Headlines this week largely focused on the Department of Education, and rightfully so. As announced on Tuesday, President Trump’s administration terminated over 1,300 Department of Education employees this week – nearly 50%...more
3/18/2025
/ Civil Rights Act ,
Dear Colleague Letter ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Funding ,
OCR ,
Title IX ,
Trump Administration ,
Universities
We reported last week that the pace of executive orders coming from the new presidential administration had begun to slow. While, overall, the rate does still appear to be slowing, this week has been a notable one....more
3/11/2025
/ Anti-Discrimination Policies ,
Dear Colleague Letter ,
Department of Education ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Harassment ,
NLRB ,
OCR ,
Title IX ,
Title VI ,
Trump Administration
As we shared in a previous alert, in early February, President Trump issued an Executive Order titled “Keeping Men Out of Women’s Sports,” which restricts transgender women and girls from participating in women’s athletic...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
The start of a new year may prompt questions regarding hot button areas of the law in flux. We have received questions about several such issues and what they mean for educators. Title IX, immigration enforcement, and school...more
1/17/2025
/ Civil Rights Act ,
Department of Education ,
Educational Institutions ,
FERPA ,
Immigration and Customs Enforcement (ICE) ,
Private Schools ,
Public Schools ,
Sexual Harassment ,
State Legislatures ,
Title IX ,
Universities
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
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
On April 6, the Department of Education Office for Civil Rights (OCR) released its much-anticipated proposed Title IX rule on the eligibility of students for participation in athletic programs based on their gender identity....more
4/17/2023
/ Biden Administration ,
Department of Education ,
Education Reform ,
Educational Institutions ,
Federal Funding ,
Gender Discrimination ,
Gender Identity ,
OCR ,
Proposed Rules ,
Public Schools ,
Regulatory Agenda ,
Sports ,
Student Athletes ,
Students ,
Title IX ,
Transgender
You may have noticed while skimming through the new Title IX proposed regulations that there are now seemingly two grievance procedures to address Title IX complaints instead of one. You’ll recall that the current 2020...more
7/1/2022
/ Biden Administration ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender Identity ,
Gender-Based Violence ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Sexual Violence Policies ,
Students ,
Title IX
The U.S. Department of Education, Office of Special Education and Rehabilitative Services (OSERS) published a Question and Answer document to advise school districts on returning to in-person instruction. The OSERS Q&A...more
10/21/2021
/ Coronavirus/COVID-19 ,
Department of Education ,
Distance Learning ,
Educational Institutions ,
Free Appropriate Public Education (FAPE) ,
Individualized Education Programs (IEPs) ,
Infectious Diseases ,
New Guidance ,
Public Health ,
Special Education ,
Students
The U.S. Department of Education recently issued guidance on the use of Higher Education Emergency Relief Fund (HEERF) funds under the Coronavirus, Aid, Relief, and Economic Security (CARES) Act....more
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
The U.S. Department of Education (ED) recently issued a “Supplemental Fact Sheet” updating its earlier Questions & Answers and Fact Sheet on coronavirus disease 2019 (COVID-19) and clarifying that schools should not refrain...more
A recent Department of Education inquiry regarding transfers of guardianship of college-aged students in Illinois is making news across the country. The Department’s Office of the Inspector General is looking into the...more
Most changes we’ve seen from the U.S. Department of Education (Department) these past two-and-a-half years have dealt with sex, gender, race, color, and national origin—not disability—and most have reduced federal oversight,...more
In an opinion issued last week, the Seventh Circuit Court of Appeals decided in favor of a transgender student who challenged his high school’s decision to limit his access to boys’ communal bathrooms. ...more
6/9/2017
/ Department of Education ,
Educational Institutions ,
Equal Protection ,
Gender Identity ,
LGBTQ ,
Public Schools ,
Restroom Legislation ,
School Restrooms ,
Sex Discrimination ,
Students ,
Title IX ,
Transgender
The wait for a final resolution of the legal issues surrounding transgender students will be extended as the result of a decision yesterday by the United State Supreme Court in the landmark case, Gloucester County School Bd....more
3/8/2017
/ Dear Colleague Letter ,
Department of Education ,
Gender Identity ,
Gloucester County School Board v G.G. ,
LGBTQ ,
Public Schools ,
Remand ,
School Restrooms ,
SCOTUS ,
Sex Discrimination ,
Title IX ,
Transgender ,
Trump Administration
The U.S. Department of Justice (DOJ) and Department of Education (DOE) jointly issued a statement rescinding the guidance on transgender students’ rights under Title IX issued to school districts nationwide in May. The prior...more
2/23/2017
/ Civil Rights Act ,
Department of Education ,
Department of Justice (DOJ) ,
Discrimination ,
Educational Institutions ,
Gender Discrimination ,
Gender Identity ,
Gloucester County School Board v G.G. ,
LGBTQ ,
Restroom Legislation ,
School Restrooms ,
SCOTUS ,
Sexual Orientation Discrimination ,
Students ,
Title IX ,
Transgender ,
Trump Administration
On Friday, the Trump administration signaled that it will not defend the guidance given by the U.S. Department of Justice (DOJ) and Department of Education (DOE) last May on transgender students’ rights under Title IX of the...more
2/13/2017
/ Department of Education ,
Department of Justice (DOJ) ,
Discrimination ,
Educational Institutions ,
Gloucester County School Board v G.G. ,
LGBTQ ,
Public Schools ,
School Restrooms ,
SCOTUS ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title IX ,
Transgender ,
Trump Administration
Amidst a recently intensified national debate regarding support for transgender students in schools, the U.S. Department of Justice (DOJ) and Department of Education (DOE) today issued new guidance setting out guidelines for...more
5/16/2016
/ Dear Colleague Letter ,
Department of Education ,
Department of Justice (DOJ) ,
Educational Institutions ,
Gender Discrimination ,
Gender Identity ,
LGBTQ ,
Reasonable Accommodation ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Students ,
Title IX ,
Transgender