The Senate Task Force on Federal Regulation of Higher Education recently released a report entitled “Recalibrating Regulation of Colleges and Universities” in which the Task Force stated that “oversight of higher education by the Department of Education has expanded and evolved in ways that undermine the ability of colleges and universities to serve students and accomplish their missions.” The Task Force includes a bipartisan group of U.S. senators, working with […]

The U.S. Department of Education’s Office for Civil Rights (OCR) announced that it has entered into a resolution agreement with Princeton University to ensure compliance with Title IX. The action follows an OCR investigation that found that Princeton was in violation of Title IX for failing to promptly and equitably respond to complaints of sexual misconduct, for failing to end a sexually hostile environment for one student, and for instituting […]

The Department of Education released a Dear Colleague Letter on the implications of laws and regulations that limit the courses that may be offered by a foreign institution as part of an eligible program for students receiving Direct Loan funds. The letter emphasizes that offering ineligible courses makes the program ineligible for Title IV funds, but notes that a foreign institution may remain eligible by offering two versions of a […]

On January 9, 2015, the U.S. Department of Education issued a Dear Colleague Letter providing guidance to institutions that contract with third-party servicers to administer any aspect of the institution’s participation in Title IV student services programs. Title IV of the Higher Education Act and related regulations require these institutions to report the names of any individual or entity that performs for, or on behalf of, the institution any of […]

Title IX of the Education Amendments of 1972 (Title IX) and the U.S. Department of Education implemented regulations that prohibit discrimination on the basis of gender in federally assisted education programs and activities. Title IX protects students in connection with all of the academic, educational, extra-curricular, athletic, and other programs of a college, whether they take place in the facilities of the college or at a class or training program […]

Students with disabilities are entitled to accommodations in school, whether it is K-12 (public) or post-secondary education. The nature and delivery of those services, however, differ greatly between K-12 and college. Laws That Impact All Students: IDEA The Individuals with Disabilities Education Act (IDEA) is a federal law governing special education service delivery for students aged 3-21 or until high school graduation. An educational team develops the Individualized Education Plan […]

Recently, a Southern California school district settled a case brought in the Federal District Court where a minor plaintiff sought to enjoin the school district from denying his service dog access to the classroom.  The minor plaintiff was not visually or otherwise impaired, but diagnosed with a form of autism.  The school district objected to having the dog in the classroom after learning of several persons who had allergies to dogs.  It also […]

In a 5- 4 decision announced June 24, 2013, the United States Supreme Court made it more difficult for workers to prove they have been retaliated against on the job. In the decision of University of Texas Southwestern Medical Center v Nassar, the Court clarified the standard for plaintiffs who claim they have faced negative employment decisions in retaliation for complaints of employment discrimination in Title VII actions. Title VII […]

A Federal Appeals Court ruled that an artist’s use of the University of Alabama’s trademark within his paintings was protected by the U.S. Constitution First Amendment Free Speech Clause. In litigation that cost the University of Alabama an estimated $1.4 million in legal fees, the University claimed the artist’s depictions of Alabama Crimson Tide football team violated the University trademark rights. The Federal Appeals Court disagreed noting that the depiction […]

A high school secretary is charged with statutory rape of a student. Another teacher is found with a student in his motel room. A middle school teacher is convicted of molesting three students. What is happening in our schools? How can school districts protect students, as well as prevent false claims and civil lawsuits? In California, a school district can be found liable for sexual abuse committed by an employee […]