In his first two weeks in office, President Donald Trump has issued several executive orders affecting educational institutions. One order, signed Jan. 29, 2025, “Ending Radical Indoctrination in K-12 Schooling,” targets...more
As McGuireWoods explained in previous alerts, the U.S. Supreme Court’s landmark decision in Students for Fair Admissions v. President & Fellows of Harvard College (SFFA) left open several questions on its impact on higher...more
In the wake of the newly adopted Biden-era Title IX regulations, one question that continues to prompt debate among educational institutions and courts alike is whether employees can sue their employers under Title IX of the...more
Institutions of higher education have seen a rise in student unionization under the National Labor Relations Act (NLRA). As part of this process, educational institutions often are required to disclose student-related...more
On April 4, 2024, the U.S. Court of Appeals for the Fifth Circuit issued its opinion in CCST v. U.S. Dept. of Education, reversing the order of the U.S. District Court for the Western District of Texas, and granting a...more
On March 27, 2024, in a long-awaited decision that carries major implications for 501(c)(3) organizations and independent schools, the Fourth Circuit held that an independent school’s 501(c)(3) tax-exempt status did not...more
Education institutions at both the K-12 and higher education levels have grappled with complex First Amendment and anti-discrimination issues since the events occurring in Gaza in October 2023. A new lawsuit in the U.S....more
On April 6, 2023, the U.S. Supreme Court and the U.S. Department of Education addressed the treatment of transgender students in sports.
Specifically, in West Virginia, et al. v. B.P.J., by her next friend and mother,...more
On March 2, 2023, the U.S. Department of Education announced it will hold individuals representing corporations or other legal entities, including a member of the board of directors or a chief executive officer, personally...more
Historically, most independent schools have not been subject to Title IX of the Education Amendments Act of 1972 because they do not accept federal funds. As a result, many independent schools carefully evaluate whether to...more
Schools should be aware of several notable developments in the application and enforcement of Title IX. These developments include a federal decision on the most recent 2020 amendments to the Title IX regulations, a letter...more