News & Analysis as of

Students

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

New Title IX Guidance: Steps To Take Now

by Holland & Knight LLP on

• The U.S. Department of Education rescinded two major Office for Civil Rights guidance documents interpreting the application of Title IX to reports of sexual misconduct. • Secretary of Education Betsy DeVos stated that...more

Department of Education Rescinds Obama-Era Title IX Guidance Documents, Introduces New Q&A on Campus Sexual Misconduct

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

Private Hospital Collaborating with State College Not “State Actor” for Section 1983 Purposes When Dismissing Trainee

by Holland & Knight LLP on

Private hospitals commonly associate with public entities in running a variety of programs. These collaborations raise the question in civil rights litigation of whether and when the private hospital is a state actor. Under...more

U.S. Department of Education Office of Civil Rights’ jurisdiction in Title IX cases

The Issue - The Office of Civil Rights’ (OCR) jurisdiction is broad. If an institution receives federal funds, to include student financial aid and grants, it is subject to Title IX and OCR’s authority. The most public, and...more

CAS Legal Mailbag Question of the Week – October, 2017

by Shipman & Goodwin LLP on

Dear Legal Mailbag: It is bad enough that I can’t watch my beloved NFL games without being confronted with political protests. Now, as the assistant principal in a high school, I am getting panicky emails from teachers and...more

New Timeline for Responding to Student Records Requests

by Franczek Radelet P.C. on

Governor Rauner recently signed into law changes to the Illinois School Student Records Act. The changes in P.A. 100-532 create new procedures for responding to parents’ requests to inspect or copy their child’s permanent and...more

See You In Court! – October 2017

by Shipman & Goodwin LLP on

It didn’t take long. School started in Nutmeg just a month ago, and already Ms. Superintendent was calling the members of the Board of Education to schedule an expulsion hearing. “This is a good one,” she told veteran Board...more

Suicide Prevention in Schools - New Law Requires Schools to Adopt Suicide Prevention Policies, BB&K Attorney Dorothy McLaughlin...

by Best Best & Krieger LLP on

Suicide is among the top ten leading causes of death in the United States. For those in high stress industries, such as attorneys, the topic of suicide is an evolving, uncomfortable conversation that has led to a more open...more

NLRB Achieves Republican Majority

Over the past few months, we have written about President Trump’s efforts to fill the two vacant seats on the National Labor Relations Board (“NLRB”) with William Emmanuel, a management-side labor attorney in private...more

Doe v. Brown University: Non-Students and the Limits of Title IX Liability

In a case that raises a number of interesting questions, a federal judge in Rhode Island recently held that a student at one school could not bring a Title IX action against another school following her sexual assault by some...more

OCR Withdraws Obama-Era Title IX Guidance

by Ballard Spahr LLP on

On September 22, 2017, the U.S. Department of Education's Office for Civil Rights (OCR) issued a "Dear Colleague Letter" that withdrew two key Title IX documents issued during the Obama administration—a Dear Colleague Letter...more

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