Generally, independent schools intentionally refrain from participating in the majority of federal funding programs, preserving their ability to ensure the educational program is provided in a manner that is reflective of...more
Overview - On March 11, 2025, the Department of Education (ED or the Department) effectively fired a substantial portion of its employees, marking a significant step in what Secretary Linda McMahon has called the...more
On February 19, 2025, President Trump issued a new Executive Order, entitled “Ending Taxpayer Subsidization of Open Borders,” declaring his administration’s intent to uphold Public Law 104-193 entitled “Personal...more
Last week, the US Department of Education (ED) Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) outlining the obligations of educational institutions pursuant to Title VI of the Civil Rights Act of 1964 and...more
At least forty-four states have enacted laws prohibiting hazing. However, the regulations, penalties, and requirements vary significantly by state. The enactment of the federal Stop Campus Hazing Act (SCHA) exemplifies the...more
On Jan. 14, 2025, the U.S. Department of Education issued guidance through a Dear Colleague Letter that, if left in place by the new administration, could significantly expand Federal Student Aid program reviews, attorney...more
On Jan. 27, 2025, the Office of Management and Budget issued a memorandum to all executive departments and agencies, including the U.S. Department of Education, requiring a temporary pause of federal financial assistance by...more
President Trump issued an executive order on January 21, 2025 that, among other things, revokes Executive Order 11246, ending the long-standing practice of requiring federal government contractors to take and report on...more
In the final days of the Biden Administration, the U.S. Department of Education (ED) announced a number of policy initiatives and enforcement actions related to ED's misrepresentation regulations for institutions of higher...more
The bipartisan Stop Campus Hazing Act, which went into effect on January 1, 2025, imposes new federal requirements on colleges and universities nationwide, obligating them to track, report, and publicly disclose hazing...more
In December, we informed you that the Stop Campus Hazing Act (the Act) was sent to the President after it was passed by both the House and Senate. President Biden signed the Act on December 23, 2024. ...more
Access to quality healthcare services has long been a priority of the U.S. Department of Health and Human Services (HHS), and through its Office for Civil Rights (OCR) this agency has, since at least 2001, sought to provide...more
On July 1, 2024, revised regulations governing federal student financial assistance programs became effective. The regulations, which can be found at 34 C.F.R. 668.23(d), require institutions that participate in the federal...more
The U.S. Supreme Court recently overturned the decades-old Chevron doctrine of judicial deference to a federal agency’s interpretation of an ambiguous statute. (See “Go Fish! U.S. Supreme Court Overturns ‘Chevron Deference’...more
The U.S. Department of Education (ED) finalized new regulations last year that will take effect on July 1, 2024, directly impacting mergers and acquisitions involving higher education institutions. Specifically, the...more
In a 3-0 decision issued today, June 5, 2024, the Fifth Circuit Court of Appeals (the “Court”) vacated the new private funds rule adopted by the Securities and Exchange Commission (the “SEC”) on August 23, 2023 (the “Rule”)....more
A coalition of 19 Democratic AGs is calling on the U.S. Department of Education (ED) to move quickly to implement its proposed regulations that would waive or reduce student loan repayment for certain groups of federal...more
In the last several days, the U.S. Department of Education (ED) finally published three important updates on ED expectations under its extensive October 2023 Financial Value Transparency and Gainful Employment regulations...more
The U.S. Department of Education (Department) released an important update and reminder regarding new Financial Value Transparency (FVT) and Gainful Employment (GE) regulations that take effect on July 1, 2024. The...more
On December 6, 2023, the Supreme Court heard oral argument in Muldrow v. City of St. Louis, a Title VII case out of the Eighth Circuit. The petitioner, Sergeant Jatonya Muldrow of the St. Louis Police Department, alleged sex...more
On October 31, 2023, the U.S. Department of Education (ED) published in the Federal Register a Final Rule that significantly revises the financial responsibility, administrative capability and certification requirements...more
Effective July 1, 2024, institutions of higher education participating in Title IV Federal Student Aid programs must comply with the U.S. Department of Education’s (Department) Financial Value Transparency and Gainful...more
In the past five years, the Federal Government and “Qui Tam” Realtors have ramped up False Claims Act (“FCA”) actions against higher education institutions. These actions highlight the scope and breadth of potential FCA...more
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
What Is Environmental Justice? The Environmental Justice Initiative seeks to ensure that all Americans—regardless of race, color, national origin, or income—receive fair treatment and have meaningful involvement with...more