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New Cases and Developments

NACUA's Legal Resources staff summarizes current higher education cases and developments and provides the full text of selected cases to members. New cases and developments are archived here for up to 12 months.  Cases provided by Fastcase, Inc.

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Government Relations; Authorizations & Regulations

NACUBO “What Did I Miss in Washington?” June 12 – June 25, 2018 (June 22, 2018)

Summary from the National Association of College & University Business Officers on legislative and regulatory actions that occurred between June 12, 2018 – June 25, 2018. This summary addresses recent proposals by the White House for the FY19 Congressional spending bills, the status of the Higher Education Act reauthorization bill in the House of Representatives, and the delay of Gainful Employment disclosure requirements.

7/5/2018
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Foreign Students; Immigration & International Activities; Government Relations; Authorizations & Regulations

Letter from Ten Higher Education Associations to House Speaker Ryan Urging a Permanent Solution for DACA Recipients (June 20, 2018)

Letter from the American Council on Education and nine other higher education associations to House Speaker Ryan urging a long-term, legislative solution for Deferred Action for Childhood Arrivals (DACA) recipients. The letter expresses appreciation for recent efforts to address the uncertain fate of DACA recipients through the proposed Border Security and Immigration Reform Act of 2018, while urging Congress to continue to decisively craft a bipartisan solution for protecting the 1.8 million “high-achieving and talented young people” known as Dreamers.

6/21/2018
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Government Relations; Authorizations & Regulations

Invitation to The National Seminar and Tabletop Exercise Series for Institutions of Higher Education (June 20, 2018)

Invitation by the Department of Homeland Security to the 2018 National Seminar and Tabletop Exercise for Institutions of Higher Education. The 2018 National Seminar, which will be held at the University of Texas at San Antonio on September 24 – 25, 2018, will feature workshop sessions, exercises, and review sessions on threats of campus disorder and will provide strategies for campus emergency response planning. The event aims to “provide participants with insight into planning, preparedness and resilience best practices for the academic community” and members of various governmental agencies will be in attendance. To register for the event, please visit this page.

6/19/2018
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Government Relations; Authorizations & Regulations

Announcement by the Department of Education Delaying Regulations on Program Integrity and Improvement (June 18, 2018)

Announcement by the Secretary of the Department of Education Delaying the Effective Date of Final Regulations on Gainful Employment, entitled Program Integrity and Improvement. The Program Integrity and Improvement regulation, scheduled to take effect on July 1, 2018, requires distance education programs to become authorized to operate in each state where the program’s students reside, among other provisions. The Secretary announced that institutions will now have until July 1, 2019 to comply with its disclosure requirements under 34 CFR 668.412(d) and (e). Interested parties must submit their comments on the delay on or before July 18, 2018.

6/18/2018
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Government Relations; Authorizations & Regulations

Delay of the Revisions to the Federal Policy for the Protection of Human Subjects (June 19, 2018)

Final Rule adopting a six-month delay in the effective and general compliance date of the 2018 Requirements for the Federal Policy for the Protection of Human Subjects (FPPHS). The 2018 Requirements, which previously had an effective date of July 19, 2018, now have a delayed effective date of January 21, 2019. Affected institutions are required to comply with the requirements of the pre-2018 Requirements of the FPPHS in the interim with one exception—institutions can implement three burden-reducing provisions during the delay period for studies initiated prior to January 21, 2019. Such provisions include a revised definition of “research,” the removal of requirements to conduct annual continuing review of certain categories of research, and the removal of requirements by institutional review boards to review grant applications related to the research.

6/18/2018
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Endowments & Gifts; Tax; Government Relations; Authorizations & Regulations

Notice of Guidance on the Calculation of Net Investment Income for Purposes of the Section 4968 Excise Tax Applicable to Certain Private Colleges and Universities by the Internal Revenue Service (June 11, 2018)

Notice by the Internal Revenue Service (IRS) of Guidance on Determining Gain or Loss on Disposition of Property for Section 4940(c) of the Tax Cuts and Jobs Act of 2017. The notice states that “in the case of property held by an applicable educational institution on December 31, 2017, and continuously thereafter to the date of its disposition, basis of such property for determining gain shall be deemed to be not less than the fair market value of such property on December 31, 2017[.]” The notice further provides that taxpayers may rely on Section 3 of the notice, entitled Basis for Determining Gain or Loss on Disposition of Property, until further guidance is issued.

6/12/2018
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Government Relations; Authorizations & Regulations

Publication of the Spring 2018 Unified Agenda of Federal Regulatory and Deregulatory Actions (June 11, 2018)

The Regulatory Information Service Center published its Unified Agenda of Federal Regulatory and Deregulatory Actions for Spring 2018. Under the Regulatory Flexibility Act and pursuant to a number of executive orders, agencies are required to publish semiannual regulatory agendas for regulatory actions that “may have a significant economic impact on a substantial number of small entities.” Among the Agency Rule List for the Department of Education, available here, the notice of proposed rulemaking for Title IX regulations is scheduled for September of 2018. The list also addresses regulatory action on program integrity and gainful employment, accreditation, state authorization, borrower defense, and other topics.

6/12/2018
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Campus Police, Safety & Crisis Management; Government Relations; Authorizations & Regulations

Notification of Listening Session by the Federal Commission on School Safety (June 5, 2018)

Notification of Listening Session by the Federal Commission on School Safety. The Federal Commission on School Safety—which was established following the March 12, 2018 shooting at Marjory Stoneman Douglas High School in Parkland, Florida—consists of the Secretary of the Department of Education, the Attorney General, the Secretary of Health and Human Services, and the Secretary of Homeland Security and seeks to provide the President with recommendations on student safety at school. The Commission will hold four listening sessions to “gather information from the public on how schools, districts, institutions of higher education, and other local and State government agencies can improve school safety.” The first session will take place June 6, 2018 in Washington D.C. A schedule of the three other listening sessions, which will be held in other parts of the country, will be posted on the Department of Education website at a later time.

6/5/2018
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