Higher Education Law Report

We previously reported here that institutions of higher education (IHE) located in New York State are required to submit a copy of all written rules and procedures necessary to demonstrate compliance with Article 129-A and Article 129-B of the New York State Education Law to the New York State Education Department (NYSED or Department) for review. As promised, NYSED has provided more detailed information on how to submit these materials. All materials must be submitted by July 1, 2024.

Read More >> New Submission Details for Articles 129-A and 129-B Decennial Reporting

In the midst of antiwar protests and a rise in antisemitic incidents at institutions of higher education (IHE) across the country, the Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) on May 7, 2024 reiterating its commitment to enforcing Title VI of the Civil Rights Act of 1964.

Read More >> Navigating Compliance with OCR’s New Guidance on Title VI

By July 1, 2024, New York’s colleges and universities must submit a copy of all written rules and procedures necessary to demonstrate compliance with Article 129-A and Article 129-B of the New York State Education Law.

Read More >> Article 129-A and 129-B Full Compliance Reporting Deadline: DUE July 1, 2024

On Jan. 31, 2023, the U.S. Department of Education’s Office for Civil Rights (OCR) issued a new fact sheet interpreting Title VI of the Civil Rights Act of 1964, which prohibits discrimination in federally assisted programs and activities based upon race, color or national origin. OCR is charged with enforcement of Title VI in educational settings.[1]

Read More >> OCR Issues New Fact Sheet on Diversity and Inclusion Activities Under Title VI of the Civil Rights Act of 1964

This is an update to our prior information memo, which you can read here.

On Sept. 14, 2022, the U.S. Supreme Court denied Yeshiva University’s application for a stay pending appeal of the permanent injunction issued by a New York State trial court in June. Accordingly, the University must now “immediately grant [ ] YU Pride Alliance the full and equal accommodations, advantages, facilities, and privileges afforded to all other student groups at Yeshiva University,” as directed by the trial court. The Supreme Court’s September 14 decision vacated the temporary stay previously granted to Yeshiva just days earlier by Justice Sotomayor.

Read More >> Yeshiva University Pride Alliance—Update

On June 14, the New York State Supreme Court, New York County (a trial level court in New York State), ruled that Yeshiva University (YU) and its president must “immediately grant plaintiff YU Pride Alliance the full and equal accommodations, advantages, facilities and privileges afforded to all other student groups at Yeshiva University.”¹

Read More >> Yeshiva University Pride Alliance

It’s that time of year again! Just a friendly reminder that New York colleges and universities must file their Article 129-A and Article 129-B of the Education Law Certification of Compliance with the New York State Education Department (NYSED) on or before July 1, 2017.  By signing and submitting the Certification of Compliance with NYSED, each institution confirms that it is in compliance with Article 129-A of the Education Law, which relates to the regulation of conduct on campuses and other college property used for educational purposes, and Article 129-B, which relates to the implementation by colleges and universities of sexual assault, dating violence and stalking prevention and response policies and procedures.  Unlike last year, institutions do not have to submit their related policies and procedures to NYSED with their Certifications of Compliance.

To file the Certification of Compliance with NYSED, institutions must use the electronic filing system established by NYSED. The Certification of Compliance form, instructions on submitting the same to NYSED and a link to the filing system can be found at  http://www.highered.nysed.gov/ocue/Article129ABcert.html.

Please note that the annual aggregate data reports mandated by §6449 of the Education Law are not required to be submitted to NYSED at this time.  According to NYSED, information about how and when to submit the aggregate data reports will be provided to institutions as soon as it is available.

If you have any questions or need assistance with meeting the fast approaching July 1 deadline, do not hesitate to contact us.