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|All Pain, No Gain? U.S. Department of Education Releases Final Gainful Employment Rules|
Mark R. Falkowski; Husch Blackwell LLP;
November 12, 2014, previously published on November 3, 2014The U.S. Department of Education announced its long-awaited final gainful employment rule, which will take effect July 1, 2015. In making this announcement, the Department estimated 1,400 programs currently serving 840,000 college students would not pass the Department’s new standards, which...
|Final Rules Issued for Higher Education Compliance with the Violence Against Women Act|
Joseph W. Cornelison, Hayley E. Hanson; Husch Blackwell LLP;
November 12, 2014, previously published on October 22, 2014On October 20, 2014, the U.S. Department of Education issued its final regulations implementing changes to the Clery Act called for by the Violence Against Women Reauthorization Act of 2013 (VAWA) [http://www.gpo.gov/fdsys/pkg/FR-2014-10-20/pdf/2014-24284.pdf]. Effective July 1, 2015, these...
|How to Respond to FOIA Requests For Overall Teacher Summative Ratings?|
Mark J. Sommaruga; Pullman & Comley, LLC;
November 12, 2014, previously published on October 16, 2014It has come to our attention that certain school districts in Connecticut have already received requests under the Freedom of Information Act [“FOIA”] for access to overall district and school level summative ratings of all teachers evaluated by the districts in the 2013-14 school year....
|Ebola on Campus: Questions to Ask for Required Emergency Response Planning|
Anne D. Cartwright; Husch Blackwell LLP;
November 12, 2014, previously published on October 23, 2014Colleges and universities are required to develop and publish emergency response and evacuation procedures. Is Ebola the sort of “emergency” legislators and regulators had in mind and, if so, how do you plan for it?
|What Every College and University Board Member Should Know About Their Business Officers|
Stephen M. Gross; McDonald Hopkins LLC;
November 11, 2014, previously published on November 7, 2014Consider this: colleges and universities are confronting declining enrollments and escalating costs while national student debt is staggering and many are questioning whether college is worth it. Are college and university board members appropriately engaged in this potential industry crisis? They...
|The 8th Circuit Opens the Door to Partial Discharge of Student Loans and Upends the Totality of Circumstances Test|
Monette Cope; Weltman, Weinberg & Reis Co., L.P.A.;
November 3, 2014, previously published on October 28, 2014Most student loans are nondischargeable in bankruptcy unless a student can show that repayment of the loans will cause the student an "undue hardship". Undue hardship is not defined in the statute, so courts have developed criteria to determine whether an undue hardship exists. Most...
|College and University ‘Financial Services’ and the U.S. Consumer Watchdog|
Anne D. Cartwright, Meghan A. Kloth; Husch Blackwell LLP;
October 23, 2014, previously published on October 3, 2014The reach of the Consumer Financial Protection Bureau, the nation’s top consumer watchdog, extends beyond well-publicized lawsuits claiming deceptive practices by a handful of for-profit schools. Recent actions by the CFPB, along with Congress and state legislatures, are highlighting the role...
|FPPC Goes on Offense to Identify and Fine Gift Reporting Failures|
Gary William Schons; Best Best & Krieger LLP;
October 23, 2014, previously published on October 20, 2014The Fair Political Practices Commission has initiated a proactive approach to auditing and investigating gift reporting failures by government officials, focused on local government entities (most prevalently school districts). This project has resulted in scores of officials being fined and...
|Managing Social Media-Issues Consistent With The Law|
Sally F. Barron; Fisher & Phillips LLP;
October 23, 2014, previously published on October 1, 2014In this age of electronic communication, social media has added another dimension to the array of issues schools must address in order to maintain the integrity of the learning environment while also preserving the rights of students and employees. The courts are faced with numerous lawsuits...
|Surprising Reinstatement Decision of the Human Rights Tribunal Upheld|
Geoffrey Breen; Cassels Brock & Blackwell LLP;
October 20, 2014, previously published on October 10, 2014You may recall that last year, the Ontario Human Rights Tribunal (“the Tribunal”) raised the eyebrows of employers when it ordered that a terminated employee be reinstated to her position with full seniority almost a decade after she had left the workplace. In Fair v. Hamilton-Wentworth...