News & Analysis as of

Department of Education NPRM

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

Biden Administration Proposes Rule to Amend Higher Education Act as Part of Latest Effort to Tackle Student Loan Debt

On April 17, 2024, the Biden administration published a proposed rule that would amend current regulations to allow for certain student loan debts to be waived, potentially providing relief to millions of student loan...more

Husch Blackwell LLP

Anticipating Regulations on Athletics Opportunities Under Title IX: A Look Back at 2023 Guidance from OCR

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In April 2023, the U.S. Department of Education’s (Department) released a notice of proposed rulemaking (NPRM) on Nondiscrimination on the Basis of Sex in Education Programs and Activities Receiving Federal Financial...more

Husch Blackwell LLP

Highlights from the Department’s Notice of Proposed Rulemaking Concerning Athletic Eligibility

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On April 6, 2023, the U.S. Department of Education released a notice of proposed rulemaking (NPRM), which was published in the Federal Register on April 13, 2023, on athletic eligibility under Title IX. The express aim of the...more

Seyfarth Shaw LLP

OCR and DOJ Send A Message to Higher Ed: Make Your Websites Accessible

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A recent “Dear Colleague” letter issued jointly by the U.S. Department of Justice (DOJ) and the Office of Civil Rights of the Department of Education (OCR) places colleges and universities on notice of recent enforcement...more

Holland & Knight LLP

Office of Civil Rights Proposes New Rule on Transgender Student Participation in Athletics

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The U.S. Department of Education's Office for Civil Rights (OCR) published on April 6, 2023, a Notice of Proposed Rulemaking (NPRM) about sex-related criteria used to limit or deny a student's ability to participate in...more

Miles & Stockbridge P.C.

Department of Education Issues Proposed Title IX Amendment Regarding Athlete Eligibility

The federal Department of Education released a notice of proposed rulemaking earlier this month addressing gender identity and participation in athletics. ...more

Bricker Graydon LLP

What you need to know about the Title IX proposed rule on athletic participation & gender identity

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On April 6, 2023, the U.S. Department of Education (the “Department”) released a much anticipated Notice of Proposed Rulemaking titled “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving...more

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

Saul Ewing LLP

The U.S. Department of Education Publishes NPRM Regarding Transgender Student-Athletes; Proposes Framework for Analysis of...

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On April 6, 2023, the United States Department of Education (“ED”) issued a Notice of Proposed Rulemaking (the “NPRM”) related to Title IX of the Education Amendments of 1972 (“Title IX”). The NPRM, entitled...more

BCLP

Department of Education’s New Proposed Rule for Transgender Participation in Athletics

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The participation of transgender athletes in youth, interscholastic, and elite sport has long been a highly charged political issue domestically and internationally, with a vast range of different approaches to regulating...more

Orrick, Herrington & Sutcliffe LLP

States support DOE’s overhaul of IDR plans

On February 13, a coalition of state attorneys general led by California and Massachusetts submitted a letter in support of the Department of Education’s (DOE) proposed changes to income-driven repayment plans (IDR) for...more

Orrick, Herrington & Sutcliffe LLP

Education Dept. releases IDR proposal

On January 10, the Department of Education (DOE) announced a notice of proposed rulemaking (NPRM) to reduce the cost of federal student loan payments. ...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

Holland & Knight LLP

U.S. Department of Education Proposes New Title IX Regulations

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The Biden Administration's Department of Education issued a new Notice of Proposed Rulemaking (NPRM) on June 23, 2022 – the 50th anniversary of the day Title IX was signed into law – intended to overhaul the Trump...more

Bricker Graydon LLP

Public hearings on Title IX raise questions for coming guidance and regulatory changes

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Educational institutions all over the country have been grappling with the nuances of Title IX compliance since the new Title IX regulations were released last summer. With many stakeholders unhappy with the final...more

Saul Ewing LLP

OCR Announces Plan to Conduct Comprehensive Review of Title IX Regulations in Anticipation of Publishing a Notice of Proposed...

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On April 6, 2021, the U.S. Department of Education’s (the “Department”) Office for Civil Rights (“OCR”) provided a roadmap for carrying out President Biden’s recent Executive Order on Guaranteeing an Educational Environment...more

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

Title IX Regulations: Biden Administration Signals Changes Ahead

On March 8, 2021, President Joe Biden signed the “Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity,” making clear his...more

Saul Ewing LLP

Education Department Issues Final Rule Focusing on Free Speech on Campus and Equal Treatment of Faith-Based Institutions

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On September 9, 2020, after receiving more than 17,000 public comments to its notice of proposed rulemaking (the “NPRM”), the United States Department of Education (the “Department”) published the Religious Liberty and Free...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

Miller Canfield

Department of Education Proposes New Rules to Govern Title IX Compliance

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The Department of Education has issued a Notice of Proposed Rule Making to amend the federal regulations governing Title IX compliance. The proposed rules would replace prior guidance and represent a radically different...more

Stinson LLP

Secretary of Education Seeks to Rescind Obama-Era Gainful Employment Regulations

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On August 14, 2018, Secretary of Education Betsy DeVos announced a Notice of Proposed Rulemaking (NPRM) that seeks to rescind the Obama-era Gainful Employment (GE) regulations applicable to for-profit educational...more

Fisher Phillips

Proposed Borrower Defense Rules May Significantly Impact Higher Education Institutions

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The US Department of Education (ED) recently released a significant Notice of Proposed Rulemaking which could impact most institutions of higher education. In a nutshell, the proposed regulations are designed to provide...more

Cooley LLP

Alert: ED Issues Sweeping Proposed Rules on Borrower Defense

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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

Locke Lord LLP

DOE Seeks Comment on Proposed New Copyright Policy for Grantees

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On November 3, 2015, the U.S. Department of Education published a Notice of Proposed Rulemaking (NPRM), which – if adopted – would require grantees of the Department’s “competitive discretionary grant programs” to provide an...more

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