Practices
School Law

School Law

We don’t just practice school law, we live it. We know the challenges educational institutions face in a complex, competitive and uncertain market, and we work closely with every level of our school clients’ administrations -- from presidents to heads of school to superintendents to board members and trustees -- to anticipate and frame questions regarding complicated issues and legislative or regulatory changes, before they are asked. We understand that every interaction with students, faculty and staff, families, and the public is of the utmost importance to our clients, and this understanding serves as the framework for the delivery of Shipman’s legal counsel.

Our practice is devoted to helping schools stay out of trouble, and our approach is tailored to each school’s unique mission. We apply our extensive experience representing over 100 local and regional public and charter schools and more than 50 of Connecticut’s independent schools, as well as many private and public colleges and universities, throughout the Northeast and nationally, to help educational institutions solve any problem they face.

Our lawyers regularly research, write, teach, and speak on critical issues that benefit our clients. We teach courses at the University of Connecticut School of Law and Neag School of Education, and the Quinnipiac University School of Law and School of Education. Co-chair of our School Law practice, Thomas B. Mooney’s book A Practical Guide to Connecticut School Law, is the preeminent treatise on school law in Connecticut.

What we do:

We provide school clients with prompt, cost-effective, high-quality legal counsel that aligns with the school’s objectives. No matter the issue -- from Title IX and campus sexual misconduct to collective bargaining or student data privacy -- we have schools covered. Our suite of services includes:

Labor and Employment: We advise schools on the full range of labor and employment matters, including collective bargaining, union organizing, employment counselling and disputes, teacher tenure, termination and discharge, wage and hour, immigration, employee benefits, discrimination and harassment, and investigations.

Student Matters: We regularly advise schools on student matters, including admissions and enrollment, special education, student conduct and safety, bullying, handbooks, international travel/field trips, student misconduct, Family and Educational Rights and Privacy (FERPA) and Health Insurance Portability and Accountability Act (HIPAA), mandated reporting, discrimination and harassment, and investigations.

Governance: When it comes to general governance, we counsel schools on matters, including governance and board policy development, bylaws and conflict of interest policies, crisis management and response, and ombudsman programs.

Operations: In the area of school operations, we assist in matters, including financing and investments (including CHEFA), contract and procurement, state and federal taxation and endowments, construction, environmental compliance and risk management, real estate, cybersecurity and data breaches, housing matters, and intellectual property.
State and Federal Requirements: We counsel schools across the full range of state and federal requirements, including Title VI, Title IX, Section 504 of the Rehabilitation Act of 1973, Americans with Disabilities Act (ADA), Individuals with Disabilities Act (IDEA), Clery Act, and Uniform Prudent Management of Institutional Funds Act (UPMIFA).
Litigation: We are skilled litigators when it comes to defending schools against civil rights claims, class actions, special education, tuition enrollment, discrimination and harassment and other claims.

What we do:

Labor and Employment: We advise schools on the full range of labor and employment matters, including collective bargaining, union organizing, employment counselling and disputes, teacher tenure, termination and discharge, wage and hour, immigration, employee benefits, discrimination and harassment, and investigations.

Student Matters: We regularly advise schools on student matters, including admissions and enrollment, special education, student conduct and safety, bullying, handbooks, international travel/field trips, student misconduct, Family and Educational Rights and Privacy (FERPA) and Health Insurance Portability and Accountability Act (HIPAA), mandated reporting, discrimination and harassment, and investigations.

Governance: When it comes to general governance, we counsel schools on matters, including governance and board policy development, bylaws and conflict of interest policies, crisis management and response, and ombudsman programs.

Operations: In the area of school operations, we assist in matters, including financing and investments (including CHEFA), contract and procurement, state and federal taxation and endowments, construction, environmental compliance and risk management, real estate, cybersecurity and data breaches, housing matters, and intellectual property.
State and Federal Requirements: We counsel schools across the full range of state and federal requirements, including Title VI, Title IX, Section 504 of the Rehabilitation Act of 1973, Americans with Disabilities Act (ADA), Individuals with Disabilities Act (IDEA), Clery Act, and Uniform Prudent Management of Institutional Funds Act (UPMIFA).
Litigation: We are skilled litigators when it comes to defending schools against civil rights claims, class actions, special education, tuition enrollment, discrimination and harassment and other claims.

