Author: Linh Nguyen
When the Smoke Clears: The Impact of Illinois’ Legalization of Recreational Marijuana on Postsecondary Institutions and Employers
On June 26, 2019, Illinois joined ten other states and the District of Columbia in legalizing recreational marijuana. The Cannabis Regulation and Tax Act (“Act”), which takes effect on January 1, 2020, allows Illinois residents who are 21 and older to legally buy, possess, transport, and use cannabis. Residents may […]
Judge Grants TRO for Respondent in Title IX Due Process Claim Against Private College (John Doe v. Rhodes College)
A federal district judge in the Western District of Tennessee has ruled that a Respondent may enjoin a private institution from enforcing a sexual misconduct determination based on the likely success of his erroneous outcome claim under Title IX. While Title IX applies to both public and private institutions that […]
Client Alert – DOE Announces Additional Guidance on 2019 GE Disclosure Template (July 1, 2019 deadline to update disclosures)
On June 7, 2019, the Department of Education (“Department”) posted Electronic Announcement #121 – Additional Guidance on Completing the 2019 GE Disclosure Template. Recall that in 2014, the Obama Administration promulgated the Gainful Employment (GE) Rule, which assesses whether a program has prepared students to earn enough to repay their […]
Client Alert: Department of Education Issues Q&A on 2016 Borrower Defense to Repayment Regulations
The Office of Postsecondary Education (OPE) has issued a Q&A document on OPE’s implementation of the 2016 Borrower Defense to Repayment (BDR) regulations, which took effect following unsuccessful litigation by the Department to delay their implementation. Recall that under the 2016 BDR regulations, an institution must demonstrate to the Secretary […]
Judge Dismisses Mount Ida College Class Action Lawsuit (Squeri, et al. v. Mount Ida College, et al.)
Approximately one year after Mount Ida College ceased operations and closed for business, the District Court for the District of Massachusetts has dismissed class action claims brought by its students against the college, the Board of Directors, and various administrative officers. Fundamental to the court’s decision was the question of […]
Client Alert: Negotiated Rulemaking Committee Reaches Consensus on Proposed Regulations for Federal Student Aid Programs
Earlier last month, the negotiated rulemaking committee (“Committee”) established by the U.S. Department of Education (“Department”) to consider, revise, and prepare proposed regulations for the Federal Student Aid programs, reached consensus on all three buckets of regulatory issues grouped by the Department. The draft consensus language is available here. Because […]
Legal Alert: Department of Education Issues Guidance on Implementation of 2016 Borrower Defense to Repayment Final Regulations
The U.S. Department of Education (“Department”) has issued guidance on the 2016 Borrower Defense to Repayment (“BDR”) final regulations, which took effect following unsuccessful litigation by the Department to delay their implementation. Given changes that may have occurred at institutions between the original implementation date (July 1, 2017) and the […]
President Trump Proposes Fiscal Year 2020 Budget
On Monday afternoon, the Trump Administration released its proposal for the federal budget. Specific to the U.S. Department of Education, the fiscal 2020 budget decreases funding by about $8.5 billion while maintaining level funding for the Office for Civil Rights. Details of the full budget request are available here. In […]
SUPREME COURT SCHEDULED TO REEVALUATE HOW AGENCIES INTERPRET THEIR OWN REGULATIONS WITH IMPLICATIONS FOR TITLE IX (KISOR V. WILKIE)
The Supreme Court’s decision to grant review in Kisor v. Wilkie may have major implications for the Department of Education’s implementation and enforcement of its civil rights regulations. Kisor v. Wilkie seeks to challenge the Court’s long-standing precedent of granting deference to agencies’ reasonable interpretations of their own regulations, commonly […]
Let’s Get into the Regs! Key Highlights from the Negotiated Rulemaking Committee on Accreditation and Innovation, Session 1, Day 2
While much of the D.C.-area got to work clearing snowfall from a weekend winter storm, Committee Members on the U.S. Department of Education (“Department”) Federal Negotiated Rulemaking Committee on Accreditation and Innovation (the “Committee”) got to work reviewing and, oftentimes challenging, proposals and recommendations to the Department’s draft regulatory […]