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For the first time ever, all Division I colleges and universities may decide to compensate their student-athletes directly through revenue sharing under the terms of the House v. NCAA settlement, signaling a new chapter for...more
Welcome to our fourth issue of The Academic Advisor for 2025. In this edition, we cover the following topics of interest for schools, institutions of higher education, and other education-focused organizations: - How a...more
Welcome to our third issue of The Academic Advisor for 2025. In this edition, we cover the following topics of interest for schools, institutions of higher education, and other education-focused organizations: - The...more
President Donald Trump last week took a major step to deliver on one of his top campaign promises: banning transgender athletes from participating in girls' or women’s sports....more
After weeks of talking about the concepts of a plan, Governor Brian Kemp finally pulled back the curtain on his comprehensive tort reform package on Thursday. Backed by more than a hundred citizens representing a broad...more
On January 16, 2024, the Office of Civil Rights (OCR), the organization that enforces Title IX, including athletic gender equity, released a nine-page informal Fact Sheet labeled: Ensuring Equal Opportunity Based on Sex in...more
As President-elect Donald Trump prepares for his second stint in the White House beginning January 2025, higher education leaders are bracing for potential shifts in policy that could reshape the landscape of institutions of...more
The transformation of college athletics over the past three and a half years has brought a myriad of challenges, with perhaps none greater than how Title IX compliance is achieved. A post-House world will assuredly amplify...more
It has been two months since the August 1, 2024 implementation date for the 2024 Title IX regulations promulgated by the U.S. Department of Education (“Department”) and schools across the country still face uncertainty from...more
Twenty-six states filed litigation in courts nationwide to prevent the enactment of President Biden’s April 2024 revisions to the Title IX statute aimed at increasing protections for LGBTQIA+ athletes, pregnant and parenting...more
On April 16, 2024, the U.S. Court of Appeals for the Fourth Circuit determined that because West Virginia law and practice have long provided for sex-differentiated sports teams, the sole purpose of the West Virginia "Save...more
Georgia has joined the list of states that allow high school athletes to profit from their name, image, and likeness (NIL). On October 2, 2023, the Georgia High School Association (GHSA) added a new bylaw and guidance to its...more
The Department of Education (DOE) is expected to issue two major amendments to Title IX regulations next month that could cause headaches for educational institutions with classes already in full swing. One rule will address...more
Colleges, universities, and public K-12 schools have been waiting with bated breath for the U.S. Department of Education to finalize its new Title IX regulations, which dictate how sex discrimination and harassment are...more
The U.S. Department of Education's Office for Civil Rights (OCR) published on April 6, 2023, a Notice of Proposed Rulemaking (NPRM) about sex-related criteria used to limit or deny a student's ability to participate in...more
The federal Department of Education released a notice of proposed rulemaking earlier this month addressing gender identity and participation in athletics. ...more
On April 6, 2023, the U.S. Department of Education (the “Department”) released a much anticipated Notice of Proposed Rulemaking titled “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving...more
On April 6, the Department of Education Office for Civil Rights (OCR) released its much-anticipated proposed Title IX rule on the eligibility of students for participation in athletic programs based on their gender identity....more
The participation of transgender athletes in youth, interscholastic, and elite sport has long been a highly charged political issue domestically and internationally, with a vast range of different approaches to regulating...more
Brooks v. State Coll. Area Sch. Dist., No. 4:22-CV-01335, 2022 U.S. Dist. LEXIS 217173, at *2 (M.D. Pa. Dec. 1, 2022). The United States District Court for the Middle District of Pennsylvania granted the Plaintiffs’ Motion...more
In recent years, the legal rights of transgender students have been litigated in courts around the country. While court decisions have provided some guidance for school districts, many questions remain. This article addresses...more
On May 13, 2016, with much fanfare, the United States Department of Justice and the United States Department of Education jointly issued a “Dear Colleague Letter” [“DCL”] in order to provide guidance for school districts with...more