News & Insight

Category: 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

Debbie Osgood Elected to Associated Colleges of Illinois (ACI) Board of Directors

Debbie Osgood has been elected to the Board of Directors for the Associated Colleges of Illinois (ACI). ACI is a network of 27 private independent colleges and universities in Illinois.  ACI supports member institutions by helping to advance independent liberal arts and science education and helping underserved students succeed.  ACI […]

  Jul 3, 2019  |  By    |   On Education

Update: Official Gainful Employment (GE) Rule by U.S. Department of Education Published

As we posted on June 28, 2019, the U.S. DOE rescinded the Gainful Employment (GE) Rule and posted the official version today, July 1, 2019. Below is the link to the Federal Register for your files: https://www.federalregister.gov/documents/2019/07/01/2019-13703/program-integrity-gainful-employment In an Electronic Announcement issued on Friday, the Department provided: An institution that early implements […]

  Jul 1, 2019  |  By    |   On Client Alerts

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Late on June 28, 2019, the U.S. Department of Education rescinded the “Gainful Employment” (GE) Rule.  (The Department posted the “unpublished” notice in the rescinded GE Rule on Friday and will post the official version on July 1).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 […]

  Jun 28, 2019  |  By    |   On Client Alerts

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

TITLE IX TRAINING SESSIONS NOW BEING OFFERED: Ensuring Equity and Due Process in Title IX Hearings- Training for Hearing Panels and Hearing Officers

The courts and federal government have spoken! With the heightened scrutiny of campus sexual misconduct processes, it is more important than ever that institutions’ hearing officers and hearing panel members be well-trained on issues of sexual violence, due process, and hearing procedures. Importantly, due to recent court cases, schools in […]

  Jun 24, 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

Webinar: Debbie Osgood Speaks on Higher Education Case Law Update

Join Debbie Osgood, on June 20, 2019, as she covers significant cases and legal trends from the 2018-2019 academic year relating to Title IX, admissions, free speech, sexual orientation and gender discrimination, and additional higher education issues you will want to know and keep track of. This Webinar is being […]

  Jun 11, 2019  |  By    |   On Education

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