News & Analysis as of

Private Schools

Ward and Smith, P.A.

General Assembly Convenes to Provide Additional Funding for Private School Vouchers, Medicaid and Public School Enrollment Growth

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This week, the General Assembly briefly reconvened for one of the Special Sessions authorized by the July adjournment resolution. Although legislative activity and bill movement were both limited during this narrow window,...more

Allen Matkins

What Exactly Does The Deputy Commissioner For New Covered Persons Oversee?

Allen Matkins on

Since I served as Commissioner of Corporations in the 1990s, the Department of Corporations has consolidated with the Department of Financial Institutions and changed its name twice.  It is now known by the unwieldy name of...more

Venable LLP

An Independent School’s Guide to the New DOL Overtime Rule

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In a 2024 Final Rule, the Department of Labor (DOL) announced that it would be increasing in two phases the salary threshold for employees to be exempt from overtime....more

Spilman Thomas & Battle, PLLC

Decoded - Technology Law Insights, V 5, Issue 6, July 2024

Welcome to our seventh 2024 issue of Decoded - our technology law insights e-newsletter. We have a few events we want to pass along to those interested in technology, but also other areas of law and business....more

Venable LLP

Political Activity Policies: Keeping Calm on Campus During the 2024 Presidential Elections

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As the 2024 presidential election cycle is in full swing, schools should prepare for debate, discussion, and expression of a wide range of political views and beliefs. While political discourse can be a valuable tool in the...more

Bond Schoeneck & King PLLC

Private and Charter School Students Not Entitled to Transportation on Days School Districts Not in Session

On June 20, 2024, New York’s highest court confirmed that school districts (outside of New York City) are not required to provide transportation on days their schools are not in session....more

Fisher Phillips

Summer Reading for Educational Leaders: Resources to Help You Plan for the 2024-2025 School Year

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As you recover from another whirlwind of a school year, we hope you can take some time