The Group’s Private/Independent School Law practice works with administrators, staff, and faculty of independent and private schools in promptly addressing the unique legal issues affecting non-public schools.  We have extensive experience in the litigation of special education and general school law disputes.  The Group is dedicated to achieving client goals by providing thorough, responsive and committed representation.

Student Issues

Independent school heads need experienced school law counsel in addressing day-to-day student issues.

The Group regularly counsels administrators concerning day-to-day student issues as they arise. These matters range from student safety and disciplinary incidents, to constitutional concerns involving free speech and religious expression. We also analyze liability issues concerning student activities and facility usage.

In an age of increasing school violence, student discipline and the review and handling of zero-tolerance and other policies concerning student behavior are particularly important. The Group lectures extensively regarding student confidentiality and the maintenance of student records and issues related to the retention and destruction of student records. The Group also counsels schools concerning family issues such as the effect divorce and separation bears on access to student information, custody, and the educational participation of non-custodial parents.

Special Education

Federal and State laws concerning disabilities can affect the way private and independent schools educate their students.

The Group has broad experience in the area of special education. Although public schools face the most exposure under the laws that require accommodation for educational disabilities, we work closely with independent school administrators and faculty regarding compliance with the Americans with Disabilities Act, the medical leave acts, and other laws that require schools to offer accommodations for disabled students and employees.

Retirement and Benefit Plans

The Group drafts a range of benefits and financial plans commonly implemented by independent schools and reviews the tax consequences of these plans. We also work with deferred compensation plans and assist in the drafting and implementation of appropriate policies for the management of benefits.

Construction Law / School Contracts

The construction of new school facilities is complex and often leads to litigation.  The Group provides counseling regarding the construction of new school facilities and the renovation of and/or addition to existing facilities. This advice includes reviewing construction contracts, including bid specifications and plans. We also assist schools in responding to the receipt of proposals and the solicitation of quotes, and provide representation to School Committees.

Labor and Employment Law

Schools are confronted with legal issues involving employees on a daily basis.

The Group lectures extensively and is involved in a variety of labor/employment disputes, including confidentiality and reporting requirements for teachers and staff, and sexual harassment in the school setting, including teacher-to-teacher, teacher-to-student, and student-to-student harassment. We also assist administrators in the development and implementation of personnel policies, including the adoption of employment-at-will terms.

Contact us for additional information regarding our Private/Independent School Law practice.