Private, Independent, and Charter Schools

Overview

Private schools, boarding schools, charter schools, proprietary schools, and other nonprofit educational institutions turn to Nixon Peabody for trusted guidance on a variety of matters, from board governance to advice on daily operations. Combining legal acumen with a commitment to exceptional client service, we work to protect the independence and reputations of our institutional clients, while also reflecting the values of their communities.

We team with our clients to address issues that impact students and their families, faculty and staff, alumni, and external stakeholders. Leveraging years of experience, we devise proactive solutions to challenges in policy creation, reporting, labor, employment, benefits, and more.

Representative Experience

• Financings and Debt Restructuring: Assist with the financing of school facility acquisition, construction and renovation, as well as refinancing or restructuring of existing indebtedness. We are well versed in a wide variety of financing options including public bond offerings and private placements, bank loans, lines of credit and alternative structures to help our clients access capital. 
• Investigations and Compliance: Counsel top-tier schools concerning allegations of present and historical sexual misconduct involving faculty, staff, and students. Our work has included investigating allegations, coordinating reports to authorities, guiding institutional response, defending in related civil arbitrations and lawsuits, and creating effective campus safety programs. We have also represented schools and their employees in connection with criminal and civil sexual abuse investigations and litigation, including grand jury appearances and non-prosecution settlement negotiations.
• Labor and Employment: Act as day-to-day employment counsel on a variety of labor and employment law subjects, including policies, faculty and administrator contracts, employee discipline and discharge decisions, harassment complaints, leaves of absence management and disability-related issues, wage-hour issues, including overtime and payroll practices, workforce structuring decisions, and labor relations. We also have defended institutions against labor and employment-related claims of all types in federal and state courts and before various administrative agencies. We have favorably resolved disputes initiated by disciplined and terminated employees.
• Data Privacy: Draft data privacy plans for handling the personal information of students and staff and data collected by campus health services to ensure full compliance with applicable state and federal regulations, including the Family Educational Rights and Privacy Act (FERPA).
• Special Education Compliance and Trainings: Counsel school boards, administration, and staff with regard to special education issues, including compliance with individualized education plans (IEPs) and 504 plans, procedural matters pertaining to Committee on Special Education meetings, and state and federal laws pertaining to students with disabilities.
• Education Law Compliance: Serve as outside general counsel and advise on day-to-day school issues, including, but not limited to, transportation, student disciplinary matters, student residency, health and safety, attendance and truancy, record-keeping requirements, and more.
• Governance: Represent institutions on finance, records retention, and general corporate governance matters, which includes, but is not limited to, advice and counsel on the bylaws, charter, organizational documents, and policies and procedures of the board and school.
• Real Estate: Our real estate attorneys have advised institutions on construction contracts, real property acquisitions and dispositions, leasing, and zoning matters.
• Staff and Board Training: Train employees and board members regarding sexual harassment and discrimination, mandatory reporting obligations, maintaining appropriate student boundaries, special education, data/privacy, good governance, and optimal school policies.
• Charter Schools: Advice and counsel regarding charter school applications, renewal applications, and dissolution proceedings. Our attorneys are well-versed in the political climate surrounding the School Choice movement and regularly communicate with external community stakeholders, including representatives of the districts of residence, districts of location, and local municipalities.
• Mergers and Consolidations: Counsel and advise from initial conversations until the filing of an agreement and plan of merger—our attorneys have worked with private and charter schools during all stages of a merger and consolidation. We also have assisted educational institutions with exploring shared services agreements in lieu of a complete merger or consolidation. Our advice is tailored to meet the needs of the school and align with its strategic goals.
• Religious Institutions: Advise religious educational institutions regarding exemptions from state and federal mandates.
• General Nonprofit: Advice and counsel regarding structuring an educational corporation, applying for tax-exempt status with the IRS, and complying with all state registration requirements as a charitable organization, as well as fundraising, school events, third-party vendor agreements, “friends of” organizations, scholarships, and sponsorships issues.
• Licensure for Daycares and After-School Programs: Advise clients on the statutory requirements necessary to form daycares or school-age programs, communicate with representatives from the local departments of child and family services, and prepare policies and procedures necessary for daycares and schools to operate in accordance with state, local, and federal laws.