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Preemption › Educational Institutions

Marshall Dennehey

Ohio Law Does Not Conflict with the Individuals with Disabilities in Education Act

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The Ohio Department of Education and Workforce (DEW) oversees Ohio’s implementation of the Individuals with Disabilities in Education Act (IDEA), a federal law that entitles children with disabilities to a free appropriate...more

Kohrman Jackson & Krantz LLP

Discrimination in Education: Do You Have a Title IX claim, a Title VII claim, or Can You Bring Both?

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Title VII of the Civil Rights Act of 1964 (Title VII) and Title IX of the Education Amendments of 1972 (Title IX) both act to prevent discrimination. While Title VII governs employment relationships; Title IX applies in...more

Miles & Stockbridge P.C.

Recent Maryland Court of Appeals Decision Limits Protections for Educators Facing Negligence Claims

Miles & Stockbridge P.C. on

In a recent decision, the Maryland Court of Appeals reversed lower rulings related to federal preemption of state law and Maryland’s educational malpractice doctrine. The ruling could have significant implications for...more

Fisher Phillips

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

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Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

Akin Gump Strauss Hauer & Feld LLP

Vaccination Mandate for Federal Contractors, which Applies in Most Higher Education Settings, Preempts Contrary State Laws for Now

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President Biden’s Executive Order 14042 (EO 14042) requires covered federal contractor employees to be fully vaccinated against COVID-19 by January 18, 2022, if they are not entitled to an accommodation due to disability or...more

Holland & Knight LLP

Massachusetts Enacts Landmark Campus Sexual Violence Law

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Massachusetts Gov. Charlie Baker signed on Jan. 12, 2021, landmark legislation addressing sexual violence on college and university campuses. The new law is the state's version of Title IX, the federal law prohibiting sex...more

Ballard Spahr LLP

Proposed NJ anti-arbitration legislation for school enrollment contracts: an act of futility

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Proposed legislation now working its way through the New Jersey Senate would eliminate the eligibility of postsecondary students and other individuals for State student assistance, training and employment services, including...more

Hogan Lovells

Will 2020 see further regulation of income share agreements?

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Income share agreements (ISAs) continue to draw interest from schools, policymakers, and other stakeholders searching for solutions to the issue of rising student debt. Last summer, we published a primer outlining some of the...more

Seyfarth Shaw LLP

VII Before IX: Continuing Saga in Harassment Claim Preemption

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Seyfarth Synopsis: A recent decision by the U.S. District Court for the Eastern District of Texas, part of the Fifth Circuit Court of Appeals, reaffirmed a growing circuit split regarding whether Title VII of the Civil Rights...more

Burr & Forman

Dodd-Frank News: April 2015: Dodd-Frank Wall Street Reform and Consumer Protection Act Update

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The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance...more

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