News & Insight

Author: Linh Nguyen

Summary of Provisions Related to Higher Education under the 2021 Consolidated Appropriations Act and 2021 Coronavirus Response and Relief Supplemental Appropriations Act

Over the holiday weekend, President Trump signed the 2021 Consolidated Appropriations Act (“Act”), the full text of which is available here. The Act funds the federal government until September 2021 and provides $900 billion for COVID-19 relief. The relief package includes funding for institutions of higher education, which are intended […]

  Dec 29, 2020  |  By    |   On COVID-19 and Cares Act (EDUCATION)

Refresher on The Congressional Review Act and Regulatory Actions Occurring Within Congress’ “Look-Back” Period

With less than a month away from Election Day, the possibility of a new Presidential Administration and a change in the Congressional majority presents an opportunity to refresh our understanding of the Congressional Review Act (“CRA”) and its procedural rules for expedited review of agency rulemaking. Enacted in 1996, the […]

  Oct 27, 2020  |  By    |   On Education

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