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DOE Backs Away from Plan to Regulate Third-Party Service Providers

In a recent policy shift, the U.S. Department of Education (DOE) agreed in a court filing to end its plan to impose additional regulations on third-party service providers (TPSPs) contracting with colleges and universities....more

ED Delays Financial Value Transparency and Gainful Employment Reporting

The U.S. Department of Education (ED) has announced a revised deadline for submitting required data under the Financial Value Transparency and Gainful Employment (FVT/GE) rules. The new deadline for institutions to report and...more

Another Title VI Agreement and Another Insight Into OCR’s Enforcement Agenda

On July 8, 2024, the U.S. Department of Education’s Office for Civil Rights (OCR) announced that it had reached a resolution agreement with Brown University. This action followed an investigation concluding that Brown...more

OCR Adds New Fact Sheet to Growing Library of Title VI Guidance

On July 2, 2024, the U.S. Department of Education’s Office for Civil Rights (OCR) released a new Fact Sheet. This document aims to help faculty, staff, students and families understand their rights and obligations under Title...more

OCR Resolves Title VI Complaints Against Two High-Profile Universities

Recent resolution agreements between the U.S. Department of Education’s Office for Civil Rights (OCR) and the University of Michigan (U-M) and the City University of New York (CUNY) offer valuable lessons for colleges and...more

SDNY Dismisses Challenge to NYU’s Law Review Membership Selection Process

On May 30, the U.S. District Court for the Southern District of New York granted New York University’s (NYU) motion to dismiss in a lawsuit[1] from a first-year law student claiming that NYU School of Law’s process for...more

New Submission Details for Articles 129-A and 129-B Decennial Reporting

We previously reported here that institutions of higher education (IHE) located in New York State are required to submit a copy of all written rules and procedures necessary to demonstrate compliance with Article 129-A and...more

Navigating Compliance with OCR’s New Guidance on Title VI

In the midst of antiwar protests and a rise in antisemitic incidents at institutions of higher education (IHE) across the country, the Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) on May 7, 2024...more

Here We Go: ED Releases Reworked Title IX Regulations

After an extensive period of public commentary and deliberation, the U.S. Department of Education (ED) announced significant updates to its Title IX regulations on April 18, 2023. The changes are largely designed to overhaul...more

The Fifth Circuit Extends Injunction of the Biden Administration’s Borrower Defense to Repayment Rules

In a decision affecting the ever-shifting legal and regulatory dynamics of Borrower Defense to Repayment (BDR) claims, the Fifth Circuit postponed the effective date of a Biden administration plan to expand student debt...more

Financial Value Transparency and Gainful Employment Regulations: What We Know Now

As most employers with employees working in California or assigned to a California location know, and as we reported in “Big Brother Just Got Bigger: Expanded Pay Data Reporting Expected to Hit the Golden State,” 2022...more

U.S. Department of Education to Require “Financial Value Transparency” Reporting from Higher Ed Institutions

In October 2023, the U.S. Department of Education (ED) established a Financial Value Transparency (FVT) framework as part of its larger endeavor to protect students at higher education institutions (IHE) from overwhelming...more

Second Circuit Litigation Threatens to Further Confuse Regulatory Standards Applied to Borrower Defense Applications

The Second Circuit Court of Appeals released a new decision in the NYLAG v. Cardona et al. case that may have implications for the everchanging legal and regulatory environment of Borrower Defense to Repayment (BDR) claims....more

Second Circuit Litigation Threatens to Further Confuse Regulatory Standards Applied to Borrower Defense Applications

The Second Circuit Court of Appeals released a new decision in the NYLAG v. Cardona et al. case that may have implications for the everchanging legal and regulatory environment of Borrower Defense to Repayment (BDR) claims....more

ED Statement Clarifies Cause of Recent Borrower Defense Activity

The U.S. Department of Education (ED) released a statement on Nov. 8, 2023, saying that the scores of borrower defense to repayment (BDR) application notifications that institutions of higher education (IHE) have received in...more

Colleges and Universities Experience a Surge of Borrower Defense to Repayment Claims

Over the past several months, institutions of higher education (IHE) have seen an influx of Borrower Defense to Repayment (BDR) applications from former students....more

OCR Issues Dear Colleague Letter on Antisemitism

On May 25, 2023, the United States Department of Education’s Office for Civil Rights (OCR) released a Dear Colleague Letter (DCL) “as part of the Department’s launch of an Antisemitism Awareness Campaign” described in the...more

Education Department Unveils Final Rules to Protect Veterans and Service Members

On Oct. 27, 2022, the U.S. Department of Education (Department) announced final rules aimed at strengthening protections for U.S. service members and veterans, improving access to prison education programs, and raising...more

Health Care Worker Bonus Program: New York State Education Department Announces Opening of Healthcare Worker Bonus Portal to...

On Oct. 11, 2022, the New York State Education Department (NYSED) announced that the Health Care and Mental Hygiene Worker Bonus program (HWB) now is open to educational institutions....more

New OCR Fact Sheet Reiterates that Terminating a Pregnancy is Protected Under Title IX

The U.S. Department of Education’s Office for Civil Rights (OCR) released a “Fact Resource” on Oct. 4, 2022 reaffirming legal authority that Title IX protects both students and employees from discrimination based upon...more

Department of Education Releases Proposed Changes to Title IX Regulations

Announcing it as a commemoration of the 50th Anniversary of the enactment of Title IX (though anticipated for the past 18 months), the U.S. Department of Education (DOE) announced sweeping proposed amendments to the Title IX...more

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