The Court’s decision leaves in place injunctions barring ED from enforcing the new regulations in over 20 states and against nearly 700 institutions of higher education.
The Education Department (ED) released new Title IX...more
8/22/2024
/ Administrative Procedure Act ,
Department of Education ,
Employee Training ,
Enforcement ,
Gender Identity ,
New Rules ,
Preliminary Injunctions ,
Retaliation ,
SCOTUS ,
Sex Discrimination ,
Sexual Harassment ,
Stays ,
Title IX
The New Rules expand the scope of Title IX and change requirements for schools.
The New Rules expand the definitions of sex-based harassment and hostile environment harassment and cover certain off-campus conduct....more
Based on First Amendment concerns, the Eleventh Circuit has blocked enforcement of provisions in Florida’s Stop WOKE Act that would restrict mandatory trainings endorsing DEI concepts.
The Second Circuit has rejected a...more
Region 1 of the National Labor Relations Board (NLRB) found that student-athletes on the Dartmouth College men’s basketball team are “employees” within the meaning of the National Labor Relations Act (NLRA) and directed a...more
The rules impose new extensive reporting requirements on postsecondary institutions and could cause 1,700 programs to lose Title IV eligibility as early as 2026.
The Education Department will begin collecting information...more
10/25/2023
/ Department of Education ,
Eligibility ,
Fees ,
Gainful Employment ,
Grants ,
New Regulations ,
New Rules ,
Reporting Requirements ,
Student Loans ,
Title IV ,
Transparency ,
Tuition ,
Universities
An en banc panel held that a reasonable jury could find that the University of Arizona had control over the “context” of alleged sexual harassment that occurred in off-campus housing.
A university can be held liable under...more
A Department of Education letter and Q&A document outlines lawful ways for universities to promote diverse student bodies.
Higher education institutions are urged to “redoubl[e] efforts to recruit and retain” students...more
8/21/2023
/ Affirmative Action ,
Biden Administration ,
Civil Rights Act ,
College Admissions ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Financial Aid ,
Fourteenth Amendment ,
NASA ,
New Guidance ,
OCR ,
OFCCP ,
Scholarships ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI
The regulations would terminate access to federal financial aid for certain programs and increase transparency across all postsecondary programs.
The proposed “gainful employment rule” would limit a postsecondary...more
While the Court did not explicitly overrule prior precedent, it significantly constrains schools’ ability to consider race in admissions.
The Supreme Court ruled that the race-conscious admissions programs at Harvard and...more
On June 30, 2023, the Supreme Court held that the Secretary of Education did not have the authority to implement the Biden Administration’s student loan forgiveness plan (“Biden Plan”). The decision will cancel the...more
Schools are developing strategies now for maintaining campus diversity if the Supreme Court bars consideration of race in admissions.
Many experts believe that the Supreme Court will hold that Harvard and UNC’s...more
By holding that emotional distress damages are not recoverable under certain antidiscrimination statutes, including Title IX, the Supreme Court has limited the liability of schools facing federal discrimination...more
The Department of Education has proposed new regulations overhauling Trump-era rules governing how schools must respond to sex-based discrimination.
The proposed rules expand the definitions of sex discrimination,...more
The new infrastructure law includes key opportunities for institutions of higher education, including through new grant programs and opportunities to partner on research and pilot projects.
Rural institutions of higher...more
Mahanoy Area Sch. Dist. v. B.L. holds that the First Amendment barred a public high school from taking disciplinary action against a student for vulgar speech that took place outside of school hours and away from the school’s...more
The American Rescue Plan Act of 2021 adds funding and new programs for institutions of higher education.
Appropriates approximately $170 billion for education, including more than $122 billion for elementary and secondary...more
3/18/2021
/ American Rescue Plan Act of 2021 ,
CARES Act ,
Colleges ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Department of Education ,
ESEA ,
Graduate Medical Education ,
Higher Education Act ,
IDEA ,
Mental Health ,
Public Schools ,
Relief Measures ,
Student Loans ,
Substance Abuse ,
Universities
The Consolidated Appropriations Act, 2021 includes nearly $23 billion in funding to institutions of higher education.
Appropriates approximately $81.9 billion for education, including nearly $23 billion to institutions of...more
1/12/2021
/ Broadband ,
CARES Act ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Department of Education ,
Education Stabilization Fund (ESF) ,
Educational Institutions ,
FAFSA ,
Financial Stimulus ,
Historically Black Colleges and Universities (HBCU) ,
Loan Forgiveness ,
Public Schools
Like many businesses, colleges and universities across the country have had to dramatically alter their operations in response to the coronavirus pandemic. Most students completed the spring 2020 semester through online...more
District Courts in New York and the District of Columbia have denied motions to enjoin the August 14 effective date for new Title IX regulations for college campuses.
The U.S. Department of Education rule establishing...more
Institutions of Higher Education (IHEs) should carefully review state and federal guidelines to enhance safety on campus and reduce potential liability.
Several states have issued mandatory rules for IHEs intending to...more
Schools should carefully review the terms of the certification ED requires before accessing funds.
The U.S. Department of Education (ED) has made available funds for institutions of higher education (IHEs) to use for...more
The Department of Education releases amount of CARES Act funding each institution will receive.
The Department of Education (ED) has released the amount of federal funds each institution of higher education (IHE) will...more
Newly enacted COVID-19 legislation includes $14 billion in emergency appropriations for higher education and other relief measures.
“Education Stabilization Fund” appropriates more than $14 billion to institutions of...more