News & Analysis as of

Educational Institutions Disclosure Requirements

Troutman Pepper Locke

CSC Publishes New Guidance for NIL Deal Review

Troutman Pepper Locke on

On July 10, the College Sports Commission (CSC) published guidance on its website setting out additional information concerning the criteria for evaluating student-athlete NIL deals....more

Tucker Arensberg, P.C.

Office of Open Records Holds That Certain Records of a Booster Group Are Not Records of the School District

Tucker Arensberg, P.C. on

Lowry v. Rose Tree Media School District, AP 2024-2478 (Dec. 5, 2024). The Office of Open Records holds that registration forms for a cross-country meet that was organized and run by a booster group on school district...more

DLA Piper

DCSA Updates SF-328 for Cleared US Government Contractors and Academic Institutions

DLA Piper on

The Defense Counterintelligence and Security Agency (DCSA) announced the approval of updates made to the Certificate Pertaining to Foreign Interests, or Standard Form (SF) 328, on May 7, 2025. This revised form requires more...more

Holland & Knight LLP

Education Dept. Prioritizes Foreign Gifts and Contracts Enforcement for Colleges, Universities

Holland & Knight LLP on

The Trump Administration stated last week that it will prioritize compliance and enforcement against colleges and universities with respect to the U.S. Department of Education (ED)'s foreign gift, contract and ownership...more

Wiley Rein LLP

Trump Issues Executive Order Aimed at Foreign Influence on American Campuses

Wiley Rein LLP on

On April 23, 2025, President Trump signed an Executive Order aimed at increasing transparency with respect to foreign funding at U.S. colleges and universities. This move comes in response to what the Administration has...more

Akin Gump Strauss Hauer & Feld LLP

Transparency Regarding Foreign Influence at American Universities (Trump EO Tracker)

The Order requires the Secretary of Education to take all appropriate actions to ensure complete and timely disclosure by higher education institutions of foreign funding. The Secretary will take appropriate steps to reverse...more

Holland & Knight LLP

Colleges and Universities Must Report Certain Foreign Gifts and Contracts

Holland & Knight LLP on

In light of recent enforcement activity, institutions of higher education should review their reporting and disclosure obligations related to foreign entities and individuals under Section 117 of the Higher Education Act (20...more

Allen Matkins

The Possible Securities Act Implications Of Harvard's "Nyet" To Government Civil Rights Reform Demands

Allen Matkins on

Last week, the United States General Services Administration, Department of Education, and Department of Health and Human Services sent a letter to Alan M. Garber, the President of Harvard University, and Penny Pritzker, Lead...more

Eversheds Sutherland (US) LLP

Film Room - third-party NIL fundamentals, public company considerations, and today’s institutional actions that preserve...

We’ll take the opportunity offered by a (rare) slow week in college athletics legal and regulatory news to further examine public company third-party NIL, assuming House settlement. For the highest-resourced institutions...more

Marshall Dennehey

Federal ‘Stop Campus Hazing Act’ Signed into Law

Marshall Dennehey on

The federal bipartisan Stop Campus Hazing Act, an amendment to the Jeanne Clery Act, was signed into law by President Joe Biden on December 24, 2024....more

Spilman Thomas & Battle, PLLC

Decoded Technology Law Insights, V 6, Issue 1, January 2025

Welcome to our sixth volume and first issue of 2025 of Decoded - our technology law insights e-newsletter. We have been publishing for six years and could not continue without our committed readers and your insights....more

Fox Rothschild LLP

Stop Campus Hazing Act: First Federal Anti-Hazing Law Creates New Reporting Requirements for Higher Ed Institutions

Fox Rothschild LLP on

The Stop Campus Hazing Act, which went into effect on Jan. 1, 2025, now requires higher education institutions to collect hazing statistics to include in their 2026 Annual Security Report, among other new reporting and...more

Littler

NLRB General Counsel Suggests How Colleges and Universities Can Satisfy NLRA Disclosure Obligations Without Violating FERPA

Littler on

Colleges and universities that employ their own students face conflicts about how to protect student information, as required by the Family Educational Rights and Privacy Act (FERPA), while disclosing information about...more

Proskauer - Labor Relations Update

NLRB GC Abruzzo Issues Guidance to Academic Institutions Addressing Conflicting Obligations under Labor and Student Privacy Laws

Earlier this week, the National Labor Relations Board General Counsel Jennifer Abruzzo issued Memorandum GC 24-06 seeking to clarify the obligations imposed by the National Labor Relations Act (NLRA) on academic institutions...more

BakerHostetler

Division I Council Approves NIL Disclosure and Transparency Rules, Introduces New Proposals for School Involvement

BakerHostetler on

This month, the NCAA Division I Council approved a proposal to address student-athlete protections related to name, image and likeness (NIL) deals. The proposal will become effective August 1....more

Patterson Belknap Webb & Tyler LLP

January 2024 Legislative Round Up

Recent bills in the U.S. House of Representatives and Senate demonstrate legislators’ concerns about several issues related to nonprofits, including: (1) admissions practices at institutions of higher education; (2)...more

Perkins Coie

New Risk-Based Security Requirements for Federally Funded Research at US Institutions of Higher Education

Perkins Coie on

International cooperation and welcoming foreign academics are critical to the success and leadership of U.S. institutions of higher education. These interactions enhance fundamental scientific research and promote the...more

Health Care Compliance Association (HCCA)

NSF, OSTP Begin Implementing ‘CHIPS’ Act; Institutions Face New Security Requirements

Report on Research Compliance 19, no. 10 (October, 2022) - What is a malign foreign government talent recruitment program and why does it matter? This is a term with which research compliance officials managing federal...more

TNG Consulting

Part II of IV: Faculty and Staff Experiences and Perceptions of Mandated Reporting (MR)–The Survey

TNG Consulting on

In the first Blog entry—“Why Care about Faculty and Staff Experiences and Perceptions of Mandated Reporting (MR)?”—the authors made the argument that evaluating the merits of compelled disclosure policies requires a deep dive...more

Harris Beach Murtha PLLC

Recent NYSED Decision Underscores Need for School Districts to Protect Data Privacy

School districts must consider the sanctity and privacy of data they maintain, as a recent decision underscores from the New York State Education Department’s Office of the Chief Privacy Officer. This alert explains the...more

Miles & Stockbridge P.C.

Disclosure Crucial to Thousand Talents Investigations

China employs its Thousand Talents Program (“TTP”) to recruit overseas academic and scientific talent to work in China by promising research funding from the Chinese government and, occasionally, compensation. TTP has drawn...more

Perkins Coie

US Department of Education Scrutinizes Foreign Investment Into Higher Education

Perkins Coie on

The U.S. Department of Education (DOE) recently launched investigations into at least a half dozen top research institutions for failing to disclose foreign-sourced gifts or contracts. Under section 117 of the Higher...more

Hogan Lovells

U.S. Department of Education withdraws proposed Section 117 foreign gift and contract information collection request; plans to...

Hogan Lovells on

On 4 February 2020, the Office of Management and Budget (OMB) announced that OMB and the U.S. Department of Education (ED) have decided to withdraw the emergency information collection request that ED had submitted to OCR on...more

Bricker Graydon LLP

Disclosing foreign gifts and contracts: An expanding area of compliance for higher education institutions

Bricker Graydon LLP on

The Higher Education Act was passed by Congress in 1986. Since then, higher education institutions have been required by Section 117 of the act to biannually report to the U.S. Department of Education (ED) gifts from or...more

Hogan Lovells

U.S. Department of Education provides notice of new, expanded Section 117 foreign gift and contract reporting requirements for...

Hogan Lovells on

On 17 December 2019, the U.S. Department of Education (ED) published in the Federal Register notice of a new information collection request (ICR) related to reporting requirements under Section 117 of the Higher Education Act...more

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