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|The Agenda May No Longer Be Simply a List of Items to be Considered at a Public Meeting|
Robert A. Muccilli; Capehart & Scatchard, P.A.;
February 3, 2014, previously published on January 23, 2014A recent unpublished Superior Court Law Division decision may cause surprise and discomfort to persons responsible for developing an agenda for a public meeting. In Opderbeck v. Midland Park Board of Education, BER-L-8571-13 (Law Div. Dec. 24, 2013), the Honorable Peter E. Doyne found that the term...
|New Gainful Employment Disclosure Template Requirements|
Anne D. Cartwright, Lisa Parker Freeman; Husch Blackwell LLP;
January 31, 2014, previously published on January 27, 2014The U.S. Department of Education recently announced that institutions of higher education must update their 2012-2013 Gainful Employment (GE) program disclosures by January 31, 2014. Colleges and universities must do this via the online GE disclosure template released in November 2013, available at...
|President Obama Launches Task Force on Campus Sexual Assaults|
Rebecca Lacher; Schnader Harrison Segal & Lewis LLP;
January 31, 2014, previously published on January 2014On January 22, 2014, President Obama announced the creation of a Task Force to Protect Students From Sexual Assault. The Task Force was announced in conjunction with the release of a report on rape and sexual assault from the White House Council on Women and Girls.
|Is the Joint DOJ and OCR Guidance on Discrimination in K-12 Student Discipline a Warning Shot for Colleges and Universities?|
Lisa Karen Atkins; Ogletree Deakins Nash Smoak Stewart P.C.;
January 28, 2014, previously published on January 17, 2014We’ve known it was coming for at least a year, and on January 8, 2014, the U.S. Department of Education’s Office for Civil Rights (OCR), in conjunction with the Civil Rights Division of the U.S. Department of Justice (DOJ), released its first-ever federal policy guidance addressing...
|Office for Exceptional Children Makes Prior Written Notice Mandatory for All IEPs|
Walter Haverfield LLP;
January 15, 2014, previously published on January 2014On December 21, 2013, the Office for Exceptional Children (OEC) issued Memorandum 2013-1 which outlines changes to Ohio Administrative Code Section 3301-51-05(H)(4)(c). Pursuant to this Memorandum, and changes to the Operating Standards for Ohio Educational Agencies Serving Students with...
|CalSTRS Extends Time to Elect to have Service Count Toward CalSTRS Retirement|
Kronick Moskovitz Tiedemann Girard A Law Corporation;
January 14, 2014, previously published on January 10, 2014CalSTRS recently issued new guidance that applies when a CalSTRS member changes to a new position that may not be eligible for participation in the retirement system. The guidance, found in Employer Information Circular, Volume 29, Issue 3, provides CalSTRS members extra time to elect to have their...
|Deed Restriction Does Not Prevent Johns Hopkins from Developing Montgomery County Campus|
Gordon Feinblatt LLC;
January 13, 2014, previously published on January 2014In a well-publicized case, the Court of Special Appeals recently held that The Johns Hopkins University is not prohibited by the terms of the deed that conveyed a farm in Montgomery County to it from developing that property in the way that it wants, even though the prior owners wanted the...
|Federal Authorities Crack Down on Student Discipline Practices|
Dina Harris; Best Best & Krieger LLP;
January 13, 2014, previously published on January 9, 2014U.S. Secretary of Education Arne Duncan and U.S. Attorney General Eric Holder this week issued a joint “Dear Colleague” letter and guidance package for school officials, making the case that student discipline practices across the nation have become a civil rights issue.
|State Law Governing Federal Student Loan Servicing Not Preempted by the Higher Education Act|
Kelly Lipinski, Arthur J. Rotatori; McGlinchey Stafford;
January 9, 2014, previously published on August 28, 2013The U.S. District Court for the Western District of Wisconsin recently that held provisions of a state’s consumer protection law governing how a loan servicer collects payments owed on a federal student loan are not preempted by the federal Higher Education Act (“HEA”). Weber v....
|Are School Tuition Payments Fair Game For Bankruptcy Trustees in Parents' Personal Bankruptcy?|
Elizabeth J. Austin, Irve J. Goldman, Jessica Grossarth, Jonathan A. Kaplan; Pullman & Comley, LLC;
January 7, 2014, previously published on January 2, 2014Parents who are forced to file for personal bankruptcy may be surprised to find that school tuition payments they made for their children years earlier could become the target of recovery by an aggressive bankruptcy trustee. The theory of recovery in such cases is found in fraudulent transfer law,...