July 29, 2024 Welcome to the seventh issue of The Academic Advisor – our e-newsletter focused on education law insights.
In this final summer edition, we look ahead to the new academic year and cover the following...more
7/30/2024
/ Admissions ,
Artificial Intelligence ,
Biden Administration ,
College Athletes ,
Colleges ,
Cyber Threats ,
Cybersecurity ,
Department of Education ,
Educational Institutions ,
Employees ,
Gender Discrimination ,
Gender Identity ,
LGBTQ ,
Machine Learning ,
NCAA ,
Race Discrimination ,
SAVE Act ,
SCOTUS ,
Sex Discrimination ,
Sports ,
Student Athletes ,
Technology ,
Title IX ,
Transgender ,
Universities
Welcome to the sixth issue of The Academic Advisor – our e-newsletter focused on education law insights.
For this mid-summer edition, we take a deeper look at the newest developments regarding the 2024 amendments to...more
7/3/2024
/ Athletes ,
Biden Administration ,
Board of Education ,
Colleges ,
Cybersecurity ,
Department of Education ,
Educational Institutions ,
Employees ,
Federal Student Aid ,
Name and Likeness ,
New Legislation ,
OCR ,
Preliminary Injunctions ,
Proposed Legislation ,
Public Schools ,
Regulatory Agenda ,
Sex Discrimination ,
Title IX ,
Universities
We are pleased to announce that several of the firm’s practice groups and attorneys were recognized in the 2024 edition of Chambers USA, a directory of leading law firms and attorneys. Chambers and Partners annually...more
6/14/2024
/ Antitrust Provisions ,
Artificial Intelligence ,
Broadband ,
China ,
Communications Act of 1934 ,
Construction Industry ,
CRISPR ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Privacy ,
Data Security ,
Department of Health and Human Services (HHS) ,
FCC ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Incident Response Plans ,
Machine Learning ,
OCR ,
OSHA ,
Ransomware ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Sensitive Personal Information ,
Unfair Competition
Welcome to summer and the fifth issue of The Academic Advisor for 2024 -
In this issue, we examine the following topics of import for schools, institutions of higher education, and other education-focused organizations: ...more
6/3/2024
/ American Civil Liberties Union (ACLU) ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Class Action ,
College Athletes ,
Colleges ,
Coronavirus/COVID-19 ,
Cyber Incident Reporting ,
Cybersecurity Information Sharing Act (CISA) ,
Discrimination ,
Educational Institutions ,
FAFSA ,
Hamas ,
Harassment ,
Health and Safety ,
Israel ,
Legislative Agendas ,
LGBTQ ,
NCAA ,
New Legislation ,
Opt-Outs ,
Proposed Legislation ,
Protests ,
Public Schools ,
Settlement ,
State and Local Government ,
Students ,
Universities
Welcome to the fourth issue of The Academic Advisor for 2024.
We begin this edition with discussion of Title IX of the Education Amendments of 1972. On April 19, 2024, the U.S. Department of Education released its...more
5/2/2024
/ Artificial Intelligence ,
Censorship ,
College Athletes ,
Colleges ,
Concealed Weapons ,
Department of Labor (DOL) ,
Educational Institutions ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Governor DeSantis ,
New Regulations ,
Over-Time ,
Pregnant Workers Fairness Act ,
Salary/Wage History ,
School Districts ,
School Sports ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
Students ,
Title IX ,
Title IX Coordinator ,
Training ,
Transgender ,
Universities ,
Virginia ,
West Virginia v BPJ
On April 19, 2024, nearly two years after its July 2022 release of proposed amendments to the 2020 Title IX regulations, the U.S. Department of Education (ED) issued final amendments to the Title IX regulations, 34 C.F.R....more
5/2/2024
/ Anti-Discrimination Policies ,
Colleges ,
Department of Education ,
Educational Institutions ,
New Amendments ,
Policies and Procedures ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Sex Discrimination ,
Title IX ,
Universities
Welcome to the third issue of The Academic Advisor for 2024.
In this edition, we examine the following topics of import for schools, institutions of higher education, and other education-focused organizations:
-...more
4/1/2024
/ Artificial Intelligence ,
College Athletes ,
Colleges ,
Educational Institutions ,
First Amendment ,
Florida ,
Free Speech ,
Gender Identity ,
LGBTQ ,
Machine Learning ,
Online Safety for Children ,
Personal Information ,
Privacy Laws ,
Public Schools ,
Settlement ,
Sexual Orientation Discrimination ,
Sports ,
Student Athletes ,
Texas ,
Unions ,
Universities
Welcome to the first issue of The Academic Advisor for 2024.
