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 […]
Slippery Slope: The Subcommittee on Distance Learning and Educational Innovation and Fear of the “Race to the Bottom” in Accreditation Standards
The Department of Education (“Department”) conducted its first negotiated rulemaking session on January 14-18, 2019. The Committee on Accreditation and Innovation (“Main Committee”) met on January 14th and 15th. The Subcommittee on Distance Learning and Educational Innovation (“Subcommittee”) met on January 16th and 17th with the goal of reviewing certain […]
Charter Schools in Puerto Rico
On March 30th, 2018, the Government of Puerto Rico enacted Law Num. 85-2018, known as the Puerto Rico Education Reform Law (the “Law”). The Law is comprehensive in nature, and designed to loosen many of the bureaucratic ills that have stymied the island’s public education system for many years. It […]
J. Michael Tecson Elected Shareholder
J. Michael Tecson was elected a shareholder of HMBR effective January 1st. Mr. Tecson has been with HMBR since 2004 and had been a partner of the firm since 2010. He has more than 18 years of experience and has developed a diverse practice actively representing clients in both transactional […]
Off to the Races in Title IX: What Colleges and Universities Need to Know Now About the Proposed New Title IX Rules
By Debbie Osgood and Linh Nguyen The U.S. Department of Education has released its much anticipated proposal to amend the regulations implementing Title IX and specifically the regulatory requirements relating to the obligations of colleges and universities to respond to sexual harassment. The press release and rulemaking documents are available […]
Legal Alert: Court Denies Preliminary Injunction in Borrower Defense Litigation (CAPPS v. DeVos)
By Linh T. Nguyen and Dennis M. Cariello U.S. District Court Judge Randolph Moss has denied California Association of Private Postsecondary Schools (“CAPPS”)’ renewed motion for a preliminary injunction to enjoin certain provisions of the 2016 Borrower Defense to Repayment (“BDR”) Final Regulations. In denying a preliminary injunction, Judge Moss […]
Website Compliance for Higher Education in the U.S. under the GDPR
By Linh Nguyen and Sheila Sokolowski. Welcome to the second HMBR series of FAQs developed to inform colleges and universities in the United States about how various activities may bring them under the jurisdiction of European Union (EU) data protection authorities. This series focuses on website compliance and should be […]
Reading the ACA Tea Leaves: How to Bargain Contracts and Advise Your Clients on Healthcare
On August 1, 2018 Patrick E. Deady participated in a webinar sponsored by the AFL-CIO’s Lawyers Coordinating Committee (LCC) on how collective bargaining has been impacted by the Affordable Care Act and the changes initiated by the Trump Administration and how to navigate the healthcare landscape when negotiating multi-year collective […]
Patrick E. Deady Appointed Union-Side ABA’s Outreach to Law Students Committee Co-Chair
On September 4, 2018, Patrick E. Deady was appointed the Union-Side Co-Chair of the Outreach to Law Students Committee of the American Bar Association’s Section of Labor and Employment Law. Mr. Deady just completed a three-year term as the Union-Side Co-Chair of the Section’s Developing Labor Law Committee.