News & Analysis as of

Educational Institutions Comment Period

McGuireWoods LLP

Department of Education Seeks Input on Expanding Scope of Integrated Postsecondary Education Data System

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On Aug. 7, 2025, President Donald Trump issued a presidential memorandum entitled “Ensuring Transparency in Higher Education Admissions,” directing the Secretary of Education to “expand the scope of required Integrated...more

Miller Canfield

U.S. Department of Education Proposes New Title IX Rules on Transgender Student-Athletes

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On April 6, 2023, the Department of Education Office for Civil Rights (“OCR”) issued a Notice of Proposed Rulemaking relating to Title IX, a federal law prohibiting sex discrimination in federally funded programs. 20 U.S.C....more

Carlton Fields

Biden Administration Seeks to Prohibit Blanket Ban on Transgender Student Athletes

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Transgender athletes’ participation in school sports has been an area of focus for governing bodies like the National Collegiate Athletic Association and the Connecticut Interscholastic Athletic Conference, as well as state...more

Hogan Lovells

THIS WEEK: ED hosts listening sessions on bundled services exception to incentive compensation rule

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On March 8 and 9, the U.S. Department of Education (ED) will host virtual listening sessions to receive public comment on the incentive compensation rule. ED will accept written comments through March 16, per the Federal...more

Cooley LLP

ED Proposes Significant Amendments to Change in Control and 90/10 Regulations

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*COMMENTS DUE THIS WEEK* On July 28, 2022, the US Department of Education (ED) published a Notice of Proposed Rulemaking (NPRM) to amend its 90/10 and change of ownership and control regulations. ED is accepting...more

Franczek P.C.

60-Day Public Comment Period for Proposed Title IX Regulations Begins

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As we discussed in a previous alert, the Biden administration recently released its proposed Title IX regulations. Today, the administration published the proposed regulations in the Federal Register, beginning the 60-day...more

Steptoe & Johnson PLLC

With New Title IX Regulations Looming, Now Is the Time to Prepare Your Institution

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

Franczek P.C.

OCR Issues Request for Information Regarding Nondiscriminatory Administration of School Discipline

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Recently, the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued a Request for Information that asks members of the public to submit written comments regarding the administration of school discipline in...more

Fisher Phillips

What Employers And Educational Institutions Need To Know About EEOC’s Proposed Guidance On Religious Discrimination

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The EEOC recently released a draft of its updated guidance on religious discrimination, which – if adopted and finalized – could alter the legal standards applied in workplace disputes for the nation’s employers generally and...more

Franczek P.C.

Proposed Regulations Would Ease Access to Public Funds for Faith-Based Colleges

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The White House recently announced two initiatives aimed at addressing perceived discrimination in education against students and institutions based on religion. We address the first of those initiatives, relating to prayer...more

Jackson Lewis P.C.

House Seeks To Block Proposed Amendments To Title IX Regulations

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Four congresspersons have introduced legislation in the House of Representatives aiming to block the Department of Education’s proposed amendments to the Title IX regulations on how colleges and universities must handle...more

Bond Schoeneck & King PLLC

Proposed Rule Would Preclude Undergraduate and Graduate Students from Union Organizing

On September 23, 2019, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking that addresses the long-standing issue of whether undergraduate and graduate students who perform services for...more

Fisher Phillips

Grad Students Cannot Unionize Under Proposed NLRB Rule

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The National Labor Relations Board took the latest step in the long-simmering debate over whether college teaching and research assistants could unionize when it released a proposed rule on Friday that would once again block...more

Harris Beach Murtha PLLC

Calling All Campuses: NLRB Proposes New Rule to Block College Student Labor Unions

In an effort to resolve a hotly debated legal issue spanning decades for private college and university employers, the National Labor Relations Board (NLRB) recently released a proposed rule that would effectively block...more

Littler

NLRB Issues Proposed Rule to Clarify Status of Private University and College Students Working in Connection with Their Studies

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On September 20, 2019, the National Labor Relations Board (Board) issued a proposed rule that would exclude from the National Labor Relations Act (Act) undergraduate and graduate students at private colleges and universities...more

Proskauer - Labor Relations Update

NLRB Proposes Rule to Settle Once and For All: Student Teaching and Research Assistants Are Not “Employees”

As anticipated, today the National Labor Relations Board published a Notice of Proposed Rulemaking (“NPRM”) proposing a regulation which would establish that students at private colleges and universities who perform any...more

Troutman Pepper Locke

NLRB Proposes Regulation to Prevent Students From Organizing

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As we discussed in an earlier client alert, the National Labor Relations Board announced in May that it would be issuing proposed rules that would establish a “standard for determining whether students who perform services at...more

Faegre Drinker Biddle & Reath LLP

U.S. Department of Education Issues Proposed Rule to Revise Accreditation Regulations

On June 12, 2019, the U.S. Department of Education (the “Department”) issued a Notice of Proposed Rulemaking (the “Proposed Rule”) to revise its regulations governing the recognition of accrediting agencies for postsecondary...more

Cooley LLP

Blog: California VA Agency Extends Comment Period

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As covered in a prior post, the California agency responsible for approving institutions to provide Veterans funds to students, the California State Approving Agency (CSAAVE), has issued a notice of proposed rulemaking that...more

Hogan Lovells

Public comment on Department of Education's proposed Title IX rules due January 30

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On November 29, 2018 the U.S. Department of Education (ED) published in the Federal Register a notice of proposed rulemaking (NPRM) to amend ED's regulations implementing Title IX of the Education Amendments of 1972 (Title...more

Stinson LLP

Department of Education Proposes New Title IX Regulations Governing Sexual Harassment and Assault

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On November 16, 2018, the U.S. Department of Education proposed a new rule under Title IX, the 1972 federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities that receive...more

Holland & Knight LLP

Newly Proposed Title IX Regulations Promise Sweeping Changes

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• The U.S. Department of Education (Department) on Nov. 16, 2018 proposed sweeping changes to the regulations implementing Title IX, the federal law prohibiting sexual harassment and sex discrimination. • The newly...more

Brownstein Hyatt Farber Schreck

The FCC Moves Forward with Potential New 911 Obligations for Hotels and Offices

The Federal Communications Commission will seek public comment on proposed new rules to require that 911 calls made from hotels, offices and campuses automatically include precise location information, such as room or floor...more

McGuireWoods LLP

Private Colleges Catch a Break

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In Notice 2018-55, the IRS provided private colleges and universities subject to the GOP tax law’s 1.4 percent endowment tax with much-needed relief. According to the notice, when colleges sell property, they will only have...more

Miller Canfield

Department of Education Rescinds Obama Era Guidance on Sexual Harassment & Provides Interim Rules

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The U.S. Department of Education Office of Civil Rights ("OCR") this morning formally rescinded its April 4, 2011, Dear Colleague Letter as well as the April 29, 2014, Questions and Answers on Title IX and Sexual Violence....more

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