.C. on

On July 18, 2022, the U.S. Department of Education’s Office for Civil Rights (OCR) released its revised Case Processing Manual (CPM), which was last updated in August 2020. The CPM outlines the procedures OCR uses to...more

Franczek P.C.

OCR and OSERS Issue Guidance on IDEA and Section 504 Requirements for Addressing Disability-Based Student Behavior

Franczek P.C. on

On July 19, 2022, the Department of Education’s Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS) released several guidance documents concerning the civil rights of students...more

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