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Student Enrollment

Fisher Phillips

Summer Reading for Educational Leaders: Resources to Help You Plan for the 2024-2025 School Year

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As you recover from another whirlwind of a school year, we hope you can take some time to relax and enjoy your summer break. The next few months will be the perfect time to – at your leisure – catch up on this past year’s...more

Fisher Phillips

Appeals Court Hands Medical School a Win in Resident’s Due Process Case: Key Takeaways and 6 Steps You Can Take Now

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An appeals court recently sided with a medical school by holding that it did not violate a medical resident’s due process rights in dismissing her from its residency program. In reaching this decision, the 6th U.S. Circuit...more

Fisher Phillips

5 Tips for Schools to Strengthen Enrollment Contracts from a Litigation Standpoint

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You may feel like the school year just started, but as we near the end of 2023, it’s already time to start preparing for the 2024-2025 school year. With that in mind, we wanted to briefly discuss one of the key documents that...more

Venable LLP

Are College Admissions Offices Minefields for Potential False Claims Act Liability Now?

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By now, the Supreme Court's June 2023 Students for Fair Admissions decision overturning affirmative action precedent, which Venable wrote about here, and has prompted institutions of higher education (IHEs) to review their...more

Hogan Lovells

THIS WEEK: ED hosts listening sessions on bundled services exception to incentive compensation rule

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On March 8 and 9, the U.S. Department of Education (ED) will host virtual listening sessions to receive public comment on the incentive compensation rule. ED will accept written comments through March 16, per the Federal...more

Venable LLP

Is It Enrollment Season Already? Fine-Tuning Your Enrollment Contract for the 2023-2024 School Year

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​​​​​​​The enrollment contract sets the foundation and expectations for the relationship between the school and its community members. As such, it is important to ensure that your enrollment contract is well drafted and...more

Fisher Phillips

A Private School Education is Not a Right: The Role of Cooperation Clauses in Ensuring Parent Civility

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One of the more challenging issues that schools have faced during the pandemic is the increasingly difficult parent. The relationship between schools and their community has not been without controversy over the past two...more

Buchalter

UC Berkeley Student Enrollment Crisis Inspires Legislative Push to Change CEQA Requirements

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On February 15, California’s preeminent institution of higher education, UC Berkeley (“UCB”), began emailing student applicants that UCB may be forced to withdraw admissions offers as a result of a recent California Court of...more

Bass, Berry & Sims PLC

Case Challenging Race-Conscious Admissions at the University of Texas is Dismissed

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On July 26, the U.S. District Court for the Western District of Texas dismissed the latest case filed by Students for Fair Admissions (SFFA) against the University of Texas at Austin, challenging the university’s use of race...more

Fisher Phillips

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

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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

Fisher Phillips

7-Point Action Plan: How Educational Institutions Should Plan For 2021 And Beyond

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There is no doubt that 2020 brought huge challenges for schools. As we near the end of the first semester and plan for the rest of the 2020-2021 school year and beyond, there are some lessons we can learn, some processes to...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

Perkins Coie

Public Universities Must Comply with CEQA when Deciding to Increase Enrollment

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In Save Berkeley’s Neighborhoods v. Regents of the University of California, No. A157551 (June 25, 2020) the court of appeal rejected the University of California’s argument that it need not have prepared a Supplemental EIR...more

Miller Starr Regalia

First District Holds U.C. Berkeley Campus’s Decision To Increase Student Enrollment Above Maximum Projected Level Analyzed In EIR...

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In a partially published opinion filed June 25, 2020, the First District Court of Appeal (Division 5) reversed the trial court’s judgment entered after sustaining a demurrer without leave to amend; it held that a non-profit...more

Franczek P.C.

Key Reminders on Student Enrollment, Discipline, Records, and Special Education During School Closures

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As the issues related to the mandated school closures in response to the COVID-19 crisis continue to rapidly evolve, the Governor extended the closure through April 7, and in all likelihood, Illinois schools will remain...more

Cooley LLP

Blog: California Senate Appropriations Committee Sends Three Postsecondary Bills for Further Action, Shelves Three Others

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After returning from recess on August 12, the California Senate Appropriations Committee took up the package of six remaining higher education bills intended to address concerns about private postsecondary education providers...more

Hogan Lovells

U.S. Department of Education Announces Changes to College Scorecard, Plans for Future Expansion

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In late May the U.S. Department of Education (the “Department”) announced several changes to its College Scorecard, a tool that is intended to help students and their families make informed decisions about post-secondary...more

Carlton Fields

Third Circuit Compels Arbitration Finding that Failure to Carefully Read Arbitration Agreement Does Not Vitiate Assent

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Plaintiff entered into an agreement with Kaplan University (Kaplan) as part of registration for online courses through the university’s website portal. ...more

Ballard Spahr LLP

FTC and Veterans Affairs announce MOA on referrals for deceptive advertising, sales or enrollment practices targeting veterans...

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At the end of last week, the Federal Trade Commission (FTC) and the Department of Veterans Affairs (VA) announced that they have entered into a Memorandum of Agreement (MOA) “to provide mutual assistance in the oversight and...more

Bass, Berry & Sims PLC

Ninth Circuit Holds that Escobar Set Forth Exclusive Conditions for Implied Certification Liability

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On August 24, 2018, the Ninth Circuit addressed the Supreme Court’s decision in Universal Health Services, Inc. v. U.S. ex rel. Escobar, holding that Escobar sets forth the exclusive test for establishing FCA liability under...more

Ward and Smith, P.A.

Domicile for Public School Enrollment Under Joint Custody in NC

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It's back to school season and our social media feeds are flooded with families posting photographs of bright-eyed children holding Pinterest inspired chalkboard signs. But, we would be remiss to not have a conversation...more

Carlton Fields

Professional Services Exclusion Precludes Coverage for False Claims Act Suit

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It is not unusual for a directors and officers liability policy to have an exclusion for professional services. A such, a question often arises regarding whether the claimed wrongful conduct involved the rendering or failure...more

Ballard Spahr LLP

NY bars use of mandatory arbitration agreements by career training schools

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The New York Education Department (NYED) has issued a ruling which states that the Bureau of Proprietary School Supervision (BPSS) will not permit an enrollment agreement, including an arbitration clause, to infringe on the...more

Hogan Lovells

Pursue Innovation or Maintain Eligibility? A Unique Faculty Model Could Cost an Institution $713 Million and its Future...

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Instructor. Regular. Substantive. Those three words, as defined by the U.S. Department of Education (“ED”) Office of Inspector General (“OIG”), resulted in OIG’s recent recommendation that Western Governors University (“WGU”)...more

Dickinson Wright

Education Newsletter: Volume 1, Number 2

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House Bill 2078 (signed April 17, 2017) - This bill restructures post-secondary credit system for high school students. Unlike dual enrollment programs, a student enrolled in concurrent coursework will attend regular...more

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