News

THE SUPREME COURT ENDS AFFIRMATIVE ACTION IN HIGHER EDUCATION

 

On June 29, 2023, the Supreme Court of the United States (the “Court”) issued its decision in the twin cases of Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina (collectively, “Students for Fair Admissions, Inc.”). In a majority opinion authored by Chief Justice John Roberts, the Court found that Harvard College’s (“Harvard”) and the University of North Carolina’s (“UNC”) race-based admissions programs violated the Equal Protection Clause of the Fourteenth Amendment (the “EP Clause”) of the United States Constitution. This decision ends the Court’s established, though always uneasy, acceptance of affirmative action in higher education and stands to dramatically alter college admissions across the country.

 

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Latest News

U.S. DEPARTMENT OF EDUCATION ISSUES REVISED TITLE IX REGULATIONS

On April 19, 2024, the United States Department of Education (“DOE”) issued final regulations for Title IX of the Education Amendments of 1972 (“Title IX”). Title IX prohibits discrimination based on sex in education programs or activities receiving federal financial assistance. The new regulations go into effect on August 1, 2024, so school districts are encouraged to review their policies and procedures and provide staff training on these new regulations as soon as possible. The final regulations continue to list specific elements that must be included in any policy, such as range of disciplinary actions, standards of evidence, and procedures. The DOE has provided template policies here: https://www2.ed.gov/about/offices/list/ocr/docs/resource-nondiscrimination-policies.pdf and Murphy, Hesse, Toomey & Lehane will be creating model policies and notice letters as well.

Legal Updates

U.S. DEPARTMENT OF EDUCATION ISSUES REVISED TITLE IX REGULATIONS

On April 19, 2024, the United States Department of Education (“DOE”) issued final regulations for Title IX of the Education Amendments of 1972 (“Title IX”). Title IX prohibits discrimination based on sex in education programs or activities receiving federal financial assistance. The new regulations go into effect on August 1, 2024, so school districts are encouraged to review their policies and procedures and provide staff training on these new regulations as soon as possible. The final regulations continue to list specific elements that must be included in any policy, such as range of disciplinary actions, standards of evidence, and procedures. The DOE has provided template policies here: https://www2.ed.gov/about/offices/list/ocr/docs/resource-nondiscrimination-policies.pdf and Murphy, Hesse, Toomey & Lehane will be creating model policies and notice letters as well.

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