Tag Archives: Notice and Comment

Oklahoma Wesleyan University Joins Lawsuit Challenging Title IX Sexual Assault Guidance

Yesterday, Oklahoma Wesleyan University joined pending litigation in the District of Columbia–now titled John Doe and Oklahoma Wesleyan University v. Catherine H. Lhamon, et al., 1:16-cv-01158-RC–challenging the U.S. Department of Education’s controversial Title IX Sexual Misconduct Guidance issued on April 4, 2011 in a Dear Colleague Letter.  Plaintiffs contend the Department’s Office for Civil Rights violated … Continue Reading

Oversight Hearing on Proposed ESSA Title I Regulations

On Thursday, July 14, 2016 at 10:00 AM, the Senate Health Education Labor and Pensions Committee will hear from education stakeholders about what they think about the proposed Title I regulations to Title I of the Elementary and Secondary Education Act, as amended by the Every Student Succeeds Act (ESSA), published earlier today (July 11) … Continue Reading

Court of Appeals Holds Notice and Comment Rulemaking Required

In a 2-1 decision  announced on November 9, 2015, the U.S. Court of Appeals for the Fifth Circuit affirmed a Texas court’s injunction against executive actions of the Department of Homeland Security that had sought to give quasi-legal status and work permits to certain undocumented immigrants.  In so holding, the court noted the executive actions constituted, … Continue Reading

Family Educational Rights and Privacy Act (FERPA) Dear Colleague Letter: Notice and Comment Rulemaking Required

A little over a month ago the U. S. Department of Education released a draft FERPA Dear Colleague Letter (guidance) seeking public comments (due October 2, 2015) on its preliminary legal view that there are very limited circumstances whereby a university may share student medical records with its own legal counsel. Under the Department’s proposed … Continue Reading

Federal Government’s Use of Regulatory Guidance Under Investigation

Earlier this month Chairman Lamar Alexander (R-TN) of the Senate Health, Education, Labor and Pensions Committee and Chairman James Lankford (R-OK) of the Homeland Security Committee’s Subcommittee on Regulatory Affairs and Federal Management announced their intent to investigate whether federal agencies are “skirting notice and comment laws” in their issuance of guidance documents.  Guidance documents … Continue Reading