Category: Education
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).
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]