Author: Linh Nguyen
New OCR Guidance on Complying with Federal Civil Rights Laws during the Coronavirus Pandemic
The U.S. Department of Education Office for Civil Rights (“OCR”) has issued guidance to assist postsecondary institutions in meeting their obligations under Title VI, Title IX, Section 504 of the Rehabilitation Act, and Title II of the Americans with Disabilities Act during the Coronavirus pandemic. The guidance, which takes a […]
Client Alert: Department of Education Issues Proposed Regulations on Distance Education and Innovation
On April 1, 2020, the U.S. Department of Education (“ED”) issued a notice of proposed rulemaking on distance education and innovation in higher education. Institutions of higher education that closely monitored the work of the Negotiated Rulemaking Committee last year will find familiar language in the proposed regulations. Meanwhile, institutions […]
Summary of Provisions of The CARES Act and Associated Appropriations Language Related to Labor and Small Businesses
Small businesses across the U.S. have been hit especially hard in recent weeks as Americans shelter-in-place and practice social distancing to further prevent the spread of COVID-19. In response, Congress has passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) to help workers, families, and businesses during this […]
ED Issues Guidance for Accrediting Agencies in Response to COVID-19
The U.S. Department of Education (“ED”) Office of Postsecondary Education has issued guidance for accrediting agencies responding to COVID-19 interruptions. This guidance should be read in conjunction with ED’s guidance on interruptions of study related to COVID-19, which allowed accrediting agencies to waive regular distance learning review requirements and processes […]
Open in the Event of New Title IX Regs: What Your Institution Should Do As Soon As New Regulations are Issued
So, the day has arrived and the Department of Education has issued its long-awaited final rule implementing Title IX. Or at least, this is where you expect to find yourself any day now as the Department inches closer towards issuing new regulatory requirements for how colleges and universities respond to […]
UPDATE: DEPARTMENT OF EDUCATION LAUNCHES INVESTIGATION INTO REPORTING OF FOREIGN GIFTS AT YALE AND HARVARD
The U.S. Department of Education has launched new investigations at both Yale University and Harvard University relating to Section 117 of the Higher Education Act. This law requires postsecondary institutions to report foreign gifts and contracts from the same foreign source that, alone or combined, have a value of $250,000 […]
Data Security at Postsecondary Institutions: The Federal Standards Every Title IV Institution Should Follow to Protect Student Information
The U.S. Department of Education recently met with interested stakeholders to discuss data security protocols issued by the National Institute of Standards and Technology (“NIST”). The NIST is tasked with developing consistent security standards and guidelines for processing, storing, and transmitting “Controlled Unclassified Information” (“CUI”) managed by nonfederal organizations. Relevant […]
Client Alert: Donations from Foreign Sources Come Under Heightened Federal Scrutiny
In a recent letter to the Senate Subcommittee on Homeland Security and Government Affairs Committee (“Subcommittee”), the Department of Education’s Principal Deputy Counsel Reed R. Rubinstein shared preliminary findings from six investigations under Section 117 of the Higher Education Act, as amended. The investigations were launched, in part, as a […]
Texas Passes Sexual Assault Legislation Impacting Postsecondary Institutions
On June 15, 2019, Texas Governor Gregg Abbott signed House Bill 1735, an Act relating to the prevention of and response to sexual misconduct at public and private postsecondary institutions, effective September 1, 2019. Joining other states that have passed sexual harassment laws for schools—such as California, Illinois, and New […]
Legal Alert: Supreme Court Upholds Auer Deference for Agencies’ Interpretation of Their Own Regulations, But Reinforces Limits to Its Applicability (Kisor v. Wilkie)
In Kisor v. Wilkie, a splintered Supreme Court ruled 5-4 to uphold its prior decision in Auer v. Robbins, under which courts have given deference to federal agencies’ reasonable interpretations of their own ambiguous regulations. However, in the holding penned by Justice Kagan—and joined in full by Justices Ginsburg, Breyer, […]