In this edition, we examine the following topics of import for schools, institutions of higher education, and other education-focused organizations:
-...more
2/1/2024
/ Artificial Intelligence ,
College Admissions ,
Corporal Punishment ,
DACA ,
Department of Labor (DOL) ,
Disclosure ,
Educational Institutions ,
Legislative Agendas ,
Machine Learning ,
Name and Likeness ,
North Carolina ,
Policies and Procedures ,
Public Schools ,
Regulatory Agenda ,
Regulatory Requirements ,
Sex Discrimination ,
State and Local Government ,
State Legislatures ,
Technology Sector ,
Title IX ,
Transparency ,
Universities
Educational institutions are no stranger to the limelight, particularly when it comes to politics and the priorities of state lawmakers. As shown by the following overview of pending bills and legislation, education will...more
1/30/2024
/ Artificial Intelligence ,
Educational Institutions ,
Florida ,
Legislative Agendas ,
Machine Learning ,
North Carolina ,
Policies and Procedures ,
Public Schools ,
Regulatory Agenda ,
Regulatory Requirements ,
State and Local Government ,
State Legislatures ,
Technology Sector ,
Virginia
In this final edition of the year, we cover the following issues of import for educational institutions:
- CFPB scrutiny of college-sponsored financial products;
- Changes ahead for Title IV program participants and...more
12/20/2023
/ Biometric Information ,
College Admissions ,
Colleges ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Education ,
Educational Institutions ,
Gender Equity ,
Internal Communications ,
Loan Forgiveness ,
Privacy Laws ,
Race Discrimination ,
Student Athletes ,
Student Loans ,
Students ,
Teachers ,
Third-Party Service Provider ,
Title IV ,
Title IX ,
Universities
When the College Cost Transparency Initiative (CCTI) began in 2022, leaders of 10 higher education institutions formed the task force “to improve the clarity, accuracy, and understanding of student financial aid offers by...more
Last month, North Carolina Governor Roy Cooper signed House Bill 8 (HB 8) into law. In addition to establishing a new computer science requirement for high school graduation and certain age verification requirements to...more
11/8/2023
/ Accreditation ,
Colleges ,
Compliance ,
Department of Education ,
Educational Institutions ,
Florida ,
Governor Cooper ,
Governor DeSantis ,
New Legislation ,
North Carolina ,
Professors ,
Regulatory Agenda ,
State Legislatures ,
Students ,
Tenure ,
Universities ,
Verification Requirements
The Accreditation Overhaul for North Carolina (and Florida) Colleges -
Last month, North Carolina Governor Roy Cooper signed House Bill 8 (HB 8) into law. In addition to establishing a new computer science requirement for...more
11/8/2023
/ Accreditation ,
American Civil Liberties Union (ACLU) ,
Artificial Intelligence ,
Colleges ,
Cybersecurity ,
Data Protection ,
Data Security ,
Department of Education ,
Disability ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Electronic Monitoring ,
Financial Aid ,
First Amendment ,
Florida ,
Free Speech ,
Harassment ,
Information Technology ,
Name and Likeness ,
New Legislation ,
North Carolina ,
Online Safety for Children ,
Protests ,
Regulatory Agenda ,
Regulatory Requirements ,
Remote Working ,
Risk Management ,
Student Athletes ,
Students ,
Surveillance ,
Teachers ,
Technology ,
Universities
U.S. Department of Education Takes Action Against Five Schools for Disbursing Federal Student Aid to Students Enrolled in Unaccredited Programs -
“The settlement agreements include the payment of liabilities for all five...more
10/2/2023
/ Colleges ,
Corporate Transparency Act ,
Cybersecurity ,
Data Security ,
Department of Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Enforcement Actions ,
Federal Student Aid ,
Legislative Agendas ,
Personal Data ,
Research Funding ,
School Districts ,
Students ,
Tax Exempt Entities ,
Universities
Understanding the New Pregnant Workers Fairness Act and Full Scope of Pregnancy-Related Discrimination Laws for Schools -
On June 27, 2023, the Pregnant Workers Fairness Act went into effect. This new law requires covered...more
8/3/2023
/ Affirmative Action ,
Artificial Intelligence ,
Civil Rights Act ,
Colleges ,
Cyber Attacks ,
Cybersecurity ,
Department of Education ,
Duty to Accommodate ,
Educational Institutions ,
Employer Liability Issues ,
Hackers ,
Legislative Agendas ,
LGBTQ ,
Loan Forgiveness ,
New Legislation ,
Personal Information ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Regulatory Agenda ,
School Districts ,
Sports ,
Sports Injuries ,
Student Loans ,
Title IX ,
Undue Hardship ,
Universities
Supreme Court Blocks Use of Race in Harvard, UNC Admissions in Blow to Diversity Efforts -
"In one of its most closely watched cases this year, the court ruled along ideological lines that the way the schools approached race...more
7/5/2023
/ Affirmative Action ,
Alston v NCAA ,
Artificial Intelligence ,
Biden Administration ,
Borrowers ,
Bots ,
Civil Rights Act ,
College Admissions ,
College Athletes ,
Colleges ,
Compensation ,
COPPA ,
Department of Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
Facial Recognition Technology ,
FERPA ,
Florida ,
Fourteenth Amendment ,
IDEA ,
Mental Health ,
Multidistrict Litigation ,
Name and Likeness ,
NCAA ,
Privacy Laws ,
Race Discrimination ,
Repayment Options ,
SCOTUS ,
Social Media ,
SRO ,
Student Loans ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Technology ,
Title IX ,
Title VI ,
Title VII ,
Universities
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”) is a federal consumer protection law that provides campus members and the public with information about campus safety. Every...more
Summer is Coming: Are Youth Camps Part of Your Clery Compliance Program?
