Supreme Court Denies Student Request to Block University Vaccine Mandate

On August 12, the Supreme Court of the United States denied eight students’ request to block Indiana University’s requirement that students be vaccinated against the coronavirus. Justice Amy Coney Barrett rejected the request without comment, without seeking a response from the state and without referring the request to the full court for a vote. Justice Barrett’s denial indicates the court’s belief that the students’ challenge was not a particularly close case.

To read the full text of this Duane Morris Alert, please visit the firm website.

Duane Morris Analyzes USDE’s Notice Establishing Negotiated Rulemaking Committee and First Round of Negotiation Topics

On August 6, 2021, the U.S. Department of Education (USDE) announced that it would be establishing a negotiated rulemaking committee, entitled the “Affordability and Student Loans Committee,” that will, starting in October, meet to begin rewriting certain Title IV-related regulations. The announcement also included a schedule for the virtual negotiation sessions and instructions on how to submit nominations for committee, subcommittee, and advisor spots. The full announcement, officially published on August 10, can be found here.

Continue reading “Duane Morris Analyzes USDE’s Notice Establishing Negotiated Rulemaking Committee and First Round of Negotiation Topics”

USDE Publishes Six Proposed Priorities, Gives Insight Into Biden Administration’s Agenda

On June 30, 2021, the U.S. Department of Education (USDE) published a list of six proposed priorities regarding discretionary grant programs for Secretary Cardona and the Biden Administration’s education agenda. While the priorities mostly cover K-12 issues and a policy response to COVID-19, one particular entry (Priority #5) may provide insight into the Department’s thinking regarding the upcoming regulatory agenda, which is set to kick off later this month.

Continue reading “USDE Publishes Six Proposed Priorities, Gives Insight Into Biden Administration’s Agenda”

New Title IX Guidance Released

On July 20, 2021, the Department of Education (through the Office of Civil Rights “OCR”), unveiled new guidance to help schools understand their obligations under the Betsy DeVos-era Title IX rule. The rule, which went into effect on August 14, 2020, is currently undergoing a comprehensive review based on the Executive Order issued by President Biden on April 6, 2021. 

The 67-page Q&A is divided into 17 sections and provides guidance on a variety of topics covered by the 2020 Title IX amendments, focusing on language within the preamble. The guidance also includes an appendix with sample language schools can utilize (but are not required to) in creating a Title IX policy.  Continue reading “New Title IX Guidance Released”

Duane Morris Education Industry Group Ranked in The Legal 500

Duane Morris’ Education Industry Group has been ranked in The Legal 500 US 2021 guide.

An excerpt from the publication:

Duane Morris LLP’s education practice brings together a multidisciplinary team skilled across litigation, real estate, and employment law, and has a very strong reputation, “rooted in understanding the needs of in-house counsel.”

Testimonials

        • “This practice group is rooted in understanding the needs of in-house counsel and providing recommendation and advice in which operational impact is considered.”
        • “Tony Guida is exceptional at connecting people and issues and staffing matters with key talent, while considering the client need. He is well respected in the field and has served in a variety of capacities in-house prior to move to partner. His appreciation of board expectations, operational needs legal and regulatory concerns leads to unmatched service.”
        • “The Duane Morris team affords us a truly bipartisan approach to our efforts. They are well read and able to breakdown key points of legislation that would have effects on our membership while offering well thought out strategies to embrace or fight against.”

For more information, please visit the firm website.

Department of Education Interprets Title IX to Protect LGBTQ+ Students

The Department of Education issued on June 16, 2021, a Notice of Interpretation concluding that Title IX prohibits discrimination on the basis of sexual orientation and gender identity. Accordingly, the Department will now “fully enforce Title IX to prohibit discrimination based on sexual orientation and gender identity in education programs and activities that receive Federal financial assistance from the Department.”

In the Notice, the Department Continue reading “Department of Education Interprets Title IX to Protect LGBTQ+ Students”

U.S. Department of Education Proposes Massive Rewrite of Title IV Regulations

Later this month the Department of Education will embark on the first steps towards a massive rewrite of programs authorized by Title IV of the Higher Education Act of 1965. The Department is seeking input on a wide range of federal higher education topics, as identified in the notice, as well as input on how the Department could address gaps in postsecondary outcomes such as retention, completion, loan repayment, and student loan default by race, ethnicity, gender, and other key student characteristics. Continue reading “U.S. Department of Education Proposes Massive Rewrite of Title IV Regulations”

Why You Should Require Students to Get Vaccinated as COVID Retreats

We have entered a new phase in the COVID-19 pandemic in the United States.

We no longer wake up every day to increasing numbers of deaths, infections, and reminders about social distancing and vaccine shortages. Instead, we now read about record low numbers of infections, limited fatalities, and a domestic surplus of vaccine so large that we are now vaccinating children as young as 12 and may be exporting it by June.

And, just last week, the CDC dispensed with mask guidance for vaccinated people. This prompted President Biden to host his first “maskless” appearance of his presidency. For college leaders planning the summer and fall semesters, it’s a 180-degree turnaround that we were afraid to hope for just last year.

Yet here we are. The question now vexing colleges is how to safely reopen on-ground learning with a pandemic in retreat. It’s a nice problem to have, but it still has to be solved.

To read the full text of this article by Duane Morris partner Edward M. Cramp, please visit the University Business website.