News & Insight

Author: Linh Nguyen

CLIENT ALERT: DEPARTMENT OF EDUCATION TO ISSUE FINAL RULE ON DISTANCE EDUCATION AND INNOVATION

The U.S. Department of Education (“ED”) has announced that it will soon officially publish in the Federal Register final regulations governing distance education and innovation in higher education (“Final Rule”).  The Final Rule is one of three final regulations to follow from the consensus-building work of the Negotiated Rulemaking Committee […]

  Aug 28, 2020  |  By    |   On COVID-19 and Cares Act (EDUCATION)

Legal Alert: Supreme Court holds that Title VII prohibits discrimination based on Sexual Orientation or Transgender Status (Bostock v. Clayton County, Georgia)

The U.S. Supreme Court has ruled in a 6-3 decision that Title VII of the Civil Rights Act prohibits employment discrimination because of “sex” for LGBTQ employees. The landmark decision—penned by Justice Gorsuch and joined in full by Justice Breyer, Ginsburg, Kagan, Sotomayor, and Chief Justice Roberts—unequivocally provides that when […]

  Jun 16, 2020  |  By    |   On Education

HMBR Resource for Colleges and Universities Considering Reopening for Fall 2020

As students across the nation wrap up an unconventional semester, college and university leadership and administrators are wondering when their campuses can reopen and how they might begin this herculean task. While much remains uncertain, it is clear that colleges and universities must be nimble in meeting this challenge while […]

  May 26, 2020  |  By    |   On COVID-19 and Cares Act (EDUCATION)

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 […]

  May 19, 2020  |  By    |   On Compliance - Title IX

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 […]

  Apr 3, 2020  |  By    |   On Client Alerts

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 […]

  Mar 28, 2020  |  By    |   On Client Alerts

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 […]

  Mar 24, 2020  |  By    |   On COVID-19 and Cares Act (EDUCATION)

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 […]

  Mar 11, 2020  |  By    |   On Compliance - Title IX

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 […]

  Feb 14, 2020  |  By    |   On Education

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 […]

  Dec 16, 2019  |  By    |   On Education