News & Analysis as of

Department of Education New Guidance Educational Institutions

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

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

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

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

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

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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

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

Franczek P.C.

New OSERS Guidance on Reopening, Compensatory Services

Franczek P.C. on

The U.S. Department of Education, Office of Special Education and Rehabilitative Services (OSERS) published a Question and Answer document to advise school districts on returning to in-person instruction. The OSERS Q&A...more

Holland & Knight LLP

Education Department Ceases Enforcement of "Arbitrary and Capricious" Exclusionary Rule

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By a bulletin and letter issued on Aug. 24, 2021, the Biden Administration's U.S. Department of Education announced that it was ceasing enforcement of a highly controversial exclusion of evidence rule that was included in the...more

Nelson Mullins Riley & Scarborough LLP

US DOE Issues New IDEA Guidance on COVID-19, Child Find, and FAPE

The U.S. Department of Education (DOE) released new guidance on Aug. 24 related to school districts’ child find obligations during the pandemic as well as ongoing responsibilities to provide students with disabilities a Free...more

Bricker Graydon LLP

OCR provides further guidance on Massachusetts court decision (VRLC)

Bricker Graydon LLP on

In a publication posted last week, we told you about a recent decision from the United States District of Massachusetts, Victim Rights Law Center, et al. v. Cardona, and the potential impact this decision might have on your...more

Franczek P.C.

Department of Education Releases COVID-19 Handbook for Higher Education

Franczek P.C. on

The U.S. Department of Education recently released Volume 3 of its COVID-19 Handbook, which provides higher education institutions with strategies for reopening for in-person instruction and implementing the most recent CDC...more

Steptoe & Johnson PLLC

Department of Education Issues New Guidance on Use of ARP Funds

Steptoe & Johnson PLLC on

The U.S. Department of Education issued additional guidance to colleges and universities on May 11 regarding the appropriate use of funds allocated to institutions as part of the American Rescue Plan (“ARP”). The additional...more

Harris Beach Murtha PLLC

NYSED Calls for Students with Disabilities Who Have Turned 21 to Return to School During 2021-2022 Year

During the 2019-2020 and 2020-2021 school years, the Board of Regents and New York State Education Department (NYSED) temporarily modified the requirements for all students, including students with disabilities, to earn high...more

Steptoe & Johnson PLLC

Department of Education Offers Recommendations on School Openings

Steptoe & Johnson PLLC on

As a part of the efforts aimed at supporting the return to in-person learning across the country, the U.S. Department of Education (“Dept. of Ed.”) released a document containing new recommendations for educational...more

Steptoe & Johnson PLLC

Department of Education Begins Review of Title IX Regulations

The U.S. Department of Education outlined a detailed process for the immediate and comprehensive review of all regulations and guidance implementing and interpreting protections afforded by Title IX, in an announcement...more

Bass, Berry & Sims PLC

Department of Education Provides Timeline for Guidance on Title IX: What Can Institutions Expect to Come Next?

On April 6, the Department of Education Office for Civil Rights (OCR) sent a letter to stakeholders indicating how it intends to provide guidance on the implementation of Title IX of the Education Amendments of 1972 (Title...more

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