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|New Jersey School Districts Have Duty of Reasonable Supervision of Students at Dismissal|
Betsy G. Ramos; Capehart & Scatchard, P.A.;
October 11, 2016, previously published on September 29, 2016Since 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...
|White House Addresses Sexual Misconduct in K-12 Schools|
Thomas Dorer, Susan D. Friedfel, Mariah H. McGrogan, Bethany Swaton Wagner; Jackson Lewis P.C.;
October 10, 2016, previously published on October 5, 2016A 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...
|Michigan Supreme Court Declines to Weigh in on Non-Public School Funding|
Laura J. Genovich; Foster, Swift, Collins & Smith, P.C.;
October 10, 2016, previously published on October 5, 2016The 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...
|Clery 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;
October 7, 2016, previously published on August 30, 2016The 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...
|U.S. Department of Education Issues Additional Guidance for Higher Education Institutions Regarding Obligations Related to Third-Party Servicers|
Duane Morris LLP;
October 7, 2016, previously published on August 24, 2016Determining third-party servicer status of service providers is a fact-based inquiry with significant consequences for institutional reporting and contractual obligations
|U.S. Department of Education Senior Department Official Announces Decision to Terminate Federal Recognition of Higher Education Accreditor|
Duane Morris LLP;
October 6, 2016, previously published on September 23, 2016In 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...
|Public Employee Has No First Amendment Protection for Racial Epithet|
Keith B. Hill; Heyl, Royster, Voelker & Allen Professional Corporation;
October 4, 2016, previously published on Third Quarter 2016In 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.
|New Jersey High School Undergoing Asbestos Remediation|
Waters Kraus LLP;
September 23, 2016, previously published on September 19, 2016About 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...
|Pass or Fail? Data Privacy and Cybersecurity Risks in Higher Education|
James J. Giszczak, Sherri A. Krause, Dominic A. Paluzzi; McDonald Hopkins LLC;
September 12, 2016, previously published on August 23, 2016There 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...
|Educational Institutions Targeted in Fraudulent Payment Requests|
Samuel M. "Tony" Starr; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 12, 2016, previously published on August 26, 2016Educational 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...