Category: 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 […]
Caught Between a Rock and a Hard Place – California’s “Fair Pay to Play” Act
The amateurism rules of the National Collegiate Athletic Association (“NCAA”) – the governing body of intercollegiate athletics – prohibit student-athletes from receiving payments for endorsements or otherwise profiting from the use of their name, image or likeness (“NIL”). Indeed, if an NCAA Division I or II athlete is paid for […]
SUPREME COURT SCHEDULED TO REEVALUATE HOW AGENCIES INTERPRET THEIR OWN REGULATIONS WITH IMPLICATIONS FOR TITLE IX (KISOR V. WILKIE)
The Supreme Court’s decision to grant review in Kisor v. Wilkie may have major implications for the Department of Education’s implementation and enforcement of its civil rights regulations. Kisor v. Wilkie seeks to challenge the Court’s long-standing precedent of granting deference to agencies’ reasonable interpretations of their own regulations, commonly […]
Let’s Get into the Regs! Key Highlights from the Negotiated Rulemaking Committee on Accreditation and Innovation, Session 1, Day 2
While much of the D.C.-area got to work clearing snowfall from a weekend winter storm, Committee Members on the U.S. Department of Education (“Department”) Federal Negotiated Rulemaking Committee on Accreditation and Innovation (the “Committee”) got to work reviewing and, oftentimes challenging, proposals and recommendations to the Department’s draft regulatory […]
Slippery Slope: The Subcommittee on Distance Learning and Educational Innovation and Fear of the “Race to the Bottom” in Accreditation Standards
The Department of Education (“Department”) conducted its first negotiated rulemaking session on January 14-18, 2019. The Committee on Accreditation and Innovation (“Main Committee”) met on January 14th and 15th. The Subcommittee on Distance Learning and Educational Innovation (“Subcommittee”) met on January 16th and 17th with the goal of reviewing certain […]
Charter Schools in Puerto Rico
On March 30th, 2018, the Government of Puerto Rico enacted Law Num. 85-2018, known as the Puerto Rico Education Reform Law (the “Law”). The Law is comprehensive in nature, and designed to loosen many of the bureaucratic ills that have stymied the island’s public education system for many years. It […]
Off to the Races in Title IX: What Colleges and Universities Need to Know Now About the Proposed New Title IX Rules
By Debbie Osgood and Linh Nguyen The U.S. Department of Education has released its much anticipated proposal to amend the regulations implementing Title IX and specifically the regulatory requirements relating to the obligations of colleges and universities to respond to sexual harassment. The press release and rulemaking documents are available […]
Legal Alert: Court Denies Preliminary Injunction in Borrower Defense Litigation (CAPPS v. DeVos)
By Linh T. Nguyen and Dennis M. Cariello U.S. District Court Judge Randolph Moss has denied California Association of Private Postsecondary Schools (“CAPPS”)’ renewed motion for a preliminary injunction to enjoin certain provisions of the 2016 Borrower Defense to Repayment (“BDR”) Final Regulations. In denying a preliminary injunction, Judge Moss […]
Website Compliance for Higher Education in the U.S. under the GDPR
By Linh Nguyen and Sheila Sokolowski. Welcome to the second HMBR series of FAQs developed to inform colleges and universities in the United States about how various activities may bring them under the jurisdiction of European Union (EU) data protection authorities. This series focuses on website compliance and should be […]
Federal Student Aid: Instructions for Not-for-Profit Institutions
With the Financial Accounting Standards Board (FASB) issuance of Accounting Standards Update (ASU) 2016-14, the Federal Student Aid Office of the Department of Education has issued instructions for Not-for-Profit Institutions to Input Financial Statement Data into the eZ-Audit System. For more information on the updates and instructions for data entry, […]