News & Analysis as of

Rulemaking Process Department of Education

Cozen O'Connor

Republican AGs Counter Latest Student Loan Repayment Relief Efforts

Cozen O'Connor on

A group of 23 Republican AGs, led by Missouri AG Andrew Bailey and Kansas AG Kris Kobach, wrote a letter to the Secretary of the U.S. Department of Education (ED) expressing opposition to the ED’s Proposed Rule which would...more

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

Different School of Thought, Part II: New Title IX Regulations Blocked in Ten States

On June 17, 2024, the U.S. District Court for the Eastern District of Kentucky granted a preliminary injunction staying enforcement of the U.S. Department of Education’s new Title IX regulations....more

Tucker Arensberg, P.C.

Commonwealth Court Overturns PDE Regulation Requiring FAPE Until Special Education Students Turn 22 Years Old

Tucker Arensberg, P.C. on

On May 16, 2024, the Pennsylvania Commonwealth Court overturned a Pennsylvania Department of Education (“PDE”) regulation stating special education students are entitled to a free and appropriate public education until the...more

TNG Consulting

Title IX Regs Watch: Do We All Need to Learn How to Pronounce Sine Die?

TNG Consulting on

If you’re a Latin pedant, you’ll want to use the traditional ‘see-nay de-ay,’ but the common American English pronunciation used in legislative machinations is ‘sigh-neh dye.’ Perhaps it ought to be “sign or die” to be more...more

TNG Consulting

OCR Revised the Title IX Regulations Final Rule Publication Date to March 2024… Is That Date Realistic?

TNG Consulting on

[Revised and updated from my previous blog post in August]. As you know, the Department of Education is empowered to craft regulations to fulfill Congress’ mandate for sex equity under Title IX. The Department (ED),...more

Jenner & Block

Client Alert: Key Takeaways from the New Proposed Rulemaking on Transgender Student Athletic Participation

Jenner & Block on

Earlier this month, the Department of Education released an “Athletics Notice of Proposed Rulemaking,” which would prohibit federal funding recipients from categorically excluding transgender students from the athletics teams...more

Foley & Lardner LLP

AI Regulation: Where do China, the EU, and the U.S. Stand Today?

Foley & Lardner LLP on

Artificial Intelligence (AI) systems are poised to drastically alter the way businesses and governments operate on a global scale, with significant changes already under way. This technology has manifested itself in multiple...more

Harris Beach Murtha PLLC

Proposed Regulations Issued Last Month by United States Department of Education Would Require Schools to Significantly Update...

In celebration of the 50th anniversary of Title IX, the U.S. Department of Education released for public comment on June 23, 2022 proposed changes to the Title IX regulations applicable to elementary and secondary schools, as...more

Pillsbury Winthrop Shaw Pittman LLP

Department of Education Proposes New Regulations Under Title IX

The Department of Education has proposed new regulations overhauling Trump-era rules governing how schools must respond to sex-based discrimination. The proposed rules expand the definitions of sex discrimination,...more

Pullman & Comley - School Law

U.S. Department of Education Issues Proposed Revisions to the Title IX Regulations Regarding Sexual Harassment

On the 50th anniversary of Title IX, the U.S. Department of Education released draft revisions to Title IX’s regulations.  The draft regulations and supporting commentary are approximately 700 pages long and will take some...more

Hogan Lovells

Department of Education embarks on negotiated rulemaking

Hogan Lovells on

On October 4, 2021, the U.S. Department of Education (ED) commenced the first of five negotiated rulemaking sessions. The five sessions are focused on the federal student financial aid programs authorized under Title IV of...more

Fisher Phillips

Title IX – Will Everything Old Be New Again?

Fisher Phillips on

[Warning: This article does not reference viruses, vaccines, or mask-wearing.] The education world is in a state of flux, legally speaking. Any day now, the U.S. Supreme Court will further opine on the extent to which the...more

Littler

Court Denies Preliminary Injunction of Title IX Effective Date

Littler on

On June 4, 2020, the Commonwealth of Pennsylvania, along with 17 other states, filed suit against the United States and Betsy DeVos, in her official capacity as Secretary of Education, to prevent implementation of the Title...more

Ballard Spahr LLP

State AGs sue Dept. of Education to invalidate 2019 “Institutional Accountability Regulations” allowing use of pre-dispute...

Ballard Spahr LLP on

A group of 22 state attorneys general joined by the District of Columbia AG filed a lawsuit in a California federal district court against Secretary of Education Betsy DeVos and the U.S. Department of Education (ED) seeking...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

Ballard Spahr LLP

Dept. of Ed close to releasing proposal that would facilitate income share agreement programs at selected Title IV schools

Ballard Spahr LLP on

My colleagues and I have the privilege of advising numerous clients on income share agreements (ISAs), including universities, service providers, and institutional investors. So we were excited by reports that the U.S....more

Franczek P.C.

Title IX Lessons from DOE Report Finding Clery Act Violations at UNC

Franczek P.C. on

The Title IX world is abuzz with expectation about the release of regulations from the U.S. Department of Education’s Office for Civil Rights. The general consensus is that even if the Department makes some changes based on...more

Hogan Lovells

Settled for now: ED publishes final state authorization rules

Hogan Lovells on

On 1 November the U.S. Department of Education (ED) published a final rule that addresses topics related to two prongs of the regulatory triad: accreditation and state authorization. In this alert, we address certain aspects...more

Holland & Knight LLP

New Regulations Change the Rules for Federal Student Loans

Holland & Knight LLP on

Culminating two years of negotiated rulemaking, the U.S. Department of Education (the Department) published on Aug. 30, 2019, new "Institutional Accountability" regulations that apply to all federal student loans disbursed...more

Hogan Lovells

U.S. Department of Education finalizes "borrower defense to repayment" rules effective 1 July 2020

Hogan Lovells on

On 23 September 2019 the U.S. Department of Education (ED) published final regulations concerning, among other things, "borrower defense to repayment" claims for federal student loans first disbursed on or after 1 July 2020,...more

Ballard Spahr LLP

DOE Changes Student Borrower Defense Rules

Ballard Spahr LLP on

The U.S. Department of Education (DOE) released final regulations for student borrower defense-to-repayment claims on August 30, 2019. The regulations create a number of notable changes, including permitting education...more

Hogan Lovells

U.S. Department of Education and state of California attempt to reach accord to restore Title IV eligibility to California...

Hogan Lovells on

As widely reported in the news and as discussed in our recent webinar, on 22 July 2019 the U.S. Department of Education (ED) notified institutions that, as a result of the U.S. District Court ruling in NEA v. DeVos, ED's 2016...more

Hogan Lovells

Gainful employment whiplash: 2014 regulations rescinded

Hogan Lovells on

Although in the past few weeks the U.S. Department of Education (ED) had encouraged institutions to prepare for additional compliance requirements related to gainful employment (GE) that were scheduled to take effect on...more

Hogan Lovells

U.S. Department of Education provides additional, albeit limited, guidance on implementation of 2016 "borrower defense to...

Hogan Lovells on

On 3 June 2019 the U.S. Department of Education (ED) published a two-page Questions and Answers (Q&A) document to provide additional guidance to colleges and universities about aspects of the final regulations often referred...more

Ballard Spahr LLP

Department of Defense Proposes Data Sharing Arrangement with Department of Education to Identify Service Members Eligible for 0%...

Ballard Spahr LLP on

A Federal Register entry published last week details a proposed data-sharing arrangement between the Department of Defense (DoD) and the Department of Education (DoE) designed to reduce the amount of interest that certain...more

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