News & Analysis as of June 3, 2025

Educational Institutions

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Department of Education’s February 14 Dear Colleague Letter on Title VI and Equal Protection: Overview, Open Issues, and...

Saul Ewing LLP on 2/24/2025

INTRODUCTION - On February 14, 2025, the Acting Assistant Secretary for Civil Rights (the “Assistant Secretary”) at the United States Department of Education (the “Department”) circulated a Dear Colleague Letter (the “DCL”)...more

Supreme Court to Hear Case on Legal Standard for Cases Brought by Students with Disabilities

Husch Blackwell LLP on 2/20/2025

The Supreme Court of the United States granted certiorari on January 17, 2025, in A.J.T. by and through A.T. v. Osseo Area Schools, Indep. Sch. Dist. No. 279, 96 F.4th 1058 (8th Cir. 2024), cert. granted sub nom. A.J.T. v....more

Ban on Transgender Women From Female Sports Is Challenged in Court

Skadden, Arps, Slate, Meagher & Flom LLP on 2/18/2025

On February 5, 2025, President Donald Trump signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which aims to prohibit transgender women and girls from participating in female sports across all educational...more

Ohio Senate Bill 206 Seeks to Expand School Discipline for Conduct on Social Media

Kohrman Jackson & Krantz LLP on 1/17/2025

Ohio Senate Bill 206, (SB 206) introduced in 2024, calls for students who post threatening content on social media to be punished with expulsion from school for up to 180 days. The bill defines the proposed prohibited conduct...more

Title IX's Final Rule Enforceability Still in Flux

Venable LLP on 9/13/2024

Not long ago we wrote about the significant changes to Title IX's regulations in the Department of Education's final rule set to go into effect this year (the Final Rule). Primary and secondary schools and institutions of...more

CLIENT ALERT: Biden Administration Releases Long-Awaited Title IX Regulations

Kohrman Jackson & Krantz LLP on 4/22/2024

On April 19, 2024, the Biden Administration released its long-awaited overhaul of the Title IX regulations governing investigations of alleged sexual misconduct and sex discrimination in federally-funded education programs....more

Client Alert: The Supreme Court Declines to Weigh in on Dispute over Campus Speech Policies

Jenner & Block on 3/8/2024

On March 4, 2024, the Supreme Court vacated the Fourth Circuit Court of Appeals’ judgment in a case challenging Virginia Tech’s bias intervention and response team policy, instructing the court to dismiss the case as moot. ...more

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on 12/4/2023

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Admissions After Affirmative Action: What’s Next in Higher Ed

Woods Rogers on 7/21/2023

In a landmark decision on June 29, 2023, the US Supreme Court ended decades of precedent by putting an end to affirmative action in university and college admissions. The public, prospective students, and especially higher...more

Supreme Court Ends Use of Race as a Factor in College Admissions

Bass, Berry & Sims PLC on 7/5/2023

In a much-anticipated decision, the Supreme Court last week ended the use of race as a factor in college admissions, effectively overturning its precedent in Grutter v. Bollinger. In a vote of 6-3, the Court held that the...more

SCOTUS Effectively Ends Affirmative Action for College Admissions: What This Decision Might Mean for Workplace Diversity Programs

Morrison & Foerster LLP on 7/3/2023

As anticipated, the U.S. Supreme Court’s decision in the two companion cases brought by the Students for Fair Admissions, Inc. (SFFA) against Harvard University (Harvard) and the University of North Carolina (UNC) ended...more

The End of Affirmative Action?

