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Decision on Race-Based Admissions in K-12 May Serve as National Guide

On Jan. 24, 2022, the U.S. Supreme Court agreed to hear two cases on the use of race in undergraduate admissions. Just one month later, federal district courts were already beginning to hear challenges to similar programs...more

U.S. Department of Education Officially Asserts Authority over Income Share Agreements

On March 2, 2022, the U.S. Department of Education’s Office of Federal Student Aid (FSA) for the first time asserted regulatory authority over income share agreements (ISAs) as private education loans. FSA issued an...more

Student Athletes File NLRB Charges Claiming Employee Status

As McGuireWoods reported previously, on Feb. 3, 2022, the U.S. Court of Appeals for the Third Circuit agreed to hear an interlocutory appeal on the question of whether Division I student athletes can be employees of their...more

D.C. Modifies the Paid Family Leave and Local FMLA Laws

On Oct. 1, 2021, the D.C. City Council expanded the local Paid Family Leave law and the D.C. Family and Medical Leave Act (D.C. FMLA). The new laws entitle employees to three times as much paid medical leave and a new...more

NLRB General Counsel Memo Announces Initiative to Treat College Athletes as Employees

On Sept. 29, 2021, the National Labor Relations Board (NLRB) general counsel issued General Counsel Memorandum GC 21-08, in which she announces that she believes certain college student-athletes are “employees” under the...more

DOJ Title IX Investigation Leads to $1.6M Agreement with San Jose State University

The Department of Justice’s Civil Rights Division, the U.S. Attorney’s Office for the Northern District of California, and San Jose State University (SJSU) settled the government’s Title IX investigation into a decade’s worth...more

Income Share Agreements – Risks, Rewards, and Regulators

An Income Share Agreement (ISA) is a contract in which a lender gives a student money for education, and in return, the student promises to pay the ISA-provider a fixed percentage of the student’s income for a set amount of...more

More Changes to College Athlete Compensation

Less than two weeks after the U.S. Supreme Court’s significant decision in NCAA v. Alston, college athletes secured yet another win in their prospects for compensation. The NCAA recently announced a new interim policy...more

Changes Ahead for College Sports

On June 21, 2021, the U.S. Supreme Court issued a historic opinion concerning the NCAA and its policies on student-athlete compensation. The Court’s ruling signals potentially drastic changes to come in the NCAA’s...more

Public Hearings: Title IX Rule and Discrimination Based on Sexual Orientation, Gender Identity

On May 17, 2021, the U.S. Department of Education’s Office for Civil Rights (OCR) announced that public hearings on the Title IX final rule defining sexual harassment as a form of sex discrimination will be held virtually...more

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