News & Insight

Author: Linh Nguyen

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 […]

  Jul 9, 2019  |  By    |   On Education

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, […]

  Jul 9, 2019  |  By    |   On Education

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 […]

  Jul 8, 2019  |  By    |   On Education

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 […]

  Jun 28, 2019  |  By    |   On Education

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 […]

  Jun 19, 2019  |  By    |   On Client Alerts

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 […]

  Jun 6, 2019  |  By    |   On Client Alerts

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 […]

  Jun 6, 2019  |  By    |   On Education

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 […]

  May 8, 2019  |  By    |   On Education

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 […]

  Apr 5, 2019  |  By    |   On Education

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 […]

  Mar 13, 2019  |  By    |   On Education