The Trump administration has deluged higher education with an avalanche of executive orders, Dear Colleague letters, and social media posts since January 20. Advocacy groups have responded with litigation in dozens of courts...more
On March 20, President Donald Trump issued Executive Order entitled Improving Education Outcomes by Empowering Parents, States, and Communities, directing Secretary of Education Linda McMahon to take all necessary steps to...more
As has been widely reported in the national media, on June 29, 2023, the United States Supreme Court, in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), invalidated the affirmative action...more
7/13/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Department of Education ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Regulatory Standards ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII ,
Universities
The release by the Department of Education of preliminary proposed new rules regulating the implementation of Title IX requirements on campuses across the country has received extensive attention. The proposed new rules are...more
The United States Supreme Court holding in Carson v. Makin could result in public assistance for religiously affiliated institutions of higher education. The Court ruled that Maine’s tuition assistance program is an...more
6/30/2022
/ Carson v Makin ,
Constitutional Challenges ,
Educational Institutions ,
Espinoza v Montana Department of Revenue ,
Establishment Clause ,
First Amendment ,
Free Exercise Clause ,
No Aid Clause ,
Private Schools ,
Public Schools ,
Religious Schools ,
SCOTUS ,
Tuition
In an apparent reversal of a Memorandum issued late in the term of the prior administration, the U.S. Department of Education has issued an interpretation of Title IX, emphasizing that the law prohibits discrimination based...more
There are a number of unanswered questions regarding the recently updated Title IX ("TIX") regulations. However, the Kentucky Bar Association (KBA) has answered one of them—does a non-attorney who represents a party as an...more
The March 3rd release of Louisiana State University’s (LSU) Title IX Review exposed wide-ranging compliance failures of the University. According to that review, LSU’s Title IX program (a) was woefully understaffed, (b)...more
Institutions of Higher Education need to consider new approaches to Title IX compliance. We recommend proactive, periodic, non-incident related, and targeted operational compliance audits to get in front of Title IX issues...more
A recent federal court decision in Louisiana suggests that Title IX requires institutions of higher education to treat fraternities and sororities equally. While Title IX generally involves cases of sexual assaults on campus,...more