News & Analysis as of November 17, 2024

First Amendment › Colleges › Department of Education

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

Pressing Pause: Explanations and Next Steps for Title IX Administrators Following Preliminary Injunctions

Parker Poe Adams & Bernstein LLP on 6/19/2024

In the past week, two U.S. District Court judges have issued preliminary injunctions halting implementation of the recently-released 2024 Title IX final rule....more

Department of Education Issues Dear Colleague Letter as Student Protests Continue

BCLP on 5/10/2024

Colleges and universities around the country have been dealing with increasingly violent and contentious student protests in recent months. Many have had to deal with student, parent, faculty, donor, and public criticisms...more

The Academic Advisor - Education Law Insights, Issue 9, November 2023

Spilman Thomas & Battle, PLLC on 11/8/2023

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

The Academic Advisor - Education Law Insights, Issue 1, January 2023

Spilman Thomas & Battle, PLLC on 1/18/2023

Welcome to the second year of The Academic Advisor. The aim of this publication is to help our clients navigate the myriad legal issues and evolving regulatory landscape that affect schools, colleges and universities, and...more

The Academic Advisor - Education Law Insights, Issue 2, 2022

Spilman Thomas & Battle, PLLC on 7/20/2022

Welcome to our second edition of The Academic Advisor - our e-newsletter focused on education law insights. We hope you enjoyed our first issue and found it helpful. Our aim is to support the work that you do by bringing...more

Key Court Decisions Address Issues Concerning the Application of Title IX

Steptoe & Johnson PLLC on 4/1/2021

Professor’s Classroom Speech Deemed Protected - In a case involving questions regarding the application of Title IX to classroom instruction, the Sixth Circuit Court of Appeals reasoned that a university’s gender-identity...more

[Webinar] Things to Remember Before the End of 2020 (Higher Education) - December 1st, 12:00 pm - 12:45 pm EST

Bricker Graydon LLP on 11/23/2020

CARES Act, Executive Orders, and the Impact of a New Administration on Department of Education Rules and Guidance - Join Bricker higher education attorneys for a post-Thanksgiving webinar, where we will discuss the...more

Education Department Issues Final Rule Focusing on Free Speech on Campus and Equal Treatment of Faith-Based Institutions

Saul Ewing LLP on 9/21/2020

On September 9, 2020, after receiving more than 17,000 public comments to its notice of proposed rulemaking (the “NPRM”), the United States Department of Education (the “Department”) published the Religious Liberty and Free...more

Department of Education Final Rule Covers Four Key Areas

Steptoe & Johnson PLLC on 9/18/2020

The U.S. Department of Education has issued a final rule ("Final Rule") meant to clarify policies regarding freedom of speech, academic freedom, and Title IX exemptions. The Final Rule does four things: 1....more

President Trump's Executive Order Addresses Free Speech and Student Loan Debt

Holland & Knight LLP on 3/26/2019

• President Donald Trump has issued a new Executive Order (EO) that addresses generally speech restrictions that do not "promote free inquiry" on college campuses and, more specifically, the growing costs of higher education....more

Office for Civil Rights Changes its Complaint Processing Manual Again

Holland & Knight LLP on 11/27/2018

The U.S. Department of Education's Office for Civil Rights (OCR) has revised its Case Processing Manual (commonly referred to as the CPM) yet again. The changes to the CPM, which follow closely behind the Department's release...more

OCR Quietly Updates Case Processing Manual, Bringing Big Changes For Schools

Franczek P.C. on 11/21/2018

On November 20, 2018, the U.S. Department of Education’s Office for Civil Rights (OCR) announced the second round of revisions to its Case Processing Manual (CPM) in 2018. The CPM outlines the procedures OCR uses to...more

Department of Education Sued in Connection with Recently Issued Q&A on Campus Sexual Misconduct

Akin Gump Strauss Hauer & Feld LLP on 10/23/2017

• An equal rights group and three individual plaintiffs have filed a civil suit in U.S. District Court in Boston against the Department of Education (ED) and Secretary of Education Betsy DeVos. The complaint alleges that the...more

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