What Happened About 4,100 employees carry out the functions of the United States Department of Education; the Trump administration wants to cut that number in half. In March, the President issued an Executive Order calling for the closure of the Education Department….
Client Alerts
U.S. Supreme Court Rejects Tougher Standard for Proving Discrimination Claims by Students with Disabilities
The U.S. Supreme Court recently handed down an important special education ruling that had the potential to substantially change the ability of parents to bring discrimination claims against schools. Please see the outline below. Case Name: A.J.T. v. Osseo Area…
Collections – Foreclosures and Connecticut’s Notice of Coerced Debt
Effective January 1, 2025, a new law has passed in the State of Connecticut that affects collections and can potentially affect foreclosure actions in Connecticut. The State of Connecticut Judicial Branch has created and made available a Notice of Coerced…
Client Alert: Federal District Court Strikes Down 2024 Amendments to Title IX
Yesterday, in a sweeping order that purports to reach far beyond the five states that filed the underlying lawsuit (Tennessee vs. Cardona), a federal district court in Kentucky struck down the 2024 Amendments to Title IX. It was widely anticipated…
Client Alert: U.S. Department of Education Releases Updated Title IX Regulations
Better late than never? You be the judge, but late last week the United States Department of Education (USDOE) finally released the updated Title IX regulations that have been in the works since the USDOE began its review process back…
Have You Heard of FinCEN BOI?
The Corporate Transparency Act requires the disclosure of corporate ownership with the goal of preventing money laundering and the financing of terrorism. This Act passed in 2021. This Effects LLC.s, Corporations and Other Businesses of All Sizes Most U.S. corporations,…
Client Alert: NLRA Joint Employer Standard Broadened
On October 27, 2023, the National Labor Relations Board’s (“NLRB”) published a final rule broadening the National Labor Relations Act (“NLRA” or “Act”) standard for when two entities that conduct business together will be considered “joint employers.” This new rule…
Remote Public Meetings and Other COVID-19 Measures Extended in MA until March 31, 2025
On Thursday, March 23, Governor Healey signed into law a provision that extends the ability of public bodies to continue meeting remotely until March 31, 2025. The law, Amendment H.3548, was previously set to expire on March 31 of this…
Requirements and Considerations for School Leaders During Ramadan
Ramadan began at sunset on March 22, 2023, and is expected to last through April 21, 2023. Many Muslim students and teachers attend or work in schools throughout Pennsylvania and will be observing religious fasting from dawn to sunset. With…
U.S. Supreme Court Finds School Districts Can Be Sued for Damages Even When IDEA Administrative Process Has Not Been Exhausted
Introduction On March 21, 2023, the United States Supreme Court issued its written unanimous, 9-0 opinion, in the case of Perez vs. Sturgis Public Schools, et al. At issue in the case was whether students and parents were required to…
Grant Funding Available for Dual Credit Programs in Pennsylvania
The Shapiro Administration announced that it will be making $6.5 million of grants available to support dual credit programs in Pennsylvania. With the passage of Senate Bill 237, brick-and-mortar charter schools and cyber charter schools are now required to participate…
FHA Enhances COVID-19 Loss Mitigation Programs
On January 30, 2023, the Federal Housing Administration (FHA) announced that it would be “expanding and enhancing” its loss mitigation options that were developed during the COVID-19 pandemic. For our clients servicing FHA loans, the enhancement allows it to use…
PA School Funding System is Unconstitutional: What Happens Next?
Yesterday, in a landmark decision, the Commonwealth Court determined that the system for school funding in Pennsylvania based on the value of taxable property is unconstitutional. The Court determined that education is a fundamental right guaranteed by the Pennsylvania Constitution…
Personal Guaranty in a Commercial Loan Follows the Note
In most commercial loans, the corporate entity is the borrower, but the members or shareholders of that corporate borrower are required to guaranty the loan by signing a Personal Guaranty. In the lending industry, Promissory Notes are often endorsed to…
3 Changes to Reporting and Collection of Medical Debt
Starting on July 1, 2022, the three nationwide credit reporting agencies, Equifax, Experian and TransUnion have agreed to three changes in how medical collection accounts are reported. The three credit reporting agencies will no longer include paid medical collection debt…
MA Seeks to Protect Tenants from Foreclosure
A House and corresponding Senate bill aimed to protect tenants who occupy a foreclosed property from eviction has had favorable responses and has strong potential to become law in MA. H. 1483 and S. 1047, “An Act preventing unnecessary vacancies…
Centers for Medicare & Medicaid Services Ending Certain COVID-19 Regulatory Waivers for Skilled Nursing Facilities
The Centers for Medicare & Medicaid Services (CMS) recently issued Memorandum QSO-22-15-NH & NLTC & LSC (Memorandum) announcing that certain staffing, treatment, and life safety regulatory waivers applicable to skilled nursing facilities (SNF) and in effect during the COVID-19 state…
New Jersey Extends Statute of Limitations for Special Education Compensatory Education Related to COVID-19
On March 3, 2022, New Jersey Governor Phil Murphy signed into law legislation that extends the statute of limitations for filing a due process petition regarding the identification, evaluation, or educational placement of a child with a disability, or the…
Education Alert: Open Meetings Act
On February 24, 2022, the Rhode Island Office of the Attorney General completed an investigation into an Open Meetings Act (“OMA”) complaint filed against the Council on Elementary and Secondary Education (“Council”) and issued a decision finding the Council violated…
EEOC Issues Updated Guidance on Accommodating Employees’ Religious Objections to COVID-19 Vaccines
On March 1, 2022 the United States Equal Employment Opportunity Commission (the “EEOC”) issued new technical guidance (the “March 1 Guidance”) for employers on how to address an employee’s religious objection to COVID-19 vaccinations and requests for accommodations. The March…