New Title IX regulations issued by the Department of Education expand the types of sexual harassment schools must address and give schools greater flexibility in how they handle hearings. But the Supreme Court's recent ruling in "Loper Bright Enterprises v. Raimondo" expands courts' roles in how federal agencies interpret and enforce…

Negotiated rulemaking (neg-reg) has now been used by administrations of both parties to enact major changes to Department of Education rules. The goal of neg-reg is consensus, and the agency's proposals and the conversations during the rulemaking sessions naturally determine whether that goal will be achievable with the parties at the table. To…

This general qualitative research utilized semi-structured interviews of eight (8) experienced Title IX investigators from institutions of higher education (IHEs) in Massachusetts to understand federal Title IX regulatory compliance burdens. The rate of occurrence of sexual assault and harassment, as forms of sex discrimination, at IHEs remain…

The purposes of this article are (a) to canvass the current legislation, regulations, and illustrative agency policy interpretations specific to "transition services" under the Individuals with Disabilities Education Act (IDEA, 2018), and (b) to provide an update of the court decisions since the coverage of an earlier overview of the…

The purpose of this study was to evaluate both the U.S. Department of Education's legal rationale for the 2020 amendments to the existing Title IX regulations and the impact of the regulations on the reliability and accuracy of campus sexual assault adjudications in the higher education context. Title IX of the Education Amendments of 1972 is…

This non-regulatory guidance discusses provisions that govern within-district allocations under Title I, Part A (Title I) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA), and accompanying regulations in 34 C.F.R. §§ 200.64, 200.77, and 200.78. It first addresses required and…

Part B, Section 619 of the Individuals with Disabilities Education Act (IDEA) authorizes additional preschool formula grants to states that are eligible for grants under Section 611 of Part B. States are eligible if they make Free Appropriate Public Education (FAPE) available to all children ages 3-5 with disabilities. While not mandatory, all…

Title IX, a federal statute which prohibits sex discrimination in educational programs receiving federal financial assistance, had its earliest impacts on intercollegiate athletics. But since the late 1990s, it has also been interpreted to prohibit sexual harassment in education. It is this aspect of the Title IX regulations that has received an…

COVID-19 has been a challenging issue for America's public schools and students. The pandemic highlights many issues that already impacted education but have now become far more transparent as the forced school building shutdowns and transition to online learning have spread across the nation. For the 2020-21 school year, the concern is not only…

The development of the information society is giving rise to new challenges to and new requirements for education. The challenges, most importantly, include various structural and institutional changes, which are setting new goals and objectives before the Russian education system, the most significant of these being the creation of a single,…

There are still many unanswered questions regarding the application of response to intervention (RTI) to making eligibility decisions for specific learning disabilities (SLD). Both U.S. federal regulations and research support that students identified with SLD using RTI should be deficient in both level of academic functioning and rate of growth…

The Biden administration is developing regulations around gainful employment (GE) that would protect students from career-oriented college programs that don't adequately serve their students. A draft GE rule released earlier this year would require that graduates of certificate programs at public and nonprofit colleges and nearly all programs at…

Education has been an evolving enterprise since Plato first sat at Socrates' feet. What sets the past few decades apart in the history of education, though, is the rapid pace of change. New technologies, workforce demands, consumer expectations, entrepreneurial innovations and public sensitivity to cost are increasing the pressure for accessible,…

This article offers a critical analysis of the role of public health regulation on tertiary education in Aotearoa New Zealand and, specifically, the requirements and processes of Responsible Authorities under the "Health Practitioners Competence Assurance Act" for the accreditation and monitoring of educational institutions and their…

The Individuals with Disabilities Education Act (IDEA) provides services to students who have disabilities. These IDEA-funded services are afforded to students between the ages of 3 and 21 who attend not only public schools (including charter schools), but also private schools. IDEA contains comprehensive guidelines on 3 processes which, by…