The U.S. Department of Education’s Office for Civil Rights recently issued a FAQ in its continuing effort to address civil rights issues during the COVID-19 pandemic. The new guidance focused on disability accommodations, Title IX, and harassment issues.
The overall message was to again remind postsecondary institutions to “stay the course” with their civil rights obligations. Institutions must continue to engage in the interactive process and provide disability accommodations that do not fundamentally alter the academic program and/or are undue burdens. Institutions must also continue to receive, investigate, and resolve harassment complaints. Institutions should adapt their policies to the new distance learning environment, and, if they do, they must inform students, faculty, and staff of any changes.
OCR also offered practical advice for how institutions can meet their civil rights obligations (and take advantage of new technology in doing so): Continue reading OCR Provides Practical Pointers for Postsecondary Institutions to Meet Civil Rights Obligations In Distance Learning Environments
In response to pressing questions from institutions, on March 5, 2020, the U.S. Department of Education’s office of Federal Student Aid (FSA) offered guidance permitting temporary flexibility and clarifying how higher education institutions whose activities are impacted by COVID-19 can continue to comply with Title IV of the Higher Education Act and its implementing regulations (“Title IV”) . You can read our client alert on the guidance here.
On March 20, 2020, the Department updated the announcement to include answers to frequently asked questions. The guidance provided by the Department in the FAQ is summarized below. Institutions should consult the guidance directly for additional information about any of the below topics. Continue reading U.S. Department of Education Issues Additional COVID-19 Guidance in Form of FAQs
Due to the outbreak of coronavirus (COVID-19), the Centers for Disease Control and Prevention recommends that institutions of higher education consider postponing or canceling upcoming study abroad or foreign exchange programs. However, this advice has raised pressing questions about how this would affect Title IV, Higher Education Act (HEA) federal financial aid and a student’s ability to finish the term if a program is interrupted or canceled. In response, on March 5, 2020, the U.S. Department of Education’s office of Federal Student Aid (FSA) offered guidance permitting temporary flexibility and clarifying how higher education institutions can continue to comply with Title IV regulations for students whose activities are impacted by COVID-19.
View the full Alert on the Duane Morris LLP website.