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Department of Education Issues Guidance for Title VI Compliance in Response to Increased Complaints

In response to increases in discrimination complaints, the Department of Education Office of Civil Rights (OCR) issued a Dear Colleague Letter: Protecting Students from Discrimination, such as Harassment, Based on Race,...more

Department of Education Releases Final Rule Amending Title IX Regulations

The U.S. Department of Education has released its final amendments of the regulations to Title IX of the Education Amendments of 1972 regarding how educational institutions must handle allegations of sexual discrimination and...more

Labor Department Provides Guidance on FLSA Pump-at-Work Protections for School Employees

The U.S. Department of Labor Wage and Hour Division (WHD) is in the process of publishing industry-specific guidance for compliance with the 2022 Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). In...more

Anti-Affirmative Action Organization Challenges Race Considerations in Military Academy Admissions

Continuing its efforts questioning the constitutionality of the use of race in higher education admissions, Students for Fair Admissions (SFFA) has filed a lawsuit in the District of Maryland against the U.S. Naval Academy on...more

U.S. Department of Education Office Publishes Guidance on Race in Admissions, School Programming

The U.S. Department of Education Office for Civil Rights (OCR) and the U.S. Department of Justice Civil Rights Division have published a joint Dear Colleague Letter (Joint OCR and DOJ DCL) that, together with a Q&A, provides...more

Education Department Proposes New Title IX Regulations for Transgender Student-Athletes

The U.S. Department of Education Office for Civil Rights (OCR) has proposed a standard that would clarify participation and equal opportunity of transgender students in school athletics....more

U.S. Department of Education Office for Civil Rights Publishes DEI Factsheet

The U.S. Department of Education Office for Civil Rights (OCR) has published a factsheet entitled “Diversity and Inclusion Activities Under Title VI,” clarifying that diversity, equity, and inclusion training “in most factual...more

New York Student-Athletes Benefit From Their Name, Image, and Likeness Under New Law

The “New York Collegiate Athletic Participation Compensation Act” (S.5891-F/A.5115-E) allows New York college athletes to receive compensation for their name, image, and likeness (NIL) without losing their scholarships or...more

How Colleges, Universities Can Prep for U.S. Supreme Court’s Affirmative Action Decision

Over decades, hundreds of colleges and universities have worked to increase the racial diversity of their student bodies for a host of reasons ranging from eliminating past discriminatory practices to ensuring their students...more

Department of Education Releases New Guidance on Pregnancy and Related Conditions

The U.S. Department of Education’s Office for Civil Rights (OCR) released a fact resource on October 4, 2022, reaffirming that Title IX of the Education Amendments Act protects students and employees from discrimination based...more

Virginia Education Department Releases New Model Policies on Treatment of Student Gender Identity

The Virginia Department of Education issued new 2022 Model Policies pursuant to Virginia School Code § 22.1-23.3 that reverse the 2021 Model Policies. The new policies provide that parents, not students, must communicate with...more

Education Department’s Civil Rights Office Reinstates Complainant Protections, Systemic Investigations

The revised Case Processing Manual (CPM) issued by the U.S. Department of Education Office for Civil Rights (OCR) outlines the procedures OCR uses “to promptly and effectively investigate and resolve complaints, compliance...more

Three Key Takeaways from National Association of College and University Attorneys Annual Conference

Bringing together general counsel, Title IX coordinators, equity directors, ethics officers, and other key administrators, along with outside counsel, the National Association of College and University Attorneys (NACUA) 2022...more

U.S. Supreme Court: School District Can’t Discipline Coach for Post-Game Public Religious Observances

A school district infringed on an assistant football coach’s rights under the Free Exercise Clause of the First Amendment when it suspended him for continuing to publicly pray after football games in violation of its policy,...more

U.S. Department of Education Proposes Amendments to Title IX Regulations

In conjunction with the 50th anniversary of Title IX, the U.S. Department of Education has released its proposed amendments to the regulations for Title IX of the Education Amendments of 1972 for public comment....more

50 Years: Title IX and Athletics

The 50th anniversary of Title IX provides elementary, secondary, and postsecondary institutions an opportunity to reflect on the impact of and future developments stemming from the law....more

Education Department Seeks Input to Strengthen Section 504 Protections for Students With Disabilities

To start the process of updating the regulations implementing Section 504 of the Rehabilitation Act of 1973, a seminal disability civil rights law that provides protections to elementary, secondary, and postsecondary...more

U.S. Supreme Court Bars Emotional Distress Damages Under Section 504, Title VI, Title IX, ACA

The U.S. Supreme Court ruled that emotional distress damages are not recoverable in private actions to enforce statutes authorized by the Spending Clause of the U.S. Constitution....more

Department of Education Takes First Step Toward Release of Proposed Amendments to Title IX Regulations

The U.S. Department of Education’s Office for Civil Rights (OCR) has announced that it has sent its draft proposed amendments to Title IX of the Education Amendments of 1972 to the Office of Information and Regulatory Affairs...more

Department of Education Recommends Steps to Ensure Inclusivity of Intersex Students

The U.S. Department of Education’s Office for Civil Rights (OCR) has published a fact sheet that addresses key issues intersex students face in schools and provides recommendations on how schools can support intersex...more

Education Department Ceases Enforcement Of Title IX Regulatory Provision Barring Reliance On Certain Statements

The U.S. Department of Education’s Office for Civil Rights has announced that it will immediately cease enforcement of the Title IX regulatory provision prohibiting decision-makers’ reliance on statements not subject to...more

Indiana District Court Denies Students’ Challenge To Indiana University’s Vaccine Mandate

Hundreds of colleges and universities across the country, both public and private, have issued policies requiring students be fully vaccinated against COVID-19 prior to the start of the fall semester. In the first court case...more

Department Of Education Encourages Schools To Exercise Discretion Beyond 2020 Title IX Requirements

The U.S. Department of Education’s Office for Civil Rights (OCR) has released its Questions and Answers on the Title IX Regulations on Sexual Harassment (July 2021) and Appendix with sample policies (Q & A), which represents...more

Department Of Education Marks 49th Anniversary Of Title IX By Stressing Rights For LGBTQI+ Students

The U.S. Department of Education marked the 49th anniversary of the Title IX Education Amendments of 1972 by issuing a Dear Educator letter. The letter highlights the importance of Title IX and references several Title IX...more

U.S. Department Of Education Will Protect LGBTQ+ Students

It will fully enforce Title IX of the Education Amendments of 1972 to prohibit discrimination based on sexual orientation and gender identity in education programs and activities that receive federal financial assistance from...more

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