News & Analysis as of

Department of Education

Bond Schoeneck & King PLLC

ED Delays Financial Value Transparency and Gainful Employment Reporting

The U.S. Department of Education (ED) has announced a revised deadline for submitting required data under the Financial Value Transparency and Gainful Employment (FVT/GE) rules. The new deadline for institutions to report and...more

Bricker Graydon LLP

New Resource for the 2024 Title IX Regulations on Pregnancy or Related Conditions and Parental, Family, or Marital Status

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Last week, the Department of Education released a resource* for educational institutions regarding the application of the 2024 Title IX Regulations related to pregnancy or related conditions and parental, family, or marital...more

Bond Schoeneck & King PLLC

U.S. Department of Education Releases Additional Guidance for the 2024 Title IX Regulations

On Sept. 12, 2024, the U.S. Department of Education’s Office for Civil Rights (OCR) released two new resources aimed at helping schools (including colleges and universities) and school administrators comply with the 2024...more

Verrill

Student Loans and Code Section 127 Educational Assistance Programs: A Reminder from the IRS, FAQs, and a Sample Plan Document

Verrill on

On August 28, the IRS issued IR-2024-227, reminding employers of the following key aspects of educational assistance programs under Internal Revenue Code Section 127: -They can be used to help reimburse the costs of or...more

Venable LLP

Title IX's Final Rule Enforceability Still in Flux

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Not long ago we wrote about the significant changes to Title IX's regulations in the Department of Education's final rule set to go into effect this year (the Final Rule). Primary and secondary schools and institutions of...more

Fisher Phillips

Schools Across the Country Face Patchwork of Various Title IX Rules Thanks to Ongoing Litigation: What Schools Need to Know

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Thanks to several court orders and an August Supreme Court ruling, schools across the country face varying Title IX obligations depending on the state in which they operate – and it doesn’t appear that clarity will come...more

Fox Rothschild LLP

Title IX Turbulence: Supreme Court Decision and Kansas Injunction Complicate School Compliance

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This school year is off to a busy start as administrators wrestle with implementation of the new 2024 Title IX regulations. Schools are busy conducting training, making important decisions about policy, and navigating the...more

Kohrman Jackson & Krantz LLP

Ohio CAMPUS Act 2024: New Policies for Addressing Ethnic and Racial Harassment in Higher Education

This summer, the Ohio House of Representatives passed the Campus Accountability and Modernization to Protect University Students (CAMPUS) Act. This law, if enacted, would require institutions of higher education throughout...more

Hogan Lovells

NSF Foreign Financial Disclosure Reports due September 3 for higher education institutions

Hogan Lovells on

The U.S. National Science Foundation (NSF) has implemented new rules requiring institutions of higher education (IHEs) to submit annual reports regarding financial support of $50,000 or more received directly or indirectly...more

Marshall Dennehey

Legal Update for Special Education Law – Updates from the Pennsylvania Department of Education

Marshall Dennehey on

Commonwealth Court voids Pennsylvania Department of Education’s newly imposed Age-Out Plan for failure to implement it in accordance with Pennsylvania Laws.* PSBA, Inc., et al. v. Dr. Khalid N. Mumin, Secretary of Education...more

Whiteford

Employment Law Update: Federal Agencies Suffer Setbacks as Courts Enjoin Non-Compete Ban and Reject Lifting Stay of New Sex...

Whiteford on

In two separate rulings this week, federal agencies were stopped from enforcing new rulemaking that would significantly remake key areas of employment and non-discrimination law. In the first of these cases, Dept of...more

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

Ballard Spahr LLP

Department of Education Faces Major Setback in SAVE Litigation

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In an unsigned order dated August 9, 2024, the U.S. Court of Appeals for the Eighth Circuit signaled its frustration with the U.S. Department’s ongoing efforts to proceed with implementation of its much-debated SAVE repayment...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

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

Franczek P.C.

Chevron Overturned, Federal Agency Deference Over: What Does This Mean for 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

Baker Donelson

August 1 Deadline for Title IX Regulations Has Arrived Amidst Pending Litigation and Continuing Confusion

Baker Donelson on

The Department of Education's 2024 Title IX regulations became effective August 1, 2024, but only in about half of the states. Because of the pending litigation and preliminary injunctions issued by various courts across the...more

Bricker Graydon LLP

Additional Title IX Regulation Injunctions Just Before the Implementation Deadline

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In the days just before the August 1, 2024 implementation deadline, a flurry of judicial activity changed the landscape of new Title IX regulation implementation yet again. ...more

TNG Consulting

Implementation Day Arrived, For Some. What’s Next?

TNG Consulting on

On the morning of August 1, 2024, Title IX experts from TNG Consulting and ATIXA participated in a webinar hosted by the Department of Education (ED) regarding the 2024 Title IX Rule. During the session, U.S. Secretary of...more

Franczek P.C.

Legal Challenges to the 2024 Title IX Regulations – What’s Next for Illinois Schools?

Franczek P.C. on

Schools throughout the country are preparing to implement the U.S. Department of Education Office for Civil Rights’ (“OCR”) long-awaited final 2024 Title IX regulations. These new regulations, which replace the 2020...more

Holland & Knight LLP

Implementation of 2024 Title IX Regulations: What You Need to Know Today

Holland & Knight LLP on

Holland & Knight previously explained how a Kansas federal district court's unique injunction against the U.S. Department of Education's (Department) enforcement of the 2024 Title IX regulations impacted schools nationwide....more

Parker Poe Adams & Bernstein LLP

Ready, Set, Wait: Eleventh Circuit Grants Last-Minute Title IX Injunction in Southeastern States

Less than 24 hours before classroom bells were set to ring in schools across the southeastern United States, the Eleventh Circuit Court of Appeals issued an order administratively blocking the implementation of the 2024 Title...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

Parker Poe Adams & Bernstein LLP

Court's Refusal to Block 2024 Title IX Rule Means Certain Southern School Districts and Colleges Must Meet August 1 Deadline

The start of the school year for many counties in Georgia and K-12 districts across the country is only a few hours away, and the college semester is right around the corner. Another deadline, however, should be front of mind...more

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