News & Analysis as of

Universities Students School Districts

TNG Consulting

Navigating Disability, Conduct, and Due Process in Higher Education

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Navigating the intersections of disability, student conduct, and due process is no easy task for higher education professionals. Balancing legal, ethical, and procedural responsibilities in disability-related behavioral...more

TNG Consulting

The Future of Education Amid Executive Orders, Regulations, and Investigations

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As a longtime researcher and policy analyst in higher education, I’ve spent decades studying how federal law, regulation, and politics shape practice on the ground. In my keynote at the 2025 Joint ATIXA and NABITA Annual...more

TNG Consulting

Using Pattern-Based Evidence in Title IX Investigations and Decision-Making 

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In Title IX investigations and decision-making processes, especially in word-against-word complaints where direct evidence is limited, pattern evidence can provide valuable clarity. When available and applicable, it offers a...more

TNG Consulting

Mandated Risk Assessment of Students: Part One – Authority to Mandate

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At NABITA, we are often asked whether a Behavioral Intervention Team (BIT), CARE team, Behavioral Threat Assessment and Management (BTAM) team, or, in some instances, the Threat Assessment Team (TAT) has the authority to...more

Fisher Phillips

New Civil Rights Fraud Initiative Puts More Pressure on Higher Ed and K-12 Schools Receiving Federal Funding: What to Do in...

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Federal officials on Monday launched a new Civil Rights Fraud Initiative aimed at schools receiving federal funding, the next step in the Trump administration’s aggressive enforcement posture against transgender rights, DEI,...more

Bricker Graydon LLP

[Event] June Bridge Series - June 5th, Cincinnati, OH

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BUILDING STRONGER FUTURES THROUGH EDUCATION. Join us for a powerful conversation about what it really takes to support students, schools, and communities. Our next Bridge Series brings together voices from education,...more

Fisher Phillips

2025 Summer Reading List for Educational Leaders

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Another school year is winding down, and educational leaders perhaps have never been more ready for summer break. From the Trump administration’s significant policy shifts to deeply consequential litigation playing out to...more

Fisher Phillips

Trump Issues 7 New Executive Orders Impacting Higher Ed and K-12 Schools, Ranging From DEI to Discipline to AI

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President Trump just issued a wave of education-related executive orders – seven, to be exact – impacting both higher education and K-12 schools. Educational institutions need to tune in and catch up, and we’ve compiled this...more

Fisher Phillips

So You’re Concerned About Losing Federal Funding: 3 Things Schools Should Do Right Now

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Many K-12 and institutes of higher education are concerned about the potential threat to their federal funding given recent changes to the way the government is interpreting existing federal law to achieve certain policy...more

Fisher Phillips

Education Department Kicks Off New Era of Title VI Discrimination Enforcement: What Your School Must Know + 5 Steps to Take Now

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Starting today, the U.S. Department of Education will crack down on “overt and covert racial discrimination” in educational institutions receiving federal funding, according to a February 14 “Dear Colleague” letter issued by...more

Fisher Phillips

Top 2025 Predictions for Higher Education and K-12 Private and Independent Schools

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Our Education thought leaders have pulled together their top predictions for the new year so that higher education institutions and K-12 private and independent schools can get a running start to 2025....more

TNG Consulting

Best Practices to Keep from 2024 Regulations

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As we noted in October, “Over the past few years, there has been a significant amount of noise, confusion, and sense of whiplash in the Title IX world.” With the presidential election behind us and the courts intervening...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Holds That Title IX Does Not Provide Private Right of Action for Sex-Based Employment Discrimination

On December 3, 2024, in Terrell v. Alabama State University, the Eleventh Circuit Court of Appeals held that Title IX does not provide an implied private right of action for sex discrimination in employment, deepening a split...more

Fisher Phillips

Ohio’s New “Bathroom Ban” Law Restricts Transgender Student Access: 5 Things Schools Should Do

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Ohio Governor DeWine just signed into effect a law that will soon ban students from using school restrooms and other facilities that don’t align with their sex assigned at birth – and your school will need to take steps to...more

TNG Consulting

Tip of the Week: BIT Standards for Higher Education – Standard 14 

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With the publication of the updated NABITA Industry Standards for Behavioral Intervention Teams, we will review each standard in detail. Standard 14 highlights several risk assessment tools that can be used in the BIT...more

TNG Consulting

Tip of the Week: BIT Standards for Higher Education – Standard 13 

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We continue exploring the updated standards published in NABITA’s Industry Standards for Behavioral Intervention Teams whitepaper as we focus on Standard 13. This standard explains the importance of using an objective risk...more

TNG Consulting

Tip of the Week: BIT Standards for Higher Education – Standards 11 and 12 

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As part of our Tip of the Week series on the revised NABITA Industry Standards for Behavioral Intervention Teams, two complementary standards, Standards 11 and 12, are worth discussing. These standards focus on collecting...more

Fisher Phillips

School DEI Programs Feel the Impact as Courts Continue to Define Boundaries: 3 Key Takeaways from a Recent Ruling

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We’re starting to see courts define the boundaries of permissible DEI programs in the aftermath of last year’s SCOTUS decision limiting “race conscious” programs such as affirmative action in college admissions. For example,...more

Franczek P.C.

OCR Update: Shared Ancestry and Ethnicity Discrimination Guidance

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In recent months, OCR has reached resolution agreements with a school district and two universities after investigating complaints of discrimination and harassment based on ancestry or ethnicity, including allegations...more

Fisher Phillips

Summer Reading for Educational Leaders: Resources to Help You Plan for the 2024-2025 School Year

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As you recover from another whirlwind of a school year, we hope you can take some time to relax and enjoy your summer break. The next few months will be the perfect time to – at your leisure – catch up on this past year’s...more

Fisher Phillips

States Sue Federal Government Over New Title IX Rules, Vow Not to Comply: What Schools Need to Know and Do Next

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At least 22 states are suing the Biden administration over new Title IX rules set to take effect this summer. The lawsuits claim that the U.S. Department of Education’s new rules – which were released last month and include...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 4, April 2024

Welcome to the fourth issue of The Academic Advisor for 2024. We begin this edition with discussion of Title IX of the Education Amendments of 1972. On April 19, 2024, the U.S. Department of Education released its...more

Bricker Graydon LLP

[Webinar] Ohio’s House Bill 68 Goes Into Effect – What are the Next Steps for K-12 + Higher Ed? - March 6th, 12:00 pm - 1:00 pm ET

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Interested in learning more about HB68 and what policies you should be paying attention to? Join education attorneys Kasey Havekost and Izaak Orlansky for a discussion on the new laws governing transgender students in the...more

Poyner Spruill LLP

Title IX Regulations Expected in March 2024

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Earlier this month, the United States Department of Education (“DOE” or “Department”) announced that it plans to issue the much-anticipated Title IX regulations in March 2024 according to the latest regulatory...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

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