Important Notice on State Authorization of Distance Education Programs
In an unofficial federal register notice published yesterday, the Department of Education explained that as a result of the April 26, 2019 decision in National Education Association v. DeVos, No. 18-cv-05173-LB (N.D. CA April 26, 2019), which went into effect on May 26, 2019, the final state authorization regulations, published December 19, 2016 (81 FR 92236), took effect. These regulations contain important changes to Sections 600.2 (Definition of a “State authorization reciprocity agreement”), 600.9(c) (State authorization); 668.2 (Definition of “Distance Education”) and 668.50 (Institutional disclosures for distance or correspondence programs).
Breaking News: U.S. DOE Rescinds Gainful Employment (GE) Rule – Official Version to be posted on July 1
Late on June 28, 2019, the U.S. Department of Education rescinded the “Gainful Employment” (GE) Rule. (The Department posted the “unpublished” notice in the rescinded GE Rule on Friday and will post the official version on July 1). The GE Rule applied to all programs at all Title IV eligible […]
Debbie Osgood presents at University of Vermont Conference on Legal Issues in Higher Education
On Monday, October 14, 2019, Debbie Osgood will speak at two sessions at the University of Vermont’s Legal Issues in Higher Education Conference. Presenting with Seth Gilbertson and Gemma Rinefierd, the first session is “ABCs of OCRs – About the Office and How to Handle a Civil Rights Complaint.” At […]
New Sexual Harassment Law in Illinois
On August 9, 2019, Governor Pritzker signed into law a new sexual harassment law (Senate Bill 75), entitled the Workforce Transparency Act (“Act”). The new statewide sexual harassment law creates new requirements for Illinois employers, including new training and policy requirements. HMBR offers on-site sexual harassment training that meets the new […]
Announcement of Fall Title IX Training Sessions
“Ensuring Equity and Due Process in Title IX Hearings: Training for Hearing Panels and Hearing Officers” The reviews are in for the new Title IX training provided by HMBR partner Debbie Osgood and colleague Rebecca Veidlinger (principal of her own law firm) for hearing panel members and hearing […]
FAPSC Award Presented to Audrey Kaplan
Audrey Kaplan, a Partner at HMBR, was presented with the Spirit of FAPSC Award (Florida Association of Postsecondary Schools and Colleges) in recognition of her contributions to the FAPSC bylaws revision at the 2019 FAPSC Annual Administration Conference. Ms. Kaplan and HMBR were recognized for their contributions in providing legal […]
Chicago City Council Passes “Fair Workweek Ordinance”: Here’s What Restaurant and Healthcare Employers Need to Know
On July 24, 2019, the Chicago City Council unanimously approved the Fair Workweek Ordinance (the “Ordinance”), designed to enforce predictable shifts for lower wage employees across a wide range of industries. Chicago Mayor Lori Lightfoot, a supporter of the bill, is expected to sign the Ordinance into law in the […]
First Annual Chicagoland Title IX Consortium Conference
HMBR is a sponsor for the First Annual Conference of the Chicagoland Title IX Consortium on July 12, 2019. The Conference will be held at National Louis University. Debbie Osgood will be giving the keynote address along with Peter Land of Husch Blackwell, and Caryn Bills of UIC, entitled “Preparing […]
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, […]
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 […]