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New Executive Order Aims to End “Radical Indoctrination” in K-12 Schools

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

Eleventh Circuit Addresses Implied Right of Action Under Title IX for Employees’ Sex Discrimination Claims

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

NLRB Issues Guidance for Academic Institutions on Labor and Privacy Laws

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

8/23/2024  /  Educational Institutions , FERPA , NLRA , NLRB , Unions

Fourth Circuit: School’s 501(c)(3) Status Does Not Constitute Federal Financial Assistance for Title IX Purposes

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 Grapple With Overlap of First Amendment and Anti-Discrimination Laws

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

College Legacy Admission Preferences Called Into Question in New Challenge

On July 3, 2023, just days after the U.S. Supreme Court’s landmark decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), a new challenge is arising related to collegiate admissions....more

Tenure Elimination Gains Traction in Texas

For over 100 years, tenure has provided the security of an indefinite academic appointment to professors across the United States. Tenure is a lifetime contract between institutions of higher education and their faculty that...more

Recent Court Opinions Suggest Independent Schools May Be Subject to Title IX

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

Title IX Updates Part 2: Informal Resolution, Investigations and Training

On May 6, 2020, the Department of Education (DOE) issued the long-awaited final Title IX regulations, which go into effect Aug. 14, 2020. This tight timeline will mean a lot of policy and procedure changes for many schools in...more

Title IX Updates: What’s New and What You Need to Do About It (Part 1)

On May 6, 2020, the Department of Education (DOE) issued the long-awaited final Title IX regulations, which go into effect Aug. 14, 2020. This tight timeline will mean a lot of policy and procedure changes for many schools in...more

COVID-19: With Students Safely Home, What’s Next for Educational Institutions?

Having sent students home, what do colleges, universities and K-12 schools need to do now – today, tomorrow and over the next few days? Obviously, the most important issues are safety, doing the right thing, communicating...more

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