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HTMLNew Jersey School Districts Have Duty of Reasonable Supervision of Students at Dismissal
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
October 11, 2016, previously published on September 29, 2016
Since the New Jersey Supreme Court decided Jerkins v. Anderson, 191 N.J. 285 (2007), it has been clear that school districts remain responsible to supervise their students during dismissal. In Jerkins, the Court set forth three elements that define the scope of this duty. This duty was more...


HTMLWhite House Addresses Sexual Misconduct in K-12 Schools
Thomas Dorer, Susan D. Friedfel, Mariah H. McGrogan, Bethany Swaton Wagner; Jackson Lewis P.C.;
Legal Alert/Article
October 10, 2016, previously published on October 5, 2016
A new notice and resource materials from the White House remind K-12 schools of their obligations to prevent and address sexual misconduct under Title IX of the Education Act of 1972. Like colleges and universities, K-12 school districts have a legal obligation under Title IX to respond to...


HTMLMichigan Supreme Court Declines to Weigh in on Non-Public School Funding
Laura J. Genovich; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
October 10, 2016, previously published on October 5, 2016
The Michigan Supreme Court has rejected Gov. Snyder’s request to issue an advisory opinion on the constitutionality of Section 152b of 2016 PA 249, which allows general fund money (up to $2.5 million) to be allocated to nonpublic schools. Critics argue that Section 152b, signed into law on...


HTMLClery Act Enforcement on the Rise: October 1, 2016 Deadline for Colleges and Universities to Complete and Distribute Annual Security Report Fast Approaching
Duane Morris LLP;
Legal Alert/Article
October 7, 2016, previously published on August 30, 2016
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, or Clery Act, 20 U.S.C. § 1092(f) (34 C.F.R. 668.46), requires all schools, colleges and universities that participate in federal student financial aid programs to: (1) maintain and disclose to the public...


HTMLU.S. Department of Education Issues Additional Guidance for Higher Education Institutions Regarding Obligations Related to Third-Party Servicers
Duane Morris LLP;
Legal Alert/Article
October 7, 2016, previously published on August 24, 2016
Determining third-party servicer status of service providers is a fact-based inquiry with significant consequences for institutional reporting and contractual obligations


HTMLU.S. Department of Education Senior Department Official Announces Decision to Terminate Federal Recognition of Higher Education Accreditor
Duane Morris LLP;
Legal Alert/Article
October 6, 2016, previously published on September 23, 2016
In a letter to the Accrediting Council for Independent Colleges and Schools (ACICS) dated September 22, 2016, the designated Senior Department Official (SDO) at the U.S. Department of Education (“the Department”) announced her decision to terminate ACICS as an accrediting agency...


HTMLPublic Employee Has No First Amendment Protection for Racial Epithet
Keith B. Hill; Heyl, Royster, Voelker & Allen Professional Corporation;
Legal Alert/Article
October 4, 2016, previously published on Third Quarter 2016
In Brown v. Chicago Bd. of Educ., 824 F.3d 713 (7th Cir. 2016), the 7th Circuit held that a public school teacher, who was suspended for using a racial epithet in front of his students, was not afforded First Amendment protection because his speech was made pursuant to his employment duties.


HTMLNew Jersey High School Undergoing Asbestos Remediation
Waters Kraus LLP;
Legal Alert/Article
September 23, 2016, previously published on September 19, 2016
About 120 miles southwest of Newark, New Jersey, local school officials at Vineland High School are in the midst of an asbestos removal project. They thought they had completed it years ago. Asbestos was widely used in school construction back in the 1960s when the Vineland school was built. It is...


HTMLPass or Fail? Data Privacy and Cybersecurity Risks in Higher Education
James J. Giszczak, Sherri A. Krause, Dominic A. Paluzzi; McDonald Hopkins LLC;
Legal Alert/Article
September 12, 2016, previously published on August 23, 2016
There is a long list of people who trust their sensitive financial, medical, and personal information to institutions of higher education - including donors, trustees, board members, alumni, students, parents, applicants, faculty, staff, researchers, medical patients, consumers, and vendors. And...


HTMLEducational Institutions Targeted in Fraudulent Payment Requests
Samuel M. "Tony" Starr; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 12, 2016, previously published on August 26, 2016
Educational institutions should be aware of fraudulent request for payments from vendors. The FBI Boston Division identified three incidents over the past month where perpetrators submitted fraudulent transfer authorization forms to divert payments to Boston area colleges and universities. The...


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