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Category Archives: Education

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Court of Appeals Rejects Challenge to Gainful Employment Rule

On March 8, a the three-judge panel of the United States Court of Appeals for the District of Columbia Circuit affirmed a lower court’s decision rejecting a challenge to the U.S. Department of Education’s “gainful employment” regulations. The regulations, which took effect July 1, 2015 (with the exception of certain disclosure requirements that will take effect

NSF and NASA Remind Grantee Institutions to Comply with Title IX

On January 25, the National Science Foundation issued a statement to remind the 2,000 colleges, universities, and other institutions that receive NSF funding that NSF requires its awardees to comply with Title IX of the Education Amendments Act of 1972, which prohibits educational funding recipients from engaging in sex discrimination, including sexual harassment and gender violence.

NSF’s statement, which follows multiple recent reports of sexual harassment in the science community, “reiterates [NSF’s] unwavering dedication to inclusive workplaces. NSF does not tolerate sexual harassment and encourages members of the scientific community who experience such harassment to report such behavior immediately.” NSF also encouraged NSF-funded researchers and students to “hold colleagues accountable to the standards and conditions set forth in Title IX, and to inform their institutions of violations.” NSF directs people who experience or witness harassment to contact their Title IX Coordinator or NSF’s Office of Diversity and Inclusion.

Justice Department Settles Fair Housing Act Lawsuit Alleging Discrimination in On-Campus Housing

The U.S. Department of Justice announced on January 4 that Kent State University (KSU) has agreed to pay $145,000 to settle a lawsuit alleging that KSU had a policy that prevented students with psychological disabilities from keeping emotional support animals in university-operated student housing.  This settlement follows a decision by the United States District Court

New HHS OIG Work Plan Indicates Focus on Subrecipient Monitoring

The U.S. Department of Health and Human Services Office of Inspector General (“OIG”) recently released its Work Plan for Fiscal Year 2016. The Work Plan discusses OIG’s anticipated reviews and audits of HHS programs and operations over the coming year. As is typical, the FY 2016 Work Plan includes many items of interest to recipients

USAID Implements New Grant Regulations, Clarifies Applicability to Foreign and For-Profit Awardees

Hogan Lovells Government Contracts Associate Ogechi Achuko contributed to this post. On 17 September 2015, USAID finalized its regulatory supplement to the OMB “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”, often referred to as the Uniform Guidance.  USAID’s regulations largely are consistent with the OMB Uniform Guidance at 2 CFR part

Hogan Lovells Issues Sponsored Research Alert on Proposed Changes to Federal Policy for Protection of Human Subjects

Hogan Lovells has issued a Sponsored Research Alert outlining a Notice of Proposed Rulemaking (NPRM) issued by the U.S. Department of Health and Human Services (HHS) that seeks to amend the U.S. Government’s policy on protection of human research subjects.  As the Alert describes: The NPRM would substantially change, in several respects, the regulatory framework with which universities and research

Student Privacy and Drone Policy: Vote for Hogan Lovells at SXSW 2016

Austin, Texas is renowned for its live music scene, clean air, college vibe … and of course its technology conferences. Two Hogan Lovells Lawyers—Bret Cohen and Lisa Ellman—have made the list of finalists for panels at the South by Southwest group of conferences this upcoming March, to talk about Student Privacy and Domestic Drone Policy.

Department of Education OCR Releases Guidance on Title IX Coordinator(s)

On April 24, the U.S. Department of Education’s Office for Civil Rights released a three-document guidance package regarding the role and responsibility of Title IX coordinators. As summarized in a statement by Catherine E. Lhamon, Assistant Secretary for Civil Rights, the guidance package emphasizes the responsibility of school districts, colleges, and universities to designate a

Office for Civil Rights Issues New Case Processing Manual

At the end of February 2015, the U.S. Department of Education’s Office for Civil Rights (OCR) issued a new Case Processing Manual, which updates (and supersedes) its 2010 manual. As described in the manual’s introduction, it provides “the procedures to promptly and effectively investigate and resolve complaints, compliance reviews and directed investigations to ensure compliance with

U.S. Department of Education Delays Implementation of Certain State Authorization Requirements until July 1, 2015

On June 24, the U.S. Department of Education further delayed the implementation date for certain state authorization regulations for colleges and universities that have been unable to meet the requirements of those regulations—so long as (1) the state in which the college or university is located is working to establish an acceptable authorization process that

New OMB Super Circular Offers Guidance to Nonprofit Grantees Operating Abroad

New OMB Super Circular Offers Guidance to Nonprofit Grantees Operating Abroad Organizations that perform federal grants and cooperative agreements outside the United States will find new and revised obligations in the Office of Management and Budget (OMB) final guidance titled ‘‘Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,’’ 72 Fed. Reg. 78,590 (Dec.

