Education Law

The Firm offers education clients, including charter schools, a full spectrum of legal services covering all aspects of governance, management, operations, finance, real estate, compliance, and governmental / authorizer interaction.

The Firm’s representative experience includes:

• Assisting with the application process for new charter schools, renewals, and charter revisions.
• Navigating new construction, expansion, renovation, leasing, and financing of school facilities including acting as borrower’s counsel on tax-exempt bond and other facilities financing transactions, structuring transactions with not-for-profit lenders, and setting up special use corporations (“Friends Of”) for purposes of facility financing and rental assistance.
• Providing a full suite of governance services including formation of not-for-profit, charitable, management, and other tax-exempt entities; drafting bylaws, resolutions, policies, and procedures; board and school staff training; attendance at board meetings / hearings; long term planning; handling of conflicts of interest and fiduciary duties; and compliance with applicable laws and regulations (e.g., FOIL and Open Meetings Law).
• Merger, consolidation, and joint venture planning (including financial consequences), implementation, and due diligence for charter and private schools.
• Contract drafting, negotiation, and management including employment services contracts.
• Tax-exemption work including filings with the I.R.S. for 501(c)(3) status, assistance with annual and tax reporting, and preservation of tax-exempt status.
• Human resources, employment, and labor law services including handling EEOC, N.Y. Division of Human Rights, and other discrimination complaints and lawsuits; teacher certification, child abuse and neglect reporting, and child abuse in an educational setting; employment policies and procedures, screening, and termination; and collective bargaining issues.
• Litigation in connection with any matters listed with the assistance of the Firm’s Commercial Litigation practice area including CPLR Article 78 proceedings involving governmental entities.
• Education law services including advice and counsel regarding:
  • Students with disabilities;
  • Student discipline policies and matters including suspension and expulsion hearings;
  • Civil and constitutional rights and access;
  • Representation before NYSED, OCR, and authorizer administrative hearings and proceedings; and,
  • Family Educational Rights and Privacy Act (FERPA) and PII compliance.