News & Analysis as of

Students

CAS Legal Mailbag Question of the Week – January, 2018

by Shipman & Goodwin LLP on

Dear Legal Mailbag: As a middle school principal, I run a tight ship, and I expect that the students in my school will be respectful in their interactions with me and all the other staff members. I was infuriated,...more

Collection of ITT student debt barred in class action settlement

by Ballard Spahr LLP on

The saga of ITT Educational Services, Inc. appears to be drawing closer to an end, with ITT’s bankruptcy trustee and attorneys for former ITT students entering into a proposed class action settlement that would permanently...more

DOL Rejects Obama-Era “Intern” Test

With college classes resuming soon, many employers will be welcoming interns to the workplace. Employers must be careful in determining whether unpaid interns are properly classified under the Fair Labor Standards Act...more

Virtual Reality in Healthcare

by Knobbe Martens on

Virtual reality is not just a growing trend in the entertainment industry, but is now reaching the healthcare field. As the technology improves and develops, the uses of virtual reality expand for doctors, students, and...more

ML Strategies 2018 Outlook: Education

While education issues are expected to be major priorities in Congress throughout 2018, Congressional leadership left town last year still unable to come to an agreement on the funding of Cost Sharing Reductions (CSRs) and...more

CFPB releases report on college credit card agreements

by Ballard Spahr LLP on

The CFPB released its sixth annual report to Congress on college credit card agreements.  The annual report is mandated by the CARD Act. ...more

A New Year and New Final Standards For Expulsions and Alternative Education

The Connecticut State Department of Education this morning adopted new standards for expulsions and alternative education. As we discussed back in September, pursuant to Public Act 17-220 the State Department of Education was...more

Between Scylla and Charybdis: the reasonable accommodation dilemma

by Kirton McConkie PC on

DISABILITY DISCRIMINATION - In Greek mythology, two sea monsters—Scylla and Charybdis—lived on opposite sides of the Strait of Messina between Italy and Sicily. The monsters were located in such proximity to each other...more

See You In Court! - January 2018

by Shipman & Goodwin LLP on

Mr. Superintendent was hoping that the first meeting of the Nutmeg Board of Education after the holidays would be uneventful, maybe even boring. It was not to be. During Public Comment, Peter Parent gave an impassioned speech...more

Ninth Circuit Finds Beauty School Students Were Not Employees

by Fox Rothschild LLP on

There have been a great many intern cases recently, cases testing whether interns crossed the line into being statutory employees and therefore covered by the FLSA. I have blogged about these kinds of cases and have...more

Tax Reform Changes to Healthcare

by Holland & Knight LLP on

Following a final vote in the U.S. House of Representatives on Wednesday morning, Dec. 20, 2017, Congress sent the Tax Cuts and Jobs Act (H.R. 1) to President Donald Trump's desk. In addition to extensive revisions to the tax...more

Ninth Circuit Adopts Primary Beneficiary Test to Determine Whether Vocational Students Are “Employees” Under the Fair Labor...

by Payne & Fears on

In a case of first impression in the Ninth Circuit, Benjamin v. B&H Education, No. 15-17147 (9th Cir. December 19, 2017), the Ninth Circuit Court of Appeals adopted the “primary beneficiary test” to determine whether...more

It’s Cut And Dry: Ninth Circuit Adopts “Primary Beneficiary” Analysis, Concludes Cosmetology And Hair Design Students Were...

by Jackson Lewis P.C. on

Former students at a cosmetology and hair design school with locations in California and Nevada were interns and not employees entitled to wages under the FLSA or state law, the Ninth Circuit has held. Benjamin v. B&H...more

Tax Reform: Modifications to the Conference Committee’s Bill

by McGuireWoods LLP on

On Dec. 19, the Senate parliamentarian ruled that three provisions in the Tax Cuts and Jobs Act violated Senate procedure. These provisions, which were subsequently removed, related to the use of 529 savings accounts for...more

End of Year Deadline is Fast Approaching for Potable Water Testing in Illinois Schools

by Clark Hill PLC on

In Illinois, all school buildings constructed prior to January 1, 1987, must have every drinking water source tested for lead prior to December 31, 2017. (225 ILCS 320/29). A school building is defined as any building (or...more

Illinois’ Invest in Kids Tax Credit

by McDermott Will & Emery on

Overview- Illinois’ July 2017 Revenue Bill for the 2018 fiscal year included the Invest in Kids Act (Act), which creates a new program, effective January 1, 2018, that provides up to $75 million in income tax credits for...more

The 2018 Virginia General Assembly Session Hasn’t Begun, but Legislation on Student Privacy and Credit Freeze Charges is Already...

by McGuireWoods LLP on

As previously written about in this blog, student privacy figured prominently in a few campaigns for the Virginia House of Delegates this past Fall. A progressive special interest group utilized Virginia’s Freedom of...more

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

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