News & Analysis as of

Students

Title IX: Fair Campus, Foul Weather

With Education Secretary Betsey Devos much in the news over possible changes to the Dear Colleague letter promulgated by the DOE’s Office of Civil Rights, this note by me and my Lightfoot colleagues Brandon Essig and Clint...more

Federal Agencies Respond to Concerns About Student Privacy

by McGuireWoods LLP on

The Federal Trade Commission (FTC) and U.S. Department of Education (ED) increasingly are responding to concerns about educational technology and its ability to capture and manipulate massive quantities of private student and...more

High Times? Medical Marijuana In The Classroom

by Fisher Phillips on

Medical marijuana first became legal in the U.S. more than 20 years ago when, in 1996, California passed its groundbreaking law. Since then, an increasing number of states have passed their own laws to allow the legal use of...more

Cybersecurity lapses could cost Title IV eligibility for higher ed

by Thompson Coburn LLP on

Data security breaches are an unfortunate reality for almost all businesses in today’s information-driven marketplace. From Target, to Home Depot, to Equifax, data breaches are increasingly common and potentially devastating...more

Senators Introduce Bill To Increase Transparency in Costs and Outcomes of Higher Education

by King & Spalding on

On November 29, 2017, Senators Ron Wyden (D-OR), Marco Rubio (R-FL), and Mark Warner (D-VA) introduced the “Student Right to Know Before You Go Act,” which would give prospective college students and their families more...more

Understanding And Surviving The Modern Campus Protest Movement

by Fisher Phillips on

Each day we witness various factions in our society establishing a stronger platform from which to launch their voices. It seems what used to be taboo or met with disapproval has now become acceptable speech deserving of a...more

R v Jarvis: Is There a Reasonable Expectation of Privacy in Schools?

by Field Law on

In R v Jarvis, the Ontario Court of Appeal recently discussed the existence of a reasonable expectation of privacy in a school environment....more

Blog: Reauthorizing the Higher Education Act: After 60 Years, Looking at What Still Works – Or Not

by Cooley LLP on

The Higher Education Act (HEA), the foundation law for the financing of American higher education, was enacted in 1965, when telephones still had dials and computers filled large rooms. It last was reauthorized in 2008, when...more

A Reminder of OCR Guidance Regarding Students With ADHD

by Tucker Arensberg, P.C. on

School Districts should keep in mind last year’s guidance from the U.S. Department of Education Office of Civil Rights (OCR) that students with attention deficit/hyperactivity disorder (ADHD) are entitled to equal educational...more

Higher Education, International Students, Trump, and Tuition

College and university officials throughout the nation are closely monitoring the Trump Administration’s immigration policies, often taking stands against significant changes and shifts, such as the Administration’s 2017...more

ISBE Issues Guidance on Homeless Dispute Resolution Procedures

by Franczek Radelet P.C. on

The Illinois State Board of Education (“ISBE”) recently issued guidance addressing Homeless Dispute Resolution Procedures. This newly released document is intended to “bring clarity, fairness and consistency” to the dispute...more

Lousy Internship Experience Does Not Convert It Into Paid Work

In recent years, a number of companies have faced lawsuits from unpaid interns who claim that they should have been compensated for their work. The Department of Labor considers internships to be subject to federal minimum...more

Defence & Indemnity - October 2017: II. LIABILITY ISSUES A.

by Field Law on

II. LIABILITY ISSUES - A. The Master allowed a claim for a sports injury to be amended to add breach of fiduciary duty as a cause of action in the teacher-student situation, and held that while sports participants are...more

The rising sun of HEA reauthorization

by Thompson Coburn LLP on

Behind the scenes of the turmoil in Washington this year, congressional staff have been hard at work on the next iteration of the Higher Education Act. At long last, the curtain-raising for HEA reauthorization is expected...more

The elements of Title IX liability in Feminist Majority Foundation V. University of Mary Washington and K.T.V. Culver-Stockton...

Two recent federal court cases delineate the requisite elements of a Title IX deliberate indifference claim brought by students against educational entities. In Feminist Majority Foundation v. University of Mary Washington,...more

CAS Legal Mailbag Question of the Week – November, 2017

by Shipman & Goodwin LLP on

Dear Legal Mailbag: My brother-in-law is a first-shift foreman at our local Skippy Peanut Butter factory, and he has offered to make the factory available for field trips for our middle school students. I think that he and...more

Illinois Student Loan Bill of Rights Becomes Law

by Hinshaw & Culbertson LLP on

On November 8, 2017, the Illinois House of Representatives voted 98-16 to override Governor Bruce Rauner's veto of the Illinois Student Loan Bill of Rights. The IL student loan bill provides for the licensing of student loan...more

More Federal School Guidance Documents Come off the Ledger

by Barley Snyder on

The federal government has wiped away a host of special education guidance documents created over the past 30 years that it deemed antiquated....more

DOE Rescinds Guidance Documents Related to Idea and Rehabilitation Act

by Franczek Radelet P.C. on

On February 24, 2017, President Trump signed Executive Order 13777. This order required Federal agencies to evaluate their existing regulations and make recommendations to the agency head regarding their repeal, replacement,...more

CAS Legal Mailbag Question of the Week - October, 2017 #4

by Shipman & Goodwin LLP on

Dear Legal Mailbag: A few weeks ago, I received a phone call from an outside therapist who is seeing one of my students who refuses to come to school. I did not have a release to speak to this individual but, without...more

The Politics of Access to Student Data

by McGuireWoods LLP on

Combine several hotly contested elections for state office, traditional voter registration and mobilization tactics, a progressive special interest group and the use of an existing law to gain access to tens of thousands of...more

As Recent Title IX Legislative Efforts Meet Resistance, Litigation Will Likely Increase

• California Gov. Jerry Brown vetoed the state legislature’s attempt to codify previously issued Title IX guidance. • A similar bill, introduced this month in the U.S. House of Representatives, has not yet received the...more

Protecting Student Data: Student Privacy Requirements and Guidelines for Post-Secondary Institutions

by Reed Smith on

Technology plays an increasingly important role in the learning experience for students from kindergartners through college and beyond. It also improves the student interaction with learning materials and provides educators...more

U.S. Department of Education Revises Guidance Concerning Campus Sexual Misconduct

by FordHarrison on

Title IX of the Education Amendments of 1972 (Title IX) and its corresponding regulations prohibit sex discrimination in education programs or activities conducted by educational institutions that receive federal financial...more

Department of Education Rescinds Obama-era Title IX Guidance Document

by Hogan Lovells on

On September 22, the U.S. Department of Education Office for Civil Rights issued a Dear Colleague Letter withdrawing the statements of policy and guidance reflected in two key documents about Title IX and sexual violence...more

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