Another Hint? Interpreting How the Biden Administration Will Approach Title IX Regulations

On April 6, the Department of Education’s Office for Civil Rights (OCR) issued a new letter to students, educators, and stakeholders indicating the process that the Biden Administration will be undertaking on the issues surrounding the Title IX regulations. While light on details, the letter does provide a roadmap for OCR’s next steps and what colleges and universities can expect in the Title IX regulatory arena in the near future. Continue reading “Another Hint? Interpreting How the Biden Administration Will Approach Title IX Regulations”

The Higher Education Provisions of The American Rescue Plan Act and What to Expect Next

On March 10, 2021, Congress passed the Biden Administration’s American Rescue Plan Act of 2021 (ARPA). Building on previous Congressional relief bills – the CARES Act and the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) – the ARPA commits significant resources to colleges and universities. In fact, the ARPA directs more money to institutions, in overall totals, than either of the CARES Act or the CRRSAA. Continue reading “The Higher Education Provisions of The American Rescue Plan Act and What to Expect Next”

The 2019 Borrower Defense Rule Survives Summary Judgment (Mostly) Intact

On March 17, 2021, Southern District of New York Judge Lorna G. Schofield ruled that most of the 2019 Borrower Defense to Repayment Rule would survive cross-motions for summary judgement. On one issue, however, Judge Schofield ruled for the Plaintiff, the New York Legal Assistance Group (NYLAG), finding that the 2019 Rule’s three-year statute of limitations on defensive claims was not a logical outgrowth of and deviated too sharply from the 2018 Notice of Proposed Rulemaking. Continue reading “The 2019 Borrower Defense Rule Survives Summary Judgment (Mostly) Intact”

President Biden Issues Executive Order Directing U.S. Department of Education to Reassess Title IX Rules

On March 8, 2021, the Biden Administration published an Executive Order on “Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity.” In short, the EO requires the U.S. Department of Education to reassess how it directs college campuses to investigate sexual violence – specifically, the 2020 Title IX Rule, 85 FR 30026 – as well as other regulations related to Title IX. Continue reading “President Biden Issues Executive Order Directing U.S. Department of Education to Reassess Title IX Rules”

U.S. Department of Education Solicits Comments on Proposed Institutional Eligibility Criteria for HEERF Supplemental Aid

On February 25th, the U.S. Department of Education published a notice requesting comment on proposed eligibility criteria for implementing the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA), Section 314(a)(3) program, called the Supplemental Aid to Institutions of Higher Education (SAIHE) Program for which Congress authorized at set aside of Higher Education Emergency Relief Funds (HEERF). The notice also requests public comment on the proposed criteria and application information that the Department will use to determine eligibility. Only public and non-profit institutions of higher education are eligible for funding under Section 314(a)(3).

According to the notice, the Department is proposing to use the following institutional criteria to determine SAIHE eligibility of those institutions with the greatest unmet needs related to COVID-19: Continue reading “U.S. Department of Education Solicits Comments on Proposed Institutional Eligibility Criteria for HEERF Supplemental Aid”

Guidance and Considerations for Masks on Campus: Students and Employees

On January 21, 2021, President Biden issued an Executive Order on Protecting Worker Health and Safety. On January 29th, OSHA issued new comprehensive guidance. (See OSHA’s COVID-19 guidance here)

This recent guidance is intended to inform employers and workers outside of the healthcare industry and to assist them in determining up-to-date and appropriate control measures to implement. The guidance encourages employers to create and adhere to a COVID-19 Prevention Program and include the following key elements: conducting a hazard assessment; identifying a combination of measures that limit COVID-19 spread; adopting measures to ensure that workers who are sick are separated and sent home; and implementing protections from retaliation for workers who raise COVID-19 related concerns. The guidance recommends that employers provide all workers with face coverings at no cost. OSHA also notes that, in order to keep employees safe, it is critical that employers monitor compliance with workplace guidelines. Continue reading “Guidance and Considerations for Masks on Campus: Students and Employees”

Biden Administration Confirms Continued Exceptions for Certain International Students and Academics

With a month in office, the Biden Administration is taking steps to reveal its COVID-19 policy approach to international students and academics. On January 25, 2021, the President announced Proclamation #10143, which extended the previous administration’s limitation on travel to the U.S. from the Schengen Area, the United Kingdom, and Ireland. On February 10, 2021, the Department of State confirmed that national interest exceptions (NIE) to the travel ban, first issued in October 2020, will remain in place in the new administration. Continue reading “Biden Administration Confirms Continued Exceptions for Certain International Students and Academics”