home

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.

Dates
New Search
Research; Research Safety & Protection; Government Relations; Authorizations & Regulations

Community Statement on House Science, Space, and Technology Committee Hearing on International Academic Exchanges (April 12, 2018)

Joint Statement issued by the American Council on Education, the Association of American Universities, the Association of Public and Land-grant Universities, and the Council on Governmental Relations, welcoming the opportunity to continue working with Congress and relevant national security agencies to protect “legitimate national security interests associated with scientific research conducted at universities.” Outlining past efforts by the federal government and its relevant agencies to collaborate with the higher education community, the Joint Statement expressed disappointment that the FBI’s National Security Higher Education Board (NSHEB) had been disbanded and asked for a meeting to discuss an alternative forum for continued discussions of the type previously provided by through the NHSHEB.

4/16/2018
read
Government Relations; Authorizations & Regulations

NACUBO “What Did I Miss in Washington?” March 19 – April 2, 2018

Summary from the National Association of College & University Business Officers on legislative and regulatory actions that occurred between March 19, 2018 – April 2, 2018. This summary addresses the 2018 Fiscal Year Budget, pushback from thirty states’ attorneys in opposition to the Department of Education’s notice that identifies the federal government as the sole regulator of federal student loan servicers,  negotiation impasses on gainful employment standards, and other developments.

4/2/2018
read
Government Relations; Authorizations & Regulations

President Signs Omnibus Spending Bill Boosting Funds for Student Aid, Research (March 23, 2018)

Report by the American Council on Education (ACE) on the $1.3 trillion omnibus spending bill signed by President Trump. The bill covers the remainder of the 2018 Fiscal Year and increases spending for the Department of Education to $3.9 billion. Also among its provisions are increases to maximum Pell Grant awards, the Federal Work-Study program, and the National Science Foundation. ACE notes, “while we are pleased with the bill and support its passage, we are extremely disappointed that it does not address the fate of the Dreamers or fix the Deferred Action for Childhood Arrivals program, which currently is in legal limbo.” 

3/27/2018
read
Government Relations; Authorizations & Regulations

Secretary DeVos Forms School Safety Commission (March 23, 2018)

Announcement by the U.S. Secretary of Education of new details pertaining to the Federal Commission on School Safety. The Commission is charged with “quickly providing meaningful and actionable recommendations to keep students safe at school” and is comprised of the Secretary of Education, Attorney General Sessions, the Secretary of Health and Human Services, and the Secretary of Homeland Security. The Commission’s first meeting will be held on Wednesday, March 28 in Washington, D.C. Members of the public with recommendations on how to increase school safety are invited to submit their comments to safety@ed.gov

3/27/2018
read
Higher Education Opportunity Act; Government Relations

Letter from Forty-Eight Higher Education Associations to the Senate HELP Committee on Priorities for Reauthorizing the Higher Education Act (Feb. 23, 2018)

Letter from the American Council on Education and forty-seven other higher education associations to the Senate Health, Education, Labor, and Pensions (HELP) Committee in response to their request for comments. The letter details seven principles that represent the broad goals of the higher education community for reauthorizing the Higher Education Act. Included among these principles are improving student aid for students, promoting access to postsecondary education, reducing fraud and abuse where it exists, and streamlining the regulatory burdens institutions must meet without imposing unnecessary costs.

3/8/2018
read
Government Relations; Authorizations & Regulations

NACUBO “What Did I Miss in Washington?” Jan. 23 – March 5, 2018

Summary from the National Association of College & University Business Officers on legislative and regulatory actions that occurred between January 23, 2018 – March 5, 2018. This summary addresses the U.S. Supreme Court’s decision to leave in place a temporary injunction delaying the planned termination date for the Deferred Action for Childhood Arrivals program, legal challenges to the Federal Communications Commission’s rule to repeal net neutrality, and solicitation by the Senate Health, Education, Labor, and Pensions (HELP) Committee for proposals and ideas related to the reauthorization of the Higher Education Act.

3/6/2018
read
Government Relations; Authorizations & Regulations

U.S. Dep’t of Educ. Office for Civil Rights Updates Case Processing Manual (March 5, 2018)

Updated Case Processing Manual (CPM) from the Department of Education Office for Civil Rights (OCR) . The CPM outlines the process by which OCR evaluates information; facilitates resolutions between parties; plans cases, investigations, and resolutions; conducts compliance reviews; directs investigations; monitors resolution agreements; and initiates enforcement actions. Some changes include: 1) removing language of “systematic” investigations, 2) eliminating the appeals process for parents and students who disagree with investigative findings, and 3) broadening circumstances for which an investigator can dismiss allegations or complaints in their entirety.

3/5/2018
read
Financial Aid; Students; Government Relations; Authorizations & Regulations

Request for Information by the Department of Education on Evaluating Undue Hardship Claims in Bankruptcy Proceedings (Feb. 21, 2018)

Request for Information issued by the Department of Education’s Office of Postsecondary Education on factors and tests to be considered in evaluating “undue hardship” claims asserted by student loan borrowers in bankruptcy court. The U.S. Bankruptcy Code provides that student loans can be discharged if repayment would impose an undue hardship on the borrower, but the standard for determining an undue hardship has previously been left to federal courts, which devised two tests for this analysis: the Brunner test and the Totality of the Circumstances test. The factors under both tests look to the debtor’s payment history, work history, medical history, future employment prospects, willingness to participate in repayment plans, and necessary expenses that are unique to the debtor, among other considerations. The Department invites the public and interested parties to provide comment and information on: 1) factors to be considered in evaluating undue hardship claims; 2) the weight to be given to each factor; 3) whether the differences between the two tests currently used by federal courts result in inequities among borrowers; 4) circumstances in which loan holders should concede an undue hardship claim by borrowers; and 5) whether the 2015 Dear Colleague Letter, which provides guidance to guarantors and educational institutions in defending bankruptcy proceedings, should be amended. Responses must be received by May 22, 2018. 

2/22/2018
read
123456