News & Analysis as of

Department of Education Regulatory Oversight

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

Dickinson Wright

Title IX Update

Dickinson Wright on

It is now spring, and if you are an educational entity, it is now the season to begin preparations for summer professional development for the upcoming school year. So you may be wondering: 1) What is going on with Title IX?...more

Pullman & Comley - School Law

Preparing For the Amended Title IX Regulations:  What To Do Now

Educational institutions are anxiously awaiting the U.S. Department of Education’s issuance of the amended final Title IX regulations.  The deadline for releasing the new regulations has been pushed back several times...more

Saul Ewing LLP

ED Expands Oversight of Higher Education Service Providers

Saul Ewing LLP on

On February 15, 2023 (updated February 16, 2023), the United States Department of Education (“ED,” or the “Department”) released a Dear Colleague Letter[1](the “DCL”) regarding the “Requirements and Responsibilities for...more

Steptoe & Johnson PLLC

OCR Publishes Additional Interpretation Regarding 2020 Title IX Amendments

Steptoe & Johnson PLLC on

An interpretive “Questions and Answers” directive (Q&A) related to amendments made to Title IX regulations in 2020 has been published by the Office for Civil Rights (OCR) of the U.S. Department of Education. This...more

Franczek P.C.

What Comes Next? Title IX Under a Biden Presidency

Franczek P.C. on

As a Presidential candidate, Joe Biden promised that, if elected, he would put a “quick end” to the Trump administration’s 2020 Title IX rule on sexual harassment. Now, Biden is the projected winner of the 2020 Presidential...more

Cozen O'Connor

The Race for the White House 2020: State AG Responses to a Trump or Biden Victory

Cozen O'Connor on

President Trump and former Vice President Biden have laid out sharply contrasting visions for the future of the country in their 2020 race for the White House. The winner’s vision and agenda will impact virtually every facet...more

Bricker Graydon LLP

Department of Education strips Clery Handbook guidance, issues short Appendix rooted in statutory and regulatory language

Bricker Graydon LLP on

On October 9, 2020, the Department of Education (Department) issued notice that it rescinded the 2016 Handbook for Campus Safety and Security Reporting (Clery Handbook), the Department’s guidance document interpreting the...more

Akerman LLP

DOE Issues Final Rule Amending Federal Title IX Regulations

Akerman LLP on

On May 6, 2020, the Department of Education (DOE) released the long-awaited Final Rule amending the federal Title IX regulations and cementing the Trump administration’s stamp in addressing sexual harassment in K-12 and...more

Franczek P.C.

They’re Finally Here: U.S. Department of Education Issues Title IX Regulations

Franczek P.C. on

After almost one-and-a-half years since issuing its original proposed rule, the U.S. Department of Education has issued final Title IX regulations effective August 14, 2020. Although analyzing the changes will take some time,...more

Franczek P.C.

Garbage In, Garbage Out: ED Department Takes Aim at K-12 Schools “Passing the Trash”

Franczek P.C. on

The confusing messages coming from the U.S. Department of Education continue. We still await more information on if/when a final version of the pending Title IX regulations will be released....more

Franczek P.C.

Should You OPEN Your Institution’s Doors to OCR: New Civil Rights Office Raises Questions

Franczek P.C. on

The U.S. Department of Education has created a “new, proactive” civil rights compliance center within its Office for Civil Rights. The Department describes the Outreach, Prevention, Education and Non-discrimination, or OPEN,...more

Ballard Spahr LLP

CFPB and Dept. of Education enter into new MOU on handling complaints; Director Kraninger tells lawmakers negotiations are...

Ballard Spahr LLP on

Last Monday, the CFPB announced that it had entered into a new Memorandum of Understanding with the Department of Education to replace the MOU that was terminated by the ED effective October 1, 2017.  The new MOU, which is...more

Troutman Pepper

Updates for the New Year at Pennsylvania Colleges and Universities

Troutman Pepper on

As institutions of higher education begin their spring 2020 semester, they should be aware of  several Pennsylvania-specific developments regarding sexual misconduct and child abuse. ...more

Franczek P.C.

What Schools Can Do To Address Suspect Guardianship Orders in Financial Aid Decisions

Franczek P.C. on

A recent Department of Education inquiry regarding transfers of guardianship of college-aged students in Illinois is making news across the country. The Department’s Office of the Inspector General is looking into the...more

Hogan Lovells

U.S. Department of Education Announces Changes to College Scorecard, Plans for Future Expansion

Hogan Lovells on

In late May the U.S. Department of Education (the “Department”) announced several changes to its College Scorecard, a tool that is intended to help students and their families make informed decisions about post-secondary...more

Ballard Spahr LLP

CFPB relationship with Dept. of Education discussed in Kraninger letter on student loan servicer supervision

Ballard Spahr LLP on

In a letter sent to Senator Elizabeth Warren regarding the CFPB’s supervision of student loan servicers, CFPB Director Kathy Kraninger discussed the Bureau’s relationship with the Department of Education....more

Nelson Mullins Riley & Scarborough LLP

Gold Dome Report - March 2019 #11

Although adjournment Sine Die remains two weeks away, the end felt nearer under the Gold Dome today. As legislators and lobbyists shook out the cobwebs from St. Patrick’s Day weekend, end-of-session strategizing filled the...more

Ballard Spahr LLP

Student Loan Advocacy Group Pushes Department of Education to Increase Oversight of For-Profit Colleges and Contractors

Ballard Spahr LLP on

The Student Borrower Protection Center (SBPC)—an organization established by former CFPB Student Loan Ombudsman Seth Frotman—recently published an article examining the Department of Education’s oversight of “lead...more

Franczek P.C.

Three Things to Know About ED’s New Focus on Restraint and Seclusion

Franczek P.C. on

Most changes we’ve seen from the U.S. Department of Education (Department) these past two-and-a-half years have dealt with sex, gender, race, color, and national origin—not disability—and most have reduced federal oversight,...more

Hogan Lovells

Public comment on Department of Education's proposed Title IX rules due January 30

Hogan Lovells on

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

Stinson LLP

Department of Education Proposes New Title IX Regulations Governing Sexual Harassment and Assault

Stinson LLP on

On November 16, 2018, the U.S. Department of Education proposed a new rule under Title IX, the 1972 federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities that receive...more

Ballard Spahr LLP

Department of Education Proposes Significant Changes to Title IX Regulations

Ballard Spahr LLP on

Last week, the U.S. Department of Education released a proposed rule to amend the regulations implementing Title IX of the Education Amendments of 1972 (Title IX)....more

Ballard Spahr LLP

Court hears argument in association’s attempt to block Dept. of Education “borrower defense” rule from taking effect on Oct. 12

Ballard Spahr LLP on

Earlier this week, Judge Randolph D. Moss of the D.C. federal district court heard oral argument on the renewed motion for a preliminary injunction filed by the California Association of Private Postsecondary Schools (CAPPS)...more

Franczek P.C.

Draft Proposed Title IX Regulations Hint at Significant Changes

Franczek P.C. on

The U.S. Department of Education (“DOE”) is expected to release proposed regulations related to Title IX shortly. While the proposed regulations have not been officially released, a leaked draft indicates significant changes...more

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