“Regarding compliance and safety, many institutions have youth protection policies that camps must follow.”
Why this is important: The Jeanne...more
5/24/2023
/ Artificial Intelligence ,
Colleges ,
Cybersecurity ,
Debt ,
Educational Institutions ,
Loan Forgiveness ,
New Legislation ,
Ransomware ,
School Districts ,
Sports ,
Student Loans ,
Students ,
Universities
ChatGPT’s Impact on Education and Student Data Privacy -
Data privacy professionals have characterized the data privacy risks associated with ChatGPT as a “nightmare.” In order to function, open artificial intelligence...more
5/1/2023
/ Alabama ,
Burden of Proof ,
Colleges ,
Commercial Litigation ,
Content Publishing ,
Defamation ,
First Amendment ,
Fox News ,
Free Speech ,
Human Trafficking ,
Libel ,
New Legislation ,
Permits ,
Political Speech ,
Public Forum ,
Public Use ,
Religious Accommodation ,
SCOTUS ,
Settlement ,
Students ,
Universities
As schools and institutions of higher education anticipate the release of new Title IX regulations this May, on Thursday, April 6, the U.S. Department of Education (the “Department”) released a new notice of proposed...more
4/7/2023
/ Athletes ,
Department of Education ,
Educational Institutions ,
Gender Identity ,
Notice of Proposed Rulemaking (NOPR) ,
Public Comment ,
Regulatory Standards ,
School Districts ,
Student Athletes ,
Students ,
Title IX ,
Transgender
Department of Education’s New Guidance on Personal Liability Requirements Leaves Uncertainty for Institutions -
On March 1, 2023, the U.S. Department of Education (“DOE”) released guidance related to the instances in which...more
3/24/2023
/ Colleges ,
Department of Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Florida ,
Gun Laws ,
Gun Permits ,
Loan Forgiveness ,
New Guidance ,
New Legislation ,
Pennsylvania ,
Personal Liability ,
Proposed Legislation ,
State Legislatures ,
Student Loans ,
Title IV ,
Universities ,
Virginia
Illinois Supreme Court Allows Massive Damages in Biometric Privacy Cases -
“The case involves Ohio-based fast-food company White Castle.”
Why this is important: Illinois has the strictest biometric privacy law in the...more
3/2/2023
/ Acquisitions ,
Biometric Information ,
Biometric Information Privacy Act ,
CEOs ,
Corporate Governance ,
Cryptocurrency ,
Data Collection ,
Data Privacy ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
IL Supreme Court ,
Mental Health ,
Popular ,
Privacy Laws ,
Risk Assessment ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Stablecoins ,
Technology Sector ,
TikTok ,
Universities
Win in Court doesn’t Assure More Pennsylvania School Funding -
“Pennsylvania is the latest state where the public school funding system was found to be unconstitutional, but the experience in other states suggests there’s...more
3/2/2023
/ Colleges ,
Cybersecurity ,
Department of Labor (DOL) ,
Disabilities ,
Educational Institutions ,
Exemptions ,
First Amendment ,
Funding ,
Lactation Accommodation ,
Libraries ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Public Schools ,
Religious Schools ,
School Districts ,
State and Local Government ,
State Funding ,
Students ,
Third-Party Service Provider ,
TikTok ,
Title IX
With only four months left before most changes to the federal Standards for Safeguarding Customer Information (“Safeguards Rule”) – a component of the Gramm-Leach Bliley Act (“GLBA”) that provides for the protection of...more
3/2/2023
/ Colleges ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Deadlines ,
Educational Institutions ,
Federal Student Aid ,
Gramm-Leach-Blilely Act ,
Personal Information ,
Safeguards Rule ,
Third-Party Service Provider ,
Title IV ,
Universities
The Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”), enacted by Congress in late December 2022, provides more nursing mothers with reasonable break time to express breast milk after childbirth and...more
3/2/2023
/ Breastfeeding ,
Department of Labor (DOL) ,
Educational Institutions ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Reasonable Accommodation ,
Rest and Meal Break ,
School Districts