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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

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

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

Parker Poe Adams & Bernstein LLP

Not (Just) in Kansas Anymore: Latest Title IX Preliminary Injunction Impacts Schools Nationwide

On July 2, a district court in Kansas joined ranks with other courts across the country in granting a preliminary injunction blocking implementation or enforcement of the 2024 Title IX final rule. ...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 6, June 2024

Welcome to the sixth issue of The Academic Advisor – our e-newsletter focused on education law insights. For this mid-summer edition, we take a deeper look at the newest developments regarding the 2024 amendments to...more

Brooks Pierce

U.S. Department of Education Unveils a New Landscape for Addressing Sex Discrimination in Schools

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On April 19, 2024, the U.S. Department of Education released its final changes to the Title IX regulations. The new rules will go into effect on August 1, 2024. “Title IX” refers to Title IX of the Education Amendments of...more

Tucker Arensberg, P.C.

Confidentiality Provision of Educator Discipline Act Ruled Unconstitutional

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Pennsylvania’s Educator Discipline Act governs educator misconduct complaints filed with the Department of Education for investigation and, if warranted, discipline. 24 Pa. Stat. Ann. § 2070.9. Once a misconduct complaint is...more

Foley Hoag LLP - Security, Privacy and the...

NY State Education Department Bans Facial Recognition Technology

In late September, the NY State Education Department issued a two-page order providing that NY public schools may not purchase or utilize facial recognition technology. The Department relied on a report issued by the NY...more

Fisher Phillips

Here’s How the Highly Anticipated Changes to Title IX Could Affect Colleges, Universities, and Public K-12 Schools

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The Department of Education (DOE) is expected to issue two major amendments to Title IX regulations next month that could cause headaches for educational institutions with classes already in full swing. One rule will address...more

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

Seventh Circuit Revives Teacher’s Religious Discrimination Case Over Transgender Students’ Names and Pronouns

On July 31, 2023, the Seventh Circuit Court of Appeals revived a Christian teacher’s religious discrimination lawsuit over his refusal to refer to transgender students by their names and pronouns with which they identified. ...more

Parker Poe Adams & Bernstein LLP

Delay of Title IX Regulations Raises Thorny Questions for Schools

Colleges, universities, and public K-12 schools have been waiting with bated breath for the U.S. Department of Education to finalize its new Title IX regulations, which dictate how sex discrimination and harassment are...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

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

Franczek P.C.

OCR Releases Proposed Rule Updating Title IX on Student Eligibility for Athletics

Franczek P.C. on

On April 6, the Department of Education Office for Civil Rights (OCR) released its much-anticipated proposed Title IX rule on the eligibility of students for participation in athletic programs based on their gender identity....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

Franczek P.C.

OCR Announces Resolution Agreement with L.A. Schools over Remote-Learning Related Services to Students with IEPs and 504 Plans

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The U.S. Department of Education’s Office for Civil Rights (“OCR”) recently announced a resolution agreement with  the Los Angeles Unified School District largely addressing issues related to OCR’s finding that the District...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

Steptoe & Johnson PLLC

Department of Education Offers Recommendations on School Openings

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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

Baker Donelson

COVID-19 Relief: New Funding Available for Schools

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COVID-19 relief is on the way to schools. On March 17, 2021, the Department of Education announced each state's allocation of American Rescue Plan (ARP) Elementary and Secondary School Emergency Relief (ESSER) funds. Though...more

Pillsbury Winthrop Shaw Pittman LLP

Newest COVID-19 Stimulus Bill Provides Further Relief in Education Space

The Consolidated Appropriations Act, 2021 includes nearly $23 billion in funding to institutions of higher education. Appropriates approximately $81.9 billion for education, including nearly $23 billion to institutions of...more

Fox Rothschild LLP

Which Privacy Protections Apply? HIPAA, FERPA And COVID-19

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A recent conversation with a colleague in California prompted me to write this. He said that as part of its back-to-school plan, his children’s elementary school district “highly encouraged” that all students be tested for...more

Franczek P.C.

OCR Q&A Addresses Title IX, K-12 Schools, and COVID-19

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On September 28, 2020, the U.S. Department of Education’s Office for Civil Rights released new technical assistance for elementary and secondary schools concerning COVID-19. The document, Questions and Answers for K-12 Public...more

Clark Hill PLC

California Federal Court Joins Washington Federal Court in Halting the U.S. Department of Education’s Rule on Distributing...

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On August 26, 2020, the United States District Court for the Northern District of California followed the United States District Court for the Western District of Washington at Seattle and temporarily halted the enforcement...more

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