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Education

Education

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Overview

McDermott Will & Schulte’s Education Law Group focuses on representing private educational institutions, including independent schools from pre-nursery through grade 12; colleges and universities; national testing organizations; education associations; and sports leagues. We have unique experience in providing legal representation in the areas of education law, employment law, ERISA, intellectual property, real estate, taxation, not-for-profit corporation law, finance, investments and charitable contributions to private educational institutions.

Our clients rely on our knowledge and experience in this area with respect to a host of legal matters distinct to the academic environment, including:

  • Admissions issues and diversity initiatives
  • Enrollment contracts and tuition issues
  • Student discipline
  • Handbooks and manuals
  • Student safety and supervision
  • Student medical issues, including allergies
  • Accommodating student disabilities
  • Crisis management
  • Bullying and peer harassment
  • Social media policies and disputes
  • Divorce/custody issues
  • Child abuse and neglect
  • Mandated reporting
  • Student privacy
  • Records retention
  • Permission slips and release forms
  • Educational malpractice
  • Liability for off-campus misconduct
  • Compliance with state and local education laws and regulations
  • Concussion management
  • Student vaccine issues
  • Title IX policies and compliance
  • Web-user agreements
  • Work-for-hire agreements
  • Internet usage
  • COPPA compliance
  • Plagiarism
  • Student art, plays and other creative endeavors
  • Tenure denial
  • Tuition non-payment
  • Contract disputes
  • Student discipline and expulsion
  • Abuse claims
  • Bankruptcy issues
  • Employment disputes
  • Workplace harassment issues
  • Head-of-School employment contracts
  • Employment discrimination and compliance with Title VII, ADEA, ADA and other laws
  • Separation agreements and severance negotiations
  • Employee hiring and firing
  • Reductions in force and termination of staff
  • Leaves of absence policies and FMLA compliance
  • Labor-management relations, including collective bargaining negotiations
  • Employee handbooks and policies
  • Employment contracts and offer letters
  • Wage-and-hour law compliance, including independent contractor, volunteer and overtime issues
  • Employee background checks
  • Fiduciary compliance and board governance
  • Compliance with intermediate sanction requirements
  • Compliance with IRS Form 990 reports
  • Compliance with IRS Form 5500 reports
  • Negotiation with IRS and DOL on 403(b) plan compliance matters
  • Deferred compensation plans/457(b) and (f)
  • Executive compensation
  • ERISA compliance
  • Retirement plans
  • HIPAA compliance
  • COBRA compliance
  • Cafeteria plans
  • Welfare plan compliance/Affordable Care Act
  • Church plan issues
  • Foundation support
  • Grants
  • Gifts/Pledges
  • Scholarships
  • Fundraising and development
  • Acquisitions and dispositions
  • Construction and architect agreements
  • Leasing
  • Zoning issues
  • Air rights
  • Development bonds
  • 501(c)(3) organization issues
  • Tuition assistance plans
  • Intermediate sanctions
  • Housing allowances
  • Charitable contributions
  • NYPMIFA compliance
  • Endowments
  • Operating expenses
  • Alternative investments
  • Investment policy statements
  • Bylaws
  • Conflict of interest policies
  • Whistleblower policies
  • Trustee disputes and misconduct
  • Chartering of new schools and amendments
  • New York State Regents, New York State Education Department, New York City Department of Health and New York State Attorney General issues

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