The School Law lawyers at Shipman offer our clients effective and efficient solutions to any and all problems they confront in operating our schools. We combine over forty years of experience in matters of school law with the resources of a large firm and expertise in all areas of the law, including business contracts, environmental law, intellectual property, litigation and employment law. Our clients include over 100 public school districts, charter schools, magnet schools, and other educational entities, as well as related organizations and associations.

Financing

Secure CHEFA Financing to Support Campus Initiatives

Assist numerous independent schools and institutions of higher education in issuing tax-exempt and taxable bonds through the Connecticut Health and Educational Facilities Authority (CHEFA) to achieve money-saving refinancings of outstanding debt, and to support campus construction of state-of-the art new facilities, and money-saving renovations of existing facilities.

PPP/CARES Act Assistance

Assist independent schools and institutions of higher education and other businesses with SBA Paycheck Protection Program (PPP) loans under the CARES Act, including with respect to eligibility (including the necessity certification), documentation and forgiveness.

Higher education

Assisted University in Establishing First Responder Housing During COVID-19 Pandemic

Assisted a university in providing campus housing while students were off campus for first responders from surrounding municipalities during the COVID-19 pandemic to reduce risk of virus transmission to first responders’ families. Representation included drafting and negotiating facility use agreements, with attention to COVID-19 testing for first responders.

Defended University against Claims of Age Discrimination

Achieved summary judgment in favor of a private Connecticut university on an age discrimination claim challenging the university’s decision to remove a professor from her previously held position as director of an undergraduate program. After the professor filed an appeal, we successfully argued before the Second Circuit resulting in an opinion affirming the district court’s decision in its entirety.

Lyme Academy College of Fine Arts Now an Affiliate of the University of New Haven

University of New Haven

We represented the University of New Haven in connection with the affiliation of Lyme Academy College of Fine Arts in Old Lyme, Connecticut with UNH. This exciting opportunity for UNH allows UNH to enhance its experiential learning opportunities in the fine arts and adds to its growing footprint of campuses throughout Connecticut and beyond. In connection with the rare affiliation of two institutions of higher learning, a team of attorneys and paralegals at the firm addressed the many legal issues presented - ownership, corporate governance, 501(c)(3) and other tax matters, endowment and charitable giving matters, accreditation and regulatory consents, human resources, employee benefits, faculty, staff and student matters, real estate, environmental matters, housing (including condominium issues), degree requirements, financial aid, accounting, and lender consents.

Resolution for College in Groundbreaking Federal Court Case Alleging Implicit Bias

Successfully represented a private college in a federal court where a professor claimed she was denied tenure and did not receive the training and mentoring provided to other professors due to implicit bias against her. The case was one of the first cases in the country based on a theory of implicit bias. Depositions of experts proposed by plaintiff on this novel theory helped lead to resolution of the case in a favorable manner for the college.

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Independent schools

$43M CHEFA Financing for Independent School

Represented an independent school on its $43 Million CHEFA Series E Bond issue, which refinanced the School’s existing debt to achieve significant debt service savings. The transaction involved lawyers from our finance and environmental groups, who worked with the School’s staff and Board representatives to draft, negotiate and complete the required documentation for a successful financing.

Health Care and Privacy Counsel

Independent School

Provide general health care and privacy counsel, including day-to-day guidance, for a number of independent school clients.

Representation in Department of Public Health Investigation

Independent School

Represented independent school on-campus health center in an investigation conducted by the Department of Public Health.

Risk and Crisis Management Counsel for Independent School

Independent Schools

Conducted investigation related to claims of discrimination and advised regarding school related employment and board issues in effort to develop effective strategies to mitigate risk and manage potential liability.

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