THE LOUIS D. BRANDEIS CENTER FOR HUMAN RIGHTS UNDER LAW AND THE SILICON VALLEY CHINESE ASSOCIATION FOUNDATION FILE A BRIEF WITH THE U.S. SUPREME COURT IN THE HARVARD CASE

Categories: Higher Education.

Harvard’s discrimination against Asian-American applicants is similar to its discriminatory actions against Jewish applicants in the 1920s and 1930s CHARLOTTE, NC, March 31, 2021 – The Louis D. Brandeis Center for Human Rights Under Law and the Silicon Valley Chinese Association Foundation filed a brief amicus curiae in the U.S. Supreme Court in connection with the Harvard discrimination case, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College. The parties urge the Court to review the decision of the lower court by granting the pending petition for a writ of certiorari filed by SFFA on February 25,
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Title IX: OCR Is Not the Only Game in Town, the Game Will Also Be Played in Courtrooms

Categories: Higher Education.

We expect the Department in the Biden administration to take administrative actions in higher education, and two of the most closely-watched areas of regulatory action in higher education will be Title IV, HEA and Title IX of the Education Amendments of 1972. This blog post focuses on Title IX. Click here for our blog post on Title IV, HEA. In the wake of the issuance by the U.S. Department of Education of the Title IX regulation on sexual harassment, many college and university leaders looked for a way to minimize the applicability of the regulation. The Title IX regulation, which
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Title IV, HEA: For Proprietary Institutions, an Unwelcome Return to the Obama Era

Categories: Higher Education.

We expect the Department in the Biden administration to take administrative actions in higher education, and two of the most closely-watched areas of regulatory action in higher education will be Title IV, HEA and Title IX of the Education Amendments of 1972. This blog post focuses on Title IV, HEA. Click here for our blog post on Title IX. The Trump administration issued several Title IV, HEA financial-aid regulations that addressed the dramatic change in technology in higher education. There are now new regulations on distance education and innovation, as well as on accreditation and religious liberty. However, as we
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Jonathan Vogel is Quoted in Newsweek Addressing Whether Colleges Are Required to Refund Tuition and Fees

Categories: Higher Education.

COVID-19 disrupted the lives of countless college students and families during the 2019-2020 school year who paid exorbitant amounts of money to attend school and to take classes on campus, as opposed to online. Many of them now want some of their money back. On June 23, 2020, Managing Attorney Jonathan Vogel was quoted in a Newsweek article that addressed whether colleges are legally required to refund tuition and fees. The legal issue is one of contract law, and it will be decided based on each state’s statutory law and common law developed through decisions in prior cases by appellate
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Closed Public Schools that Provide Online, Educational Services to all Students are Required to Provide Special Education and Related Services to Students with IEPs and Section 504 Plans

Categories: K-12.

This week, with many closed K-12 schools set to offer mandatory educational services to the general student population via distance education (online learning) due to COVID-19, public school districts and charter schools will be required to provide special education and related services to students with individualized education programs (IEPs) under the Individuals with Disabilities Education Act (IDEA) or Section 504 Plans under Section 504 of the Rehabilitation Act of 1973.  Some local education agencies (LEAs) may be under the misimpression that, as a result of a school closure order issued by the governor of their state, the LEA need not
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