Last week marked President Trump’s 100th day in office for his second term. As we have reported over the course of the past few months, the first 100 days of the second Trump administration have been active, with many new...more
5/5/2025
/ Constitutional Challenges ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employer Responsibilities ,
Employment Discrimination ,
Enforcement Actions ,
Executive Orders ,
Government Agencies ,
NLRB ,
Regulatory Reform ,
Title IX ,
Trump Administration ,
Universities
On Wednesday, April 23, 2025, President Trump issued several Executive Orders targeting various elements of his policy agenda. Below, we discuss orders that aim to eliminate the use of disparate-impact liability under Title...more
We took the week off from our Week in Review alert last week as it was a (relatively) slow week. However, as it tends to happen after a slow week, developments picked back up this week....more
It is no secret that whenever there is a change in the Oval Office it is common for the incoming administration to implement quick and widespread changes to effectuate campaign promises. Indeed, in modern times, newly elected...more
1/31/2025
/ Department of Education ,
Educational Institutions ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Funding ,
Gender Identity ,
NLRB ,
Presidential Appointments ,
Regulatory Agenda ,
Title VII ,
Trump Administration
On January 20, 2025, one of President Trump’s first actions as the president of the United States was signing an Executive Order proclaiming that the U.S. government only recognizes two sexes: male and female. The order goes...more
1/22/2025
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Department of Education ,
Discrimination ,
Equal Protection ,
Executive Orders ,
Gender Identity ,
Harassment ,
LGBTQ ,
Sex Discrimination ,
Title IX
On Thursday, January 9, 2025, Judge John C. Reeves of the Eastern District of Kentucky issued an opinion and order vacating the Final Rule that implemented the 2024 Title IX Regulations. The decision by Judge Reeves has the...more
Schools throughout the country are preparing to implement the U.S. Department of Education Office for Civil Rights’ (“OCR”) long-awaited final 2024 Title IX regulations. These new regulations, which replace the 2020...more
8/2/2024
/ Anti-Discrimination Policies ,
Colleges ,
Department of Education ,
Discrimination ,
Educational Institutions ,
Illinois ,
LGBTQ ,
New Regulations ,
OCR ,
School Districts ,
Sex Discrimination ,
Title IX ,
Universities
Earlier this morning, the Department of Education Office for Civil Rights released its long-awaited final Title IX regulations on sexual harassment. These new regulations, which replace the 2020 rules, will take effect on...more
The Public Access Counselor (“PAC”) recently issued its Annual Report, which provides an overview of binding PAC opinions and non-binding determination letters issued in 2022, among other topics. We reported on several of the...more
As we discussed in a previous alert, the Biden administration recently released its proposed Title IX regulations. Today, the administration published the proposed regulations in the Federal Register, beginning the 60-day...more
7/12/2022
/ Biden Administration ,
Comment Period ,
Department of Education ,
Educational Institutions ,
Gender-Based Violence ,
Regulatory Agenda ,
Regulatory Reform ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX
Earlier this year, we launched a multi-part series where we provide a refresher on the key players on the Title IX team under the current 2020 regulations. While we wait for the Biden administration to release their proposed...more
As a presidential candidate, now-President Biden promised that he would put a “quick end” to the Trump administration’s 2020 Title IX rules. Aiming to keep that promise, the Department of Education announced its intention to...more
12/14/2021
/ Biden Administration ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Rape ,
Regulatory Reform ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX
The U.S. Department of Education recently released Volume 3 of its COVID-19 Handbook, which provides higher education institutions with strategies for reopening for in-person instruction and implementing the most recent CDC...more
Recently, the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued a Request for Information that asks members of the public to submit written comments regarding the administration of school discipline in...more
Recently, the U.S. Department of Education (ED) replaced the 2016 Clery Act Handbook (Handbook) with the new Clery Act Appendix for FSA Handbook (Appendix). The Appendix rescinds previous ED guidance interpreting Clery Act...more
As you are all well aware by now, the U.S. Department of Education recently issued its final Title IX regulations. While we continue to wade through the over 2,000-page document issued by the ED (consisting of the new...more
5/21/2020
/ Colleges ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Non-Discrimination Rules ,
OCR ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Training Requirements ,
Universities
One of the biggest changes from the new Title IX regulations issued by the Department of Education last week is that, beginning in August 2020, OCR’s complaint findings will be based on standards very similar to those used by...more
5/20/2020
/ Colleges ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
OCR ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
After almost one-and-a-half years since issuing its original proposed rule, the U.S. Department of Education has issued final Title IX regulations effective August 14, 2020. Although analyzing the changes will take some time,...more
5/8/2020
/ Colleges ,
Department of Education ,
Deregulation ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
OCR ,
Regulatory Oversight ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
Since the beginning of the COVID-19 pandemic, no formal flexibility has been granted to schools to deviate from State and federal special education requirements. ...more
As the issues related to the mandated school closures in response to the COVID-19 crisis continue to rapidly evolve, the Governor extended the closure through April 7, and in all likelihood, Illinois schools will remain...more
3/31/2020
/ Act of God ,
Business Closures ,
Coronavirus/COVID-19 ,
Department of Education ,
Disciplinary Proceedings ,
Emergency Management Plans ,
FERPA ,
IDEA ,
ISBE ,
School Closures ,
Special Education ,
Student Enrollment ,
Student Records ,
Students
In the wake of Governor Pritzker’s recent order requiring all Illinois schools to close between March 17 and March 30, many schools and school districts have been left guessing how to best serve students with disabilities and...more
3/17/2020
/ Attendance ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Department of Education ,
Distance Learning ,
Educational Institutions ,
Free Appropriate Public Education (FAPE) ,
IDEA ,
Individualized Education Programs (IEPs) ,
Infectious Diseases ,
ISBE ,
Public Health ,
School Closures ,
School Districts ,
Special Education ,
State and Local Government ,
Students
The Title IX world is abuzz with expectation about the release of regulations from the U.S. Department of Education’s Office for Civil Rights. The general consensus is that even if the Department makes some changes based on...more
12/10/2019
/ Clery Act ,
Colleges ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Failure to Comply ,
Gender-Based Violence ,
Proposed Rules ,
Rulemaking Process ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Statutory Violations ,
Students ,
Title IX ,
Universities ,
VAWA