News & Analysis as of

Educational Institutions

Miller Nash LLP

Ninth Circuit Court of Appeals Weighs in on Washington School District Employee’s First Amendment Free Speech Protections

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A middle school assistant principal was demoted to a teaching position after his Facebook post containing slurs and violent language relating to the Democratic National Convention. The Ninth Circuit Court of Appeals held that...more

Schilling Law LLC

The Jack Reid Law: Five Best Practices for New York Private Schools To Navigate Reports of Bullying and Harassment

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Following a recent change to New York law, New York City’s independent schools are now required to adopt policies and procedures to protect students from bullying, both on and off-campus.  On October 23, 2025, Governor Hochul...more

Bond Schoeneck & King PLLC

U.S. Department of Labor Clarifies How to Track an Employee’s FMLA Leave Use During a School Closure of Less Than One Week

On Jan. 5, 2026, the U.S. Department of Labor issued an opinion letter clarifying how schools must track an employee’s Family and Medical Leave Act (FMLA) utilization during school closures of less than one week....more

Kohrman Jackson & Krantz LLP

Institutional Interests in Title IX Hearings: How “Neutral” Processes Are Shaped in Practice

Title IX hearings are designed to balance fairness, safety, and compliance within highly regulated institutional environments. Colleges and universities emphasize neutrality, impartiality, and defined procedures and process...more

Foley Hoag LLP - White Collar Law &...

Congressional Investigations: Year in Preview and What to Expect in 2026

This is the fifth installment in our 2026 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next...more

TNG Consulting

Building a Sustainable Title IX Budget from the Ground Up

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Establishing a new campus-based Office for Civil Rights or Title IX office can feel like building the plane while flying it. When you’re the inaugural coordinator with no preexisting budget, it can be daunting to determine...more

Butler Snow LLP

NIL After House: What Name, Image, and Likeness Means for Colleges and Higher-Education Institutions in 2026

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The legal and compliance landscape for name, image, and likeness (NIL) rights in college sports has changed dramatically over the last two years....more

TNG Consulting

Navigating Social Media Awareness, Threats, and Response in K-12 Settings

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In K-12 environments, social media is a central hub of student life, where friendships grow, information spreads, and risks can emerge. The digital world mirrors the school community, and what happens online rarely stays...more

Bond Schoeneck & King PLLC

New York’s New AI Guardrails on AI Generated Performers and Postmortem Digital Replicas: What Institutions of Higher Education...

New York has enacted two significant AI-related laws aimed at “protecting consumers and boosting AI transparency” as part of the state’s AI regulatory agenda at the very moment the federal government is asserting a contrary,...more

Hogan Lovells

U.S. Department of Education to establish AIM Committee on accreditation and institutional oversight

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On January 26, 2026, the U.S. Department of Education (ED) confirmed in a press release that it intends to establish an Accreditation, Innovation, and Modernization (AIM) negotiated rulemaking committee to advance President...more

TNG Consulting

Collaborating for Student Success: Title IX and Behavioral Intervention Teams

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The Behavioral Intervention Team (BIT) and the Title IX team are two campus-based teams that sit at the intersection of safety and support, often serving the same students and employees in different ways. Although each team’s...more

Spilman Thomas & Battle, PLLC

Ohio’s New Education Law - Is It Strengthening or Weakening Higher Education in the State?

Senate Bill 1, the Ohio Higher Education Enhancement Act (HEEA), was signed into law on March 28, 2025 and went into effect June 26, 2025, impacting public universities and colleges throughout the state. Ohio schools have...more

Saul Ewing LLP

The U.S. Department of Education Agrees to Dismiss Dear Colleague Letter Appeal: What This Means for Your Campus

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On January 21, 2026, the United States Department of Education ("ED" or the "Department") stipulated to the dismissal of its appeal in American Federation of Teachers, et al v. U.S. Department of Education, which had been...more

Fisher Phillips

Trump Administration Proposes Removal of Nursing From “Professional Degree” Definition: What Higher Ed and Healthcare Employers...

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The Department of Education is in the process of proposing a new definition of “professional degree” for federal student loan purposes that does not include nursing degrees, a development that could have a dramatic impact on...more

Eversheds Sutherland (US) LLP

Film Room: Jersey Patch Proposal Approved

Last week, the NCAA Division I Cabinet approved a proposal permitting commercial logos on uniforms, equipment and apparel. In this week’s Film Room, we identify key considerations for institutions aiming to maximize...more

Clark Hill PLC

Non-Renewal of Michigan School Administrator Contracts - January 2026

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The deadlines are approaching for non-renewal of public school administrative contracts. Administrator contracts are governed by Section 1229 of the Michigan Revised School Code, MCL 380.1229, which contains two crucial...more

Loeb & Loeb LLP

U.S. Department of Education Signals Shift on Entity-Owner Co-Signature Requirements, but Leaves Some Questions Open

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On January 16, 2026, the U.S. Department of Education issued new guidance (Electronic Announcement (GEN) 26-04) explaining that it will limit its enforcement of the regulatory provision that requires controlling entities to...more

Chambliss, Bahner & Stophel, P.C.

Dyslexia Screenings in Early Education

Many students in the United States struggle with reading, and a significant percentage may have dyslexia, a learning disability affecting reading and related language skills. Early identification of dyslexia through...more

McGuireWoods LLP

Trademark Management in College Sports: What Higher Education Institutions Need to Know

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College and university athletics have never been more commercially visible or more legally complex. From nationally televised games and conference realignment to the rise of name, image and likeness (NIL) opportunities,...more

Miller Canfield

TRIO SSS Funding: Feb. 1 Deadline for Schools to Seek Relief

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On January 16, 2026, the U.S. District Court for the District of Columbia issued a preliminary injunction in Council for Opportunity in Education v. U.S. Department of Education, finding the U.S. Department of Education (the...more

Husch Blackwell LLP

Federal Indictments Highlight Heightened Sports Wagering Risks for Colleges and Universities

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Late last week, federal authorities announced charges against 26 individuals, including more than 15 former NCAA Division I men’s basketball student‑athletes, for participating in what prosecutors describe as an...more

Akerman LLP

The Department of Justice’s Final Rule Eliminates Liability for Disparate Impact Discrimination Under Title VI

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On December 10, 2025, the Department of Justice (DOJ) issued a Final Rule rescinding portions of its Title VI regulations to conform more closely with the statutory text and to implement Executive Order 14281. In summary, the...more

Potomac Law Group, PLLC

Navigating Education DEI Programs After Trump Administration Withdraws Appeal

The Trump Administration has withdrawn its appeal in a lawsuit challenging the Department of Education’s efforts to curtail diversity, equity, and inclusion (DEI) programs in school districts and colleges throughout the...more

Thompson Coburn LLP

Higher Education Litigation Summary: January 2026

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We are pleased to share the new 2026 edition of Thompson Coburn’s Higher Education Litigation Summary, your resource for timely legal updates on key rulings and ongoing cases shaping the higher education sector. ...more

Perkins Coie

DOL Clarifies FMLA Leave Calculation for School Employees During Short-Term Closures

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On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division (DOL) issued Opinion Letter FMLA2026-1, providing important guidance on how short-term school closures, such as snow days, affect a school employee’s...more

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