News & Analysis as of

Educational Institutions

More New Tax Legislation

by Bryan Cave on

While the Bipartisan Budget Act of 2018 (the “Act’) focused on spending and the budget, it did include two provisions impacting charities. First, the Act amends the recently adopted Section 4968(b)(1), which now imposes a...more

New Tax Bulletin Will Change the Tax Landscape for Many Foreign Universities in China

by Hogan Lovells on

As U.S. colleges and universities rapidly internationalize, it's unsurprising that institutions are increasingly entering the Asian market, especially in China where the student demand for international programs is especially...more

Court Certifies Class In Duke-UNC No-Hire Workplace Antitrust Lawsuit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On February 1, 2018, the U.S. District Court for the Middle District of North Carolina entered an order granting in part, and denying in part, the plaintiff’s motion for class certification in a no-hire...more

White House Releases Fiscal Year 2019 Budget (Plus an Infrastructure Proposal)

Fiscal Year 2019 Budget - The White House has unveiled President Trump’s budget proposal for Fiscal Year 2019, entitled Efficient, Effective, Accountable: An American Budget. The Administration has worked for...more

Education Department Toughens Tone on Cyber and Threatens to Pull Funding for Non-Compliance

Recently-issued guidance from the U.S. Department of Education (ED) threatens to “yank” Title IV funding for post-secondary institutions lacking appropriate data security safeguards....more

Iowa Statehouse Report - Week 5

by Davis Brown Law Firm on

It was a shortened legislative week with legislators staying in their districts to participate and attend their local caucuses on Monday. As a result, while bills were introduced on Monday, there were no subcommittee meetings...more

China Has a #MeToo Moment, But Still Lacks Anti-Harassment Enforcement

The #MeToo movement may have spread to China, but the legal landscape still does not provide significant protections to potential victims. On January 1, 2018, a former doctoral student at Beijing’s Beihang University, Luo...more

Data Privacy + Cybersecurity Insider - February 2018

by Robinson & Cole LLP on

Allscripts Healthcare Solutions Inc. notified its electronic medical record customers last week that a ransomware attack was behind the disruption of service for medical providers. Please see full Publication below for...more

[Webinar] Borrower Defense Rule: Negotiated Rulemaking Session 3 - February 21st, 12:00pm CT

by Thompson Coburn LLP on

On November 13, 2017, the U.S Department of Education began the process of overhauling a complex and controversial Obama-era regulation commonly referred to as the “borrower defense” rule. Thompson Coburn Partner Aaron...more

Worth Another Look – Schools That Teach

Over the last three budgets, Gov. Wolf has adopted the themes of “schools that teach, jobs that pay and government that works.” Though not using those exact phrases today, in his fourth budget address, Wolf proposed a $32.9...more

Are Graduate-Students Assistants Employees Under The NLRA? The Answer Of The Obama Board Will Not Be The Final Word

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A 2016 decision of the National Labor Relations Board (“Board”) finding that the graduate students at Columbia University were employees under the National Labor Relations Act (“NLRA”) has been teed up for...more

West Virginia Legislative Brief: 2/2/2018

by Steptoe & Johnson PLLC on

Legislative Action by the Numbers: 912 bills introduced in the House 463 bills introduced in the Senate 29 bills have passed the House 43 bills have passed the Senate 1 bill has completed legislative action and been signed...more

A (Secondary) Education in Data Security

On January 18, 2018, the New York State Education Department (“NYSED”) announced that one of its vendors, Questar Assessment, experienced a data breach resulting in the unauthorized disclosure of personal information from...more

Governor Baker Files FY2019 Budget

On Wednesday, January 24, 2018, Governor Charlie Baker released a $40.9 billion budget proposal for FY2019. The plan, commonly referred to as House 2, is the fourth Baker has proposed since assuming office and increases...more

Update on Conflicts of Interest Act: Deadline Looming for Post-Secondary Institutions

by Field Law on

As we outlined in an earlier article, the Alberta Legislature recently introduced Bill 27: the Conflicts of Interest Amendment Act. This Act, which is now in force, expands the reach of the Conflicts of Interest Act to all...more

Tenth Circuit Leaves Unresolved When Off-Campus Social Media Posts Can Subject Students to Discipline

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Court of Appeals for the Tenth Circuit’s recent opinion in Yeasin v. Durham, No. 16-3367, 2018 WL 300553 (10th Cir. Jan. 5, 2018), addresses the “tension between some students’ free-speech rights...more

Blog: Another New Gainful Employment Disclosure Template, With Some Unexpected Changes

by Cooley LLP on

The Department of Education announces changes to the Gainful Employment Disclosure Template. Disclosure Template Deadline and Updates - In its Electronic Announcement, ED set April 6, 2018 as the new deadline for...more

Reverse Gender Discrimination Under Title IX

by K&L Gates LLP on

Issues of student sexual misconduct on university campuses continue to be of great concern for universities nationwide. Even when a university has implemented thoughtfully constructed grievance procedures it may have to...more

E-Rate Fraud in Crosshairs Following Charter School Indictment

by Kelley Drye & Warren LLP on

E-Rate fraud is back in the spotlight following the indictment of a Dallas charter school CEO and the owner of a contracting company for an alleged kickback scheme resulting in over $300,000 in illegal subsidies. Federal...more

The End of a Long Road: The Connecticut Supreme Court Dismisses the Appeal of the CCJEF Plaintiffs

by Shipman & Goodwin LLP on

Because we conclude that the trial court was correct in its initial determination that the plaintiffs failed to establish that the state’s educational offerings are not minimally adequate under article eighth, § 1, and in its...more

Gainful employment: Alternate earnings appeals due February 1

by Thompson Coburn LLP on

Higher education institutions that dispute their debt-to-earnings rates as calculated by the U.S. Department of Education must submit any alternate earnings appeals no later than Thursday, February 1, 2018. In its Gainful...more

Vietnamese higher education: Opportunities and challenges for foreign institutions

by Hogan Lovells on

The emerging education market in Vietnam is attracting interest from foreign higher education institutions and investors. Increasing disposable income, rapid urbanization, and rising living standards are driving local demand...more

U.S. Department of Education Publishes List of Schools Under Civil Rights Investigation

by Hogan Lovells on

Last week, the U.S. Department of Education (“ED”) published on its website a list of “pending cases currently under investigation” by its Office for Civil Rights (“OCR”). Previously, OCR had released a list of higher...more

DOL Adopts More Flexible Test for Classifying Interns

by Womble Bond Dickinson on

The Department of Labor (“DOL”) announced its adoption of a new test on January 5, 2018, for determining whether interns are employees under the Fair Labor Standards Act (“FLSA”). In recent years, many for-profit employers...more

Tax Act: New Laws Affecting Tax-Exempt Organizations

by WilmerHale on

The Tax Act contains a number of provisions that significantly affect tax-exempt organizations, in some cases to degrees not seen in decades. In addition, several provisions may indirectly affect tax-exempts, for example, by...more

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