Education Law

Couch White’s Education Law practice group offers education sector clients, including charter and private schools, the full range of legal services covering all aspects of formation, governance, management, operations, contracting, employment, finance, real estate, compliance, litigation, merger and governmental / authorizer interaction, including Internal Revenue Service 501(c)(3) tax-exempt entity applications and filings.

The Firm’s representative experience includes:

• Assisting with the application process for, and conducting legal reviews of, new charter schools, renewals, and charter revisions.
• Forming new private schools in New York either as business corporations seeking consent of the New York State Education Department or by education corporation petition to the New York State Board of Regents.
• Revisions to private school charters and New York Education Commissioner consents to revisions of certificates of incorporation to add or change school sites.
• Navigating new construction, expansion, renovation, leasing, and financing of school facilities, including serving as borrower’s counsel on tax-exempt bond and other facilities financing transactions, structuring transactions with not-for-profit and other lenders, and setting up special use corporations (“Friends Of”) for facility financing and rental assistance.
• Providing a full suite of governance services including drafting initial bylaws, policies and procedures and resolutions and review of same for existing schools; board and school staff training; attendance at board meetings / hearings; long term planning; and handling of conflicts of interest and fiduciary duty obligations including investigations of director/trustee, officer and employee fraud and criminal activity.
• Compliance with applicable state and federal laws, rules and regulations including FOIL, FERPA, DASA, Open Meetings Law, Title IX, Section 504, IDEA, Title VI of the Civil Rights Act of 1964 and Guidance of the USDOE Office of Civil Rights (OCR).
• Merger, consolidation, and joint venture planning (including financial consequences), implementation, and due diligence for charter and private schools.
• Contract drafting and negotiation including management contracts and employment services and severance 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.
• Employment, and labor law services including handling EEOC, N.Y. Division of Human Rights, and other discrimination complaints and lawsuits; teacher certification issues, 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 regarding:
  • Students with disabilities;
  • Student discipline policies and matters including suspension and expulsion hearings;
  • Civil and constitutional rights and access;
  • Representation before NYSED, SUNY, and the NYCDOE for authorizer administrative hearings and proceedings; and,
  • Defending schools facing OCR, authorizer or ORISS investigations.