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Posted on by Duane Morris

Are these new rules the canary in the coal mine for distance learning?

At the start of the pandemic, the U.S. Department of Education quickly enacted emergency regulations allowing students to continue with their education online—a revolutionary development that provided a lifeline to institutions and students alike. Schools around the country seized the opportunity, pivoting to online asynchronous programs even for hands-on occupations like nursing, HVAC, plumbing, electrical, cosmetology, barbering, and esthetics that some believed could never be taught remotely.

Read the full article by Duane Morris’ Edward Cramp and Kristina Gill on the University Business website.

Posted on by Duane Morris

University Legal Support: Big Law Responds to Escalating Protest Demands

Katherine Brodie, partner and team co-lead of Duane Morris’ education industry group, said colleges and universities “are seeking guidance to navigate not only what their policies and procedures say they can do, but the public relations, safety, donor and other external considerations that need to be taken into account in determining next steps based on the unique circumstances faced during an on-campus protest.”

For instance, Brodie said in a statement, her firm has been approached by a private nonprofit institution seeking independent oversight of their student disciplinary process…

To read more, visit the Duane Morris website.

Posted on by Kathryn R. Brown

DOL Raises the Threshold Salary for Exempt Status Under the FLSA: What the Overtime Expansion Means for the Education Sector

The U.S. Department of Labor (DOL) announced on April 23, 2024 a significant expansion to overtime eligibility via the Final Rule: Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees. The Final Rule increases the minimum salary level applicable to the overtime exemptions for executive, administrative and professional (EAP) employees for federal law purposes under the Fair Labor Standards Act (FLSA), but does not change the salary basis or duties components of exempt status.

The Final Rule largely tracks the changes announced in the DOL’s Notice of Proposed Rulemaking (NPRM) on September 8, 2023. This post focuses on the impact of the Final Rule to the education sector.  For a more comprehensive analysis of the Final Rule as applicable to employers in all sectors, including assessment of the potential for legal challenges to the Final Rule, see the Alert Duane Morris published. Continue reading “DOL Raises the Threshold Salary for Exempt Status Under the FLSA: What the Overtime Expansion Means for the Education Sector”

Posted on by Jessica S. High

Title IX Final Rule Released

Today, after more than a year of anticipation, the U.S. Department of Education published the Title IX Final Rule, which prohibits discrimination on the basis of sex in education programs or activities receiving Federal financial assistance. This Final Rule takes effect on August 1, 2024, amending the current regulations which went into effect in August 2020. The robust 1577 page Final Rule clarifies the scope and application of Title IX and the obligations of institutions that receive Federal financial assistance from the Department.

The Final Rule will have significant compliance implications for Title IV institutions. Schools will be required to change policies and procedures implementing the regulations. Schools will also need to train all employees in their new reporting obligations under the rule. Of particular note, the Final Rule changes how and when school employees must take action when they learn of conduct that may constitute sex discrimination under the law.  Currently, the law allows schools to designate specific employees who must take action.  This Final Rule significantly broadens this to a larger group of employees. Continue reading “Title IX Final Rule Released”

Posted on by Lisa T. Scruggs

Supreme Court Declines to Hear Challenge to Race-Conscious Secondary School Admissions Policy

On February 20, 2024, the Supreme Court denied the Petitioners’ request for a writ of certiorari in Coalition for TJ v. Fairfax County School Board.  This denial followed the Court’s recent decisions striking down race-conscious admissions programs at Harvard University, in Students for Fair Admissions, Inc. v. Harvard SFFA, and a similar case from the University of North Carolina.  Some expected the Court to seize this opportunity to prohibit similar admissions criteria in secondary schooling.  Such a determination, however, is reserved for now.  Because its model has escaped scrutiny from the Supreme Court, the policy at Thomas Jefferson High School for Science and Technology (“Thomas Jefferson HS”) may very well become a model for K-12 institutions that want to diversify their student body without protracted legal challenges or drawing the ire of the Supreme Court. Continue reading “Supreme Court Declines to Hear Challenge to Race-Conscious Secondary School Admissions Policy”

Posted on by Duane Morris

Webinar: Compliance and Best Practices for Catalogs, Publications and Student-Facing Materials

Duane Morris is hosting Compliance and Best Practices for Catalogs, Publications and Student-Facing Materials, the second session in its Boot Camp for Education Legal Leadership series. The webinar takes place  Wednesday, February 28, 2024, at 2:00 p.m. Eastern | 11:00 a.m. Pacific.

REGISTER

About the Program

The start of the year is an excellent time for institutions to review their policies and establish a review cycle for all of their student-facing publications. In this session, Duane Morris Education attorneys will discuss strategies and best practices for institutions conducting policy, catalog and handbook reviews for the 2023-24 academic year with a focus on the value these materials have in mitigating institutional risk in the current active regulatory climate.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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