Independent Schools
Shipman’s Independent School lawyers understand firsthand the complex issues and distinctive nature of the independent school environment. As experienced advisors in the education and school law field, we are counsel to over 150 educational institutions, including a diverse group of independent day and boarding schools, including Montessori, K-12, junior boarding, and religiously affiliated schools. We enjoy strong relationships with independent school associations such as NAIS and CAIS and are committed to staying at the forefront of the evolving legal needs of our school clients. Our lawyers frequently present and conduct workshops at the regional and national level, and our services are designed to provide a consolidated approach to meeting each school’s legal needs. Whether our clients are navigating a student discipline matter or employment claim, engaging in new campus construction, or managing the global disruptions caused by COVID-19, we have them covered.
Working across internal school departments, from the head of school to human resources, we provide integrated counsel tailored to meet the needs of the school community. We understand the complexity of the school environment and our clients’ need to have practical, real-time solutions to even the most complicated legal issues in a timely and cost-effective manner.
Governance, Operations, and Financing
Critical to the operation of an independent school is the proper functioning of its school board. We routinely advise boards on best practices in governance and policy development, including review of bylaws, fiduciary obligations, and board operations.
Data Privacy
In an increasingly virtual environment, the need to limit risk and liability and respond quickly to data breaches is more important than ever. We have managed large data breaches, including representing more than a dozen institutions in the 2020 Blackbaud breach. When it comes to sensitive student and employee data, we assist independent schools with data sharing questions, telehealth, contracting with vendors and complying with state laws when providing new and innovative services, such as GDPR. We have assisted more than 15 schools in the review of their COVID testing contracts and regularly represent them with respect to Department of Public Health issues.
Faculty and Student Matters
We understand the unique relationship between faculty and students at independent schools. We are experienced in providing practical and legal advice on the range of issues that schools face on a daily basis, including issues relating to professional boundaries, student health, confidentiality, student disciplinary matters, sexual harassment and bullying, Title IX and mandated reporting. We regularly represent schools in all manner of student and faculty affairs, including the development of essential documents, such as legally compliant handbooks, enrollment contracts, waivers and travel forms, and counsel on compliance with laws such as the ADA, FMLA, and other state and federal laws.
Employment Counseling
Employment issues at independent schools can be complex, given the varied and multiple roles of faculty and staff. Our lawyers are exceptionally experienced on advising schools on the full range of employment matters including, hiring practices and employment policies, handbooks, proper employee classification, contracts, employee discipline, and terminations. Schools rely on us to handle all aspects of employment disputes from representing them at administrative or agency proceedings to handling litigation in state and federal court. In addition, our employee benefits lawyers provide specialized advice with respect to all aspects of employee benefits, executive compensation and similar matters. More recently, we have advised schools on the impact of the CARES Act, including EPSLA and FFCRA, the adoption and development of telework and leave policies, voluntary early retirement incentive programs, discrimination policies, and head of school employment contracts.
Investigations
Our skilled investigations team assists in the conduct of internal investigations, either in the role as an independent investigator or as counsel to the school in managing highly sensitive and complex investigations, including claims of historic sexual abuse and misconduct. We frequently counsel independent schools in all aspects of the investigation process, whether involving allegations of employee or student misconduct, discrimination and harassment, or sexual abuse. Our experience working with law enforcement, child welfare agencies and other governmental agencies, as well as in crisis management, is invaluable in guiding schools through complex and high-profile investigations.
Litigation
Shipman’s litigation team is well-known for trying cases, achieving results that protect our clients, and setting important industry precedents. Our litigation team has extensive experience with virtually every area of litigation that impacts independent schools, including class actions on tuition refunds or wage-and-hour issues, single-plaintiff cases involving claims of sexual misconduct, tenure and promotion denial, discrimination, harassment, retaliation, free speech, and contract disputes and collections. In addition, our trial lawyers regularly handle complex matters throughout the country, and have appeared in more than 40 jurisdictions.
Campus Building Projects and Clean Energy
We understand the challenges independent schools face in new building and renovation projects. Our real estate lawyers assist in the acquisition, development and management of property; planning and zoning; conveyancing; and leasing to meet each school’s institutional needs. Whether the school is building new or renovating existing academic buildings, dormitories, dining facilities, and athletic facilities, our construction lawyers stand ready to assist in every phase of the project. In addition, we advise on a wide range of clean energy projects, green building standards, energy conservation and efficiency projects, energy savings performance contracts, electric and natural gas purchasing, and managing energy options.
When confronted with environmental considerations, our environmental health and safety lawyers assist with compliance, environmental permitting, financing, and environmental insurance and risk management in construction projects.
Primary Contacts
-
-
-
-
-
