The U.S. Department of Justice (DOJ) announced on May 19, 2025, that it would use the False Claims Act (FCA) against institutions and contractors receiving federal funding that "knowingly" violate federal civil rights laws...more
Holland & Knight previously explained how injunctions issued in many states blocked enforcement of 2024 Title IX regulations in those states (a list that eventually grew to 26 states) and how a Kansas federal district court's...more
Holland & Knight previously explained how a Kansas federal district court's unique injunction against the U.S. Department of Education's (Department) enforcement of the 2024 Title IX regulations impacted schools nationwide....more
A federal district court in Kansas enjoined the U.S. Department of Education's (Department) enforcement of the 2024 Title IX regulations in a unique manner that impacts educational institutions nationwide. The decision...more
7/19/2024
/ Department of Labor (DOL) ,
Educational Institutions ,
Enforcement ,
Gender Identity ,
Pending Litigation ,
Preliminary Injunctions ,
Public Schools ,
Sexual Harassment ,
State Attorneys General ,
Title IX ,
Transgender
As it promised in June, the Biden Administration published much-anticipated federal guidance on higher education admissions on Aug. 14, 2023. The U.S. Department of Education's Office for Civil Rights (ED) and U.S. Department...more
8/24/2023
/ Affirmative Action ,
Biden Administration ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Dear Colleague Letter ,
Department of Education ,
Diversity ,
Educational Institutions ,
New Guidance ,
Students for Fair Admissions v Harvard College ,
Universities
In a historic ruling on June 29, 2023, the U.S. Supreme Court held that the race-conscious admissions policies of Harvard College and the University of North Carolina at Chapel Hill (UNC) are unconstitutional. A copy of the...more
6/30/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Universities
In an effort to remind school officials of their obligations to protect student privacy, the U.S. Department of Education (ED) has issued guidance on the Family Educational Rights and Privacy Act (FERPA) that focuses on the...more
4/27/2023
/ Colleges ,
Department of Education ,
Educational Institutions ,
FERPA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Sharing ,
Medical Records ,
New Guidance ,
PHI ,
Public Schools ,
Student Privacy ,
Student Records ,
Students ,
Universities
Massachusetts Gov. Charlie Baker signed on Jan. 12, 2021, landmark legislation addressing sexual violence on college and university campuses. The new law is the state's version of Title IX, the federal law prohibiting sex...more
1/18/2021
/ Clery Act ,
Colleges ,
Educational Institutions ,
Gender-Based Violence ,
Governor Baker ,
New Legislation ,
Preemption ,
Sexual Assault ,
Sexual Violence Policies ,
Title IX ,
Universities
After a lengthy notice and comment process and much anticipation, new Title IX regulations were issued by the U.S. Department of Education on May 6, 2020. The regulations comprise approximately 25 pages, and the preamble to...more
5/15/2020
/ Colleges ,
Dear Colleague Letter ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Federal Funding ,
Gender-Based Violence ,
OCR ,
Rape ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
The fluid and fast-changing impact of the new coronavirus (COVID-19) has left institutions of higher education (IHEs) scrambling to address unexpected legal issues. This guidance addresses some of their more frequently asked...more
3/18/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Colleges ,
Commercial Contracts ,
Contract Terms ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Educational Institutions ,
Emergency Management Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Housing Act (FHA) ,
Family and Medical Leave Act (FMLA) ,
FERPA ,
Force Majeure Clause ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
OSHA ,
PHI ,
Public Accommodation ,
Public Health ,
Quarantine ,
Reporting Requirements ,
Risk Management ,
School Closures ,
Student Privacy ,
Universities ,
Vendors ,
Workers' Compensation Claim
Two divisions of the federal government have weighed in on the recent legal controversies surrounding accommodations for transgender students. The U.S. Department of Education's Office for Civil Rights (OCR) and the U.S....more
5/18/2016
/ Dear Colleague Letter ,
Department of Justice (DOJ) ,
Educational Institutions ,
FERPA ,
Gender Discrimination ,
Gender Identity ,
LGBTQ ,
OCR ,
Reasonable Accommodation ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Students ,
Title IX ,
Transgender
A key section of the comprehensive federal legislation passed last year to prevent and address violence against women on campuses nationally takes effect this month. It is critical for educational institutions to understand...more