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School Closures Educational Institutions

Bowditch & Dewey

Ongoing Battle Between Students and Universities Over Pandemic-era Campus Closures

Bowditch & Dewey on

Since the COVID-19 pandemic began, hundreds of lawsuits (many styled as class actions) have been filed by college and university students seeking tuition and fee refunds due to campus closures during the Spring 2020 semester....more

Holland & Knight LLP

New Law Immunizes Massachusetts Colleges, Universities from Spring 2020 Tuition Refund Claims

Holland & Knight LLP on

Massachusetts colleges and universities received some good news recently as Gov. Maura Healey signed a bill that limits their liability for certain tuition and fee refund claims arising from the COVID-19 pandemic....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

Franczek P.C.

Remote Learning Redux

Franczek P.C. on

Last week, ISBE published long-awaited guidance related to remote learning for the 2021-2022 school year. We have been anticipating this guidance since early in the summer when ISBE announced that school would, with limited...more

Franczek P.C.

New ISBE/IDPH Guidance Supports Reducing Social Distancing for In-Person Instruction

Franczek P.C. on

It is hard to believe that it has been nine months since the Illinois State Board of Education and Illinois Department of Public Health issued their Part 3 – Transition Joint Guidance, “Starting the 2020-2021 School Year.”...more

Manatt, Phelps & Phillips, LLP

California Leaders Reach Deal to Reopen Schools - CA Health and Government COVID-19 Guidance: Week in Review

On Monday, March 1, 2021, California Governor Gavin Newsom announced an agreement on a $6.6 billion budget package aimed to “accelerate the safe return to in-person instruction across California and empower schools to...more

Franczek P.C.

Two Cases Illustrate Themes of Successful Higher Education Institutions in Breach of Contract Claims for Remote Instruction

Franczek P.C. on

Due to the COVID-19 pandemic, many higher education institutions transitioned to remote instruction, causing students to attend classes online, move out of dorms, and forego the traditional college experience....more

Seyfarth Shaw LLP

2020 May Be Over, But Litigation Regarding The Pandemic And Private Party Rights Is Not

Seyfarth Shaw LLP on

As we enter the New Year, the end is not yet in sight for litigation related to COVID-19. Five recent decisions, summarized below, highlight the still developing legal implications of the pandemic on private party rights as...more

Fisher Phillips

Show Me The Money! Is Your Enrollment Contract Enforceable Against A Tuition Refund Demand?

Fisher Phillips on

2020 has been a tumultuous year, but it has taught us to better prepare for the future and how to better enable schools to maintain their operations in the face of these unprecedented challenges. As schools faced shutdown...more

Seyfarth Shaw LLP

New Decisions Give Further Guidance on Frustration of Purpose, Impossibility, and Related Doctrines

Seyfarth Shaw LLP on

As discussed in previous updates, courts across the country continue to grapple with the application of the legal doctrines of impossibility, frustration of purpose, and impracticability in breach of contract actions...more

Pullman & Comley - School Law

What to Do and When to Do It: The Latest Guidance for Connecticut’s Schools on COVID-19 and Switching Away From (or to) In-Person...

To the shock of no one, the guidance concerning the use of in-person, “hybrid” and remote learning models in the Connecticut schools during the ongoing COVID-19 pandemic continues to evolve.  This is not completely...more

Franczek P.C.

IDPH and CDC Update Guidance on School Exclusions and Close Contacts

Franczek P.C. on

The Illinois Department of Public Health (IDPH) has again updated its COVID-19 Interim Exclusion Guidance as well as its general Interim Guidance for Pre-K-12 Schools. The updated guidance documents include several revisions,...more

Franczek P.C.

After Franczek Request, ISBE Emergency Rule Alleviates Staffing Pressure

Franczek P.C. on

Our Franczek team received many inquiries about staffing options for classrooms where the teacher of record is teaching remotely. While many districts are staffing these classrooms with licensed paraprofessionals, the...more

Rumberger | Kirk

Social Unrest, COVID-19 and School-Required Masks: What Could Possibly Go Wrong? | RumbergerKirk

Rumberger | Kirk on

With public schools back in session, there is a new must-have accessory for students: masks. Outside of school, many have used this highly visible accessory to express personal beliefs, some of which are controversial. ...more

Franczek P.C.

What Are Hearing Officers Saying about Remote Learning?

Franczek P.C. on

Now that many of us have been doing some form of remote learning for close to 7 months, we are starting to see hearing officers and state agencies weigh in to resolve complaints related to the appropriateness of remote...more

Franczek P.C.

IDPH Updates FAQ and Exclusion Guidance for COVID-19 Cases in Schools

Franczek P.C. on

The Illinois Department of Public Health (IDPH) updated its COVID-19 FAQ and Exclusion Guidance last week. As we previously reported, the IDPH released Frequently Asked Questions (FAQ) for schools in August to supplement but...more

FordHarrison

Sports Are Back, But Is School? Navigating School Reopening Options with Employee Leave

FordHarrison on

Schools Also Reopening - This diverging approach in our major American sports leagues mirrors in many ways the different approaches school districts across the country are taking with respect to fall reopenings....more

Goodwin

Envisioning the New Normal: Real Estate + Technology: Part 5: Student Housing

Goodwin on

This article is the fifth in a multi-part series examining the impact of the COVID-19 pandemic on select real estate sectors and the considerations around how technologies will shape future operations and accelerate means to...more

Hogan Lovells

Coronavirus: The Hill and the Headlines – COVID-19 D.C. Update – August 2020 #7

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In Washington - The blame game between Democrats and Republicans continues as each side signals they want a deal, but negotiations on a Phase Four coronavirus package remain stalled. POLITICO reports that the White House...more

Pullman & Comley - School Law

Reopening Connecticut’s Schools (Objectively But With Flexibility): The Latest State Guidance

To the shock of no one, both the state and federal governments continue to revise their guidance concerning the reopening of the schools.  On the date (July 24, 2020) that public schools were supposed to file their reopening...more

Pullman & Comley - School Law

Reopening Connecticut Schools: The Latest CDC Guidance (and What’s Next)

Connecticut’s schools have the unenviable task of having to plan for the “reopening” of schools while dealing with ever-shifting (and apparently end-result driven) federal and state guidance.  ...more

Kilpatrick

COVID-19: School Reopening Jujitsu For Employers

Kilpatrick on

A significant challenge for reopening the economy and returning to “normalcy” during the COVID-19 pandemic is addressing whether, when, and how schools and colleges will open this fall. As with the initial shelter-in-place...more

Franczek P.C.

Key Elements of ISBE’s Permanent Rules on Isolated Time Out, Time Out, and Physical Restraint

Franczek P.C. on

Schools planning for students to return to campus in person this fall are confronting many significant challenges, including how to support students who may need physical restraint while also maintaining safe practices to...more

FordHarrison

Lawsuits Against Colleges and Universities for Transitioning from In-Person to Online Classes: The Latest Wave of Covid-19...

FordHarrison on

An Auburn University student claims he did not get what he bargained for in being relegated to distance learning instead of having an in-person educational experience. On June 30, 2020, Steven Bailey filed a federal court...more

Franczek P.C.

Will College Campuses Open Soon? CDC Guidance Offers Considerations

Franczek P.C. on

The Center for Disease Control (“CDC”) recently issued guidance specific to reopening college campuses. Though the CDC did not weigh in on whether institutions should resume in-person classes in the fall, it set forth key...more

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