U.S. Tax Reform Update: House Ways and Means Chairman Tax Reform Discussion Draft – Proposals That Impact Colleges and Universities

The building blocks for what could eventually form the base of U.S. tax reform include dramatic proposals that will impact universities and colleges. The 979-page “Tax Reform Act of 2014” discussion draft introduced by House Ways and Means Chairman Dave Camp (R-MI)in March 2014 is a comprehensive reform package that would reduce U.S. corporate and

FASEB guide on mitigating risk of animal rights extremism

On 12 March, the Federation of American Societies for Experimental Biology (FASEB) released recommendations regarding response to threats by animal rights (AR) extremists. Counsel and responsible officials at organizations with animal research programs may find it useful to review FASEB’s guide and consider implementation of its recommendations. Approximately 220 illegal AR extremist incidents were reported

Office for Civil Rights and Department of Justice Issue Dear Colleague Letter on Nondiscriminatory Administration of School Discipline

On January 8, the United States Department of Education Office for Civil Rights and the Civil Rights Division of the Department of Justice issued a five-part Guidance Package to assist schools in meeting their obligations under Federal law to administer student discipline without discriminating on the basis of race, color, or national origin. The Departments

CFPB Studies Arrangements Between Banks and Universities

According to a report released by the Consumer Financial Protection Bureau (“CFPB”) on December 17, the number of credit card issuers that had contractual arrangements with higher education institutions and affiliated organizations (such as alumni associations, fraternities, and sororities) increased in 2012.  However, the CFPB’s data shows that—in comparison to 2009—credit card issuers had fewer:

U.S. Department of Education releases Gainful Employment Disclosure Template – Use required by January 31

On November 22, 2013 the U.S. Department of Education (“ED”) released a Gainful Employment Disclosure Template (“GEDT”). ED regulations require institutions to use the GEDT to provide all required gainful employment disclosures. No later than January 31, 2014 institutions must use the output document that the GEDT generates to meet gainful employment disclosure requirements.

U.S. Department of Education Publishes Amendments to Misrepresentation Regulations

On September 20, the U.S. Department of Education published final regulations making technical amendments to its misrepresentation regulations.  The amendments were a response to a U.S. Court of Appeals for the D.C. Circuit decision, which held that the Department’s misrepresentation regulations exceeded its authority in three respects.  The court vacated one provision and remanded two

Federal Agencies Issue Guidance on Fisher v. University of Texas

On September 27, the U.S. Department of Justice (DOJ) and U.S. Department of Education Office for Civil Rights (OCR) published questions and answers on the Supreme Court’s decision in Fisher v. University of Texas at Austin. Fisher held that the University of Texas must affirmatively demonstrate that its consideration of race in admissions is necessary to achieve the educational benefits

Surviving the Government Shutdown

The following discussion provides several general pointers for contractors seeking advice on surviving the current government shutdown. Initially, it is important to understand that in many instances a contractor’s compliance obligations do not cease simply because the government has shuttered.  For example, reporting websites, including the System for Award Management (SAM), the Electronic Subcontracting Reporting

Department of Education Reminds Schools That They Cannot Discriminate Against Pregnant and Parenting Students

On June 25, in response to numerous studies indicating that pregnant and parenting students exhibit much lower graduation rates than their peers, the U.S. Department of Education issued a Dear Colleague Letter reminding recipients of federal financial assistance that it is unlawful under Title IX to discriminate against students who have become pregnant or have children.

Court dismisses suit that alleged coach made players fight

On May 20, the Georgia Court of Appeals dismissed a lawsuit filed by a former Georgia Southern University football player who suffered injuries after the football coach allegedly forced team members to fight one another during practice. The student, Jerome Pelham, was a member of the varsity football team at Georgia Southern University. During a spring practice in 2008, the football coach allegedly organized the team in two lines with players facing each other, and then ordered each pair of players to fight.

Office for Civil Rights’ Guidance Requires School Districts, Colleges, and Universities to Provide Students with Disabilities Equal Opportunity to Participate in Athletics

New guidance from the U.S. Department of Education Office for Civil Rights (OCR) clarifies that school districts, colleges, and universities must provide students with disabilities equal opportunity to participate in extracurricular athletics.  The guidance also offers guidelines on the steps educators must take to meet that requirement.   The guidance responds to a June 2010 U.S.

Review of issues for 2013

The following is a summary of some of the key issues Congress and the Administration will be debating in 2013. Please contact us with any questions. We are happy to provide further analysis as well as insight into other areas of interest. Agriculture: Tom Vilsack is expected to stay on as Secretary of Agriculture. The