McGlinchey Stafford on 7/3/2023

The Supreme Court’s decision was rendered in a pair of cases brought by a group called Students for Fair Admissions (SFFA) challenging the admissions policies of Harvard and the University of North Carolina. SFFA argued that...more

U.S. Supreme Court Holds Use of Race In Admissions By College, University Is Unconstitutional

Jackson Lewis P.C. on 6/30/2023

The use of race in admissions by Harvard College and the University of North Carolina (UNC) is unconstitutional, the U.S. Supreme Court has held in a decision written by Chief Justice John Roberts. Students for Fair...more

After High Court’s Affirmative Action Rulings, Schools Must Review Admissions Policies

Fox Rothschild LLP on 6/30/2023

The pair of highly anticipated affirmative action decisions handed down by the U.S. Supreme Court this week will immediately affect admissions policies at institutions of higher education across the nation. Any institution...more

SCOTUS Strikes Down Affirmative Action

Warner Norcross + Judd on 6/30/2023

Today, in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the United States Supreme Court declared that race-based college admissions systems, otherwise known as affirmative action, are...more

Supreme Court Decides Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair...

Faegre Drinker Biddle & Reath LLP on 6/30/2023

On June 29, 2023, the U.S. Supreme Court decided Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199, and Students for Fair Admissions, Inc. v. University of North Carolina et al., No....more

Auditing Restricted Use Scholarship and Program Funds: Preparing for the Supreme Court Affirmative Action Rulings

Partridge Snow & Hahn LLP on 6/8/2023

As the Supreme Court prepares to rule on two landmark affirmative action cases (Students for Fair Admissions Inc. v. President and Fellows of Harvard College and Students for Fair Admissions Inc. v. University of North...more

U.S. Supreme Court Decides Perez v. Sturgis Public Schools

Dickinson Wright on 3/27/2023

The United States Supreme Court issued a decision in Perez v. Sturgis Public Schools, No. 21-887, opening the door for future claims against schools for compensatory monetary damages. In its unanimous opinion, the Supreme...more

U.S. Supreme Court Rules That IDEA Exhaustion Requirements Do Not Preclude Money Damages Under The ADA

Franczek P.C. on 3/24/2023

The U.S. Supreme Court unanimously ruled in favor of a deaf student in Perez v. Sturgis Public Schools, 143 S. Ct. 81 (U.S. 2022), where the Court held that the Individuals with Disabilities Education Act (“IDEA”) exhaustion...more

SCOTUS: Public School Children with Disabilities Can Get Compensatory Damages

Miller Canfield on 3/23/2023

Can public school children with disabilities sue their schools for violations of the federal antidiscrimination statutes and collect compensatory damages before exhausting their administrative remedies under the Individuals...more

School District’s Discipline of Students for Off-Campus Speech Affirmed by Ninth Circuit Court of Appeals

Franczek P.C. on 1/18/2023

A recent Ninth Circuit Court of Appeals decision held that school officials did not violate students’ First Amendment rights when disciplining them for off-campus social media posts that amounted to severe harassment...more

How Will the Supreme Court’s Review of Two Affirmative Action Cases Affect Employers?

Littler on 11/4/2022

On October 31, 2022, the Supreme Court of the United States (SCOTUS) heard oral arguments for two controversial affirmative action cases against Harvard University and the University of North Carolina (UNC). While the legal...more

Supreme Court Hears Oral Argument in Challenge to Harvard and UNC Race-Conscious Admission Programs

Morgan Lewis on 11/2/2022

The US Supreme Court on October 31 debated the legality of race-conscious admission programs used by Harvard University and the University of North Carolina. The decisions in these highly watched cases could have broad...more

California Private Employers Who Engage in Diversity Efforts Should Be Paying Attention to UNC and Harvard Affirmative Action...

CDF Labor Law LLP on 10/27/2022

In ten days, on October 31, 2022, the United States Supreme Court will hear oral arguments in two very important affirmative action education cases. In Students for Fair Admissions v. Harvard College (Harvard), the plaintiffs...more

SFFA v. UNC and SFFA v. Harvard: Navigating the Impact Across All Industries

Jenner & Block on 10/26/2022

On October 31, the Supreme Court will hear oral argument in Students for Fair Admissions Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, in which the...more

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