Category Archives: Education

Litigation Class Action

U.S. Department of Education Delays Certain Gainful Employment Disclosure Requirements

In its latest action regarding the “Gainful Employment” regulations promulgated under the Obama administration, late on June 30, 2017, the U.S. Department of Education (“the Department”) announced a delay in certain disclosure requirements that were to have taken effect on July 1, 2017. This announcement occurred through Electronic Announcement #106, a pre-publication draft Federal Register notice (which will …

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What to Expect under Secretary of Education Betsy DeVos

After an unusually contentious Senate confirmation process, Betsy DeVos was confirmed as U.S. Secretary of Education on February 7, 2017. DeVos has a record of promoting charter schools and school vouchers at the K-12 level, but little is known about her priorities for higher education. Her prepared comments and responses during her Senate confirmation hearing …

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Betsy DeVos Moves toward Confirmation despite Opposition

Department of Education Announces New Staff and Open Title IX Investigations Opposition to Betsy DeVos Builds Joining other professional education associations, the National Association of Secondary School Principals announced in a letter to the Senate HELP Committee that it opposes the confirmation of Betsy DeVos as Secretary of Education. Senate offices have reported tens of …

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Post-Election Outlook for Higher Education

American higher education confronts a starkly different reality today in the aftermath of an election that yielded both a Republican administration and a Congress with Republican majorities in the House and Senate.  While the full impact may take years to assess, a preliminary review suggests some results are likely in the near term, including: Dramatic changes in …

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Fourth Circuit Appeals Court Rules in Favor of Transgender Student

Schools across the country have found themselves at the forefront of the societal debate on the appropriate manner in which to address issues surrounding accommodation of transgendered persons. Conflicting regulatory rulings, contemplated state legislation, and in the case of North Carolina, state prohibitions on accommodation have led to a patchwork of inconsistencies and doubt in …

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Betsy DeVos secretary of education

U.S. Department of Education Issues New Guidance on Incentive Compensation Regulations

On Friday, November 27, 2015, the U.S. Department of Education (the “Department”) will publish guidance in the Federal Register regarding its October 29, 2010 changes to the incentive compensation regulations at 34 C.F.R. § 668.14(b)(22) that took legal effect July 1, 2011. Those revised regulations removed a “safe harbor” that had previously permitted certain graduation-based or completion-based …

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Football, Brain Injury

Illinois: Transgender Locker Room Policy Eludes School District Facing Government Sanctions Under Title IX

An Illinois school district has violated anti-discrimination laws by not allowing a transgender student who identifies as female and is on her high school’s girls’ sports team to change and shower in the girls’ locker room, the United States Department of Education Office of Civil Rights (“OCR”) has held. The OCR released its findings on …

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Betsy DeVos secretary of education

Senate Passes the Every Child Achieves Act to Replace No Child Left Behind

Recently, the Senate passed the Every Child Achieves Act to replace No Child Left Behind, which was seven years past the reauthorization date. This bipartisan agreement was shepherded through the Senate by the Senate Health, Education, Labor, and Pensions Chairman Lamar Alexander (R-Tenn.) and Ranking Member Patty Murray (D-Wash.) What the Every Child Achieves Act …

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Betsy DeVos secretary of education

Supreme Court to Again Review Higher Education Affirmative Action Case

In a week full of front-page news, the United States Supreme Court has agreed to again review the appropriateness of the University of Texas at Austin’s race-based admissions process in the case of Fisher v. University of Texas at Austin. The Supreme Court first reviewed the school’s consideration of race as a component of its admission process …

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Elementary and Secondary Education Act (ESEA) Reauthorization On The House Floor This Week

Legislative Activity ESEA Reauthorization Bill to be Considered on the House Floor this Week The education community continues to analyze H.R. 5, the Student Success Act, which the House Education and the Workforce Committee approved and reported to the House prior to the Congressional recess. Echoing the White House report criticizing H.R. 5 released last week, an estimate published …

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