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|Dear Colleague Letter Firmly Urges Districts to Abandon “Zero Tolerance” in Student Discipline Policies|
Pullman Comley LLC;
February 21, 2014The Office for Civil Rights of the U.S. Department of Education (OCR) and the Civil Rights Division of the Department of Justice recently released a joint “Dear Colleague Letter” (DCL) providing guidance on administering student discipline without discrimination on the basis of race,...
|A Mixed Bag of Guidance: The IRS Issues Final Regulations on the Employer Pay-or-Play Mandate Under ACA|
James R. Napoli; Constangy Brooks Smith LLP;
February 19, 2014, previously published on February 12, 2014The IRS released the long awaited final regulations to the employer shared responsibility provisions of the Affordable Care Act ("ACA") (aka the "pay-or-play mandate") along with a set of FAQs on the pay-or-play mandate. On a first read of the 227 pages of guidance, the...
|New Affordable Care Act Regs and Higher Education: Delays, Clarifications and Adjunct Hours Calculation|
Scott A. Behrens, Uche A. Enemchukwu; Husch Blackwell LLP;
February 18, 2014, previously published on February 13, 2014The Department of Treasury recently issued final regulations on the Affordable Care Act (ACA) that attempt to answer several questions for colleges and universities, including when adjunct faculty, coaches and students must be offered health coverage to avoid penalties. The new regulations provide...
|New ACA Regulations Impact Adjunct Faculty Hours and Student Work Study Hours|
Harris T. Booker; Barley Snyder;
February 18, 2014, previously published on February 12, 2014 On Monday, February 10, the IRS issued final regulations on the employer mandate provisions of the Affordable Care Act, which address generally the requirement that applicable large employers have to provide health care coverage to full-time employees or pay a monetary penalty. The...
|Employer “Pay or Play” Mandate Final Regulations Issued—Major Impact on Educational Institutions|
Daniel T. Sulton; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
February 18, 2014, previously published on February 14, 2014Like all other employers across the country, educational institutions have been awaiting final rules to determine their compliance strategy for the Affordable Care Act’s Employer Shared Responsibility provisions (better known as the employer “pay or play” mandate). Under the...
|How to Ensure an Inclusive Environment for Student Athletes and Issues of Sexual Identity|
Andrea N. Jones; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
February 17, 2014, previously published on February 8, 2014Recently, college sophomore Conner Mertens became the first college football player in the United States to publicly come out. Conner is the kicker on the Willamette University football team in Oregon. This unprecedented event affects not only the lesbian, bisexual, gay, transgender, and...
|Student Loan Ombudsman Reports on Survey of Student Loan Servicers|
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
February 17, 2014, previously published on February 11, 2014On February 3, 2014, the CFPB’s Student Loan Ombudsman, Rohit Chopra, wrote a letter summarizing the responses he received to a November 2013 request he issued to private student loan servicers in which he asked them to voluntarily describe their payment processing policies. The November...
|Ontario Legislature Refers Bill 122, School Boards Collective Bargaining Act, 2013, To Committee For Review|
Kate Dearden; Borden Ladner Gervais LLP;
February 14, 2014, previously published on February 10, 2014On October 22, 2013, the Minister of Education, Liz Sandals, introduced Bill 122, School Boards Collective Bargaining Act, 2013. Bill 122 was debated on Second Reading for nine days between October 30, 2013 and December 3, 2013. Finally, on December 3, 2013, the Legislature voted to refer Bill 122...
|Human Rights Tribunal Rules That School Board Denied Student Meaningful Access To Education|
Stephanie Young; Borden Ladner Gervais LLP;
February 14, 2014, previously published on February 10, 2014In a decision released on August 21, 2013, the Human Rights Tribunal of Ontario (the “HRTO”) granted an application filed by the mother of an elementary school student who claimed her son experienced discrimination contrary to the HumanRights Code (the “Code”).
|Update: Access Copyright Takes Action Against York University And The Ministries Of Education|
Brandon Evenson; Borden Ladner Gervais LLP;
February 14, 2014, previously published on February 10, 2014In April 2013, Access Copyright commenced legal proceedings against the provincial Ministries of Education (including Ontario school boards) and York University for refusing to pay tariff royalties. Access sued York University in the Federal Court, and filed an application with the Copyright Board...