The Labor Law Insider - Recent U.S. Supreme Court, NLRB Decisions Highlight Labor Issues in Higher Education, Part II
On June 14, 2025, Minnesota Governor Tim Walz signed legislation amending state laws regarding protections for pregnant and parenting students and campus sexual misconduct policies. ...more
A new lawsuit will test the legality of grant programs of the U.S. Department of Education for colleges and universities, charging that these programs unlawfully discriminate based on race or ethnicity....more
On April 23, 2025, the White House issued an executive order directing the Secretary of Education to investigate and hold accountable accreditors of institutions of higher education that engage in unlawful discriminatory...more
In this alert, we discuss key provisions of the orders and actions implicating the higher education sector and the lawsuits challenging them (building on our previous analysi...). We have grouped these actions based on their...more
Following hundreds of challenges in federal court by students, universities and colleges, U.S. Immigration and Customs Enforcement (ICE) has reversed course on terminating the legal status of thousands of international...more
On April 23, 2025, President Trump issued an executive order (the “Executive Order”) directing the Secretary of Education to investigate and hold accountable accreditors of institutions of higher education (“IHEs”) that...more
As the entire public and private sector adjust to the Trump Administration's attack on programs focused on diversity, equity, and inclusion ("DEI"), colleges and universities are in a difficult position. Like federal...more
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
In the last several days, the U.S. Department of Education (ED) finally published three important updates on ED expectations under its extensive October 2023 Financial Value Transparency and Gainful Employment regulations...more
On October 24, the Biden-Harris administration announced amendments to the regulations implementing title IV of the Higher Education Act of 1965 (HEA). According to the fact sheet, the amendments are intended to allow the...more
With a potential government shutdown bringing into question the ability to meet the master calendar requirement, the Department of Education (ED) released the final and official Gainful Employment (GE) rule on October 10,...more
On June 30, the Supreme Court ruled that the Biden administration did not have authority to forgive student loans under the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act). Despite this defeat,...more
The U.S. Department of Education (Department) recently surprised the higher education community with a Dear Colleague Letter (DCL GEN-23-03) that sets forth new guidance on third-party servicers with whom institutions of...more
UPDATE: On February 28, 2023, the Department updated the Dear Colleague Letter issued February 15, 2023 to establish a future effective date for the guidance, extend the public comment period, and extend the reporting...more
COVID-19 litigation has begun across the nation, prompting concerns about liability exposure for colleges and universities. Although the federal SAFE TO WORK Act, which was introduced in the Senate on July 27, 2020, would...more
California Governor Gavin Newsom has signed into law the Student Borrower Bill of Rights, AB 376, as part of a package of consumer protection legislation. He simultaneously signed AB 1864, which creates the Department of...more
On September 9, 2020, after receiving more than 17,000 public comments to its notice of proposed rulemaking (the “NPRM”), the United States Department of Education (the “Department”) published the Religious Liberty and Free...more
North Dakota’s State Board of Higher Education recently implemented the Student Data Privacy and Security Bill of Rights (the “Policy”). The Policy, which went into effect on May 29, 2020, was created by the North Dakota...more
On June 17, 2020, the U.S. Department of Education (ED) promulgated an interim final rule concerning the eligibility of postsecondary students for emergency student grants under the Higher Education Emergency Relief Fund...more
In the midst of the COVID-19 pandemic and remote instruction, students have recently filed lawsuits against their universities alleging contract and unjust enrichment claims. The students seek refunds of certain tuition fees...more
On Friday, March 27, 2020, the President signed into law a $2 trillion stimulus package to combat the coronavirus pandemic and its systemic effects. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) is the...more
The CDC, American College Health Association, and Department of Education have all issued recent guidance regarding the COVID-19 Coronavirus. Concurrently, colleges across the country have taken steps to move classes online...more
Being accused of academic misconduct is frightening and can potentially derail higher education schooling, leave a student with debt, and no college degree. There are steps that students may take that can improve their...more
On December 19, 2019, the Fostering Undergraduate Talent by Unlocking Resources for Education (FUTURE) Act was signed into law. This amendment extends Title III, Part F (also known as SAFRA) funds on a permanent basis for...more
The Situation: Student loan debt in the United States stands at an all-time high of approximately $1.5 trillion spread across more than 44 million borrowers. According to some observers, Massachusetts ranks 12th among states...more