Kent Talbert’s writing and speaking activities–
Participated in teleconference panel discussion on April 21, 2016 on “Assessing the Federal Regulatory Response to Sexual Misconduct on Campus” hosted by the American Bar Association’s Section of Administrative Law and Regulatory Practice, Subcommittee on Education.
Presented testimony before the House Education and Workforce Committee’s Subcommittee on Early Childhood, Elementary, and Secondary Education on implementation of the recently-enacted Every Student Succeeds Act. Held on February 10, 2016, the hearing was titled “Next Steps for K-12 Education: Implementing the Promise to Restore State and Local Control.”
Moderated panel discussion in January 2016 on “What Recent Title IX Lawsuits Teach Us About Avoiding and Litigating Claims” at legal seminar hosted by the National Association of College and University Attorneys.
Authored short article, “Behind the Scenes: A Closer Look at OCR’s Enforcement Authority,” published by theFederalist Society in December 2015. The article questions the scope of certain remedies included in Title IX sexual misconduct resolution agreements.
Authored paper “Behind the Scenes: A Closer Look at the Title IX Resolution Letters and Agreements in 2014“published by the National Association of College and University Attorneys in December 2015. The NACUANOTE analyzes six universities’ resolution agreements and related Office for Civil Rights’ letters of findings involving allegations of sexual misconduct, sexual harassment, or both.
Presented remarks on “Title IV [of the Higher Education Act] Challenges in Light of Obergefell v. Hodges: Myth v. Fact” at the Legal and Public Policy Conference of the Council for Christian Colleges and Universities held October 1-3, 2015 in New Orleans, LA.
Co-authored Chapter 7 (“The Road to a National Curriculum: The Legal Aspects of the Common Core Standards, Race to the Top, and Conditional Waivers”) in the book, Drilling Through the Core: Why Common Core is Bad for American Education, published by the Pioneer Institute in fall 2015.
Moderated a panel discussion titled “School’s Out: Are You Ready for Summer Camps?” at the annual conference of the National Association of College and University Attorneys in June 2015.
Coordinated briefing session “Ensuring Academic Integrity in Athletic Programs: The Role of the President, General Counsel, and Faculty in the Academic Lives of Student-Athletes” at annual conference of the National Association of College and University Attorneys in June 2014.
Presented testimony on the Family Educational Rights and Privacy Act at a hearing on July 8, 2013 in Columbus, Ohio before the Ohio State Board of Education.
Served as a panelist at a National Association of College and University Attorneys-sponsored virtual seminar titled “Breaking New Ground in Title IX Sexual Assault and Harassment Investigations and Resolutions? The University of Montana Case and its Implications” on June 25, 2013. He discussed the spectrum of legal authority (statutes, regulations, agency guidance, and Dear Colleague Letters), the relative weight of each as interpreted by the courts, and the applicability of the Administrative Procedure Act.
Coordinated panel discussion “Protecting Minors on Campus: Best Policies and Practices” at the annual conference of the National Association of College and University Attorneys in June 2013.
Participated in a panel discussion of the Common Core Standards at the Heritage Foundation on April 17, 2012 considering, in part, the potential implications of the standards for a national curriculum.
George F. Will, nationally syndicated columnist, discussed The Road to a National Curriculum: The Legal Aspects of the Common Core Standards, Race to the Top, and Conditional Waivers, in his March 9, 2012, Washington Post column.
Kent Talbert and Bob Eitel co-authored a paper (with contributions from Williamson Evers) titled The Road to a National Curriculum: The Legal Aspects of the Common Core Standards, Race to the Top, and Conditional Waivers, that appeared in the February 2012 issue of Engage, a publication of the Federalist Society. The paper analyzes the U.S. Department of Education’s use of grants and conditional waivers under NCLB and its compliance with various federal education laws.
In an interview with Kyle Palmer on August 25, 2011, Mr. Talbert discussed “The Politics of NCLB Renewal,” (Elementary and Secondary Education Act reauthorization) including state and local flexibility, charter schools, and teacher evaluations, as well as legal issues surrounding the Department of Education’s preliminary plans to attach conditions to waivers.
Presented remarks on behalf of the U.S. Chamber of Commerce on August 5, 2011 in New Orleans, LA on the “Free Enterprise Course Act,” a model state bill under consideration by the Education Task Force of the American Legislative Exchange Council. During the meeting, the Task Force endorsed the bill. Mr. Talbert, along with Bob Eitel, served as legislative counsel to the Chamber on the model act. The act requires at least one semester of instruction in the free enterprise system in order to graduate from high school.
Co-authored a paper with Bob Eitel entitled “The U.S. Department of Education’s Federal Student Aid Program Integrity Final Regulations.” The paper appeared in the April 2011 issue of Engage, a publication of the Federalist Society. The paper discusses several of the regulations under the Higher Education Act including those relating to substantial misrepresentation, incentive compensation, and state authorization requirements. The paper may be downloaded here.
Participated in a panel discussion entitled “Understanding How Federal Civil Rights Laws Impact Charter Schools Post-Parents Involved” at the Spring Symposium of the Alliance of Public Charter School Attorneys (APCSA) in San Diego, California on March 8, 2011. Sponsored by the National Alliance for Public Charter Schools, the APCSA seeks to educate and keep members current on the legal issues impacting charter schools, management organizations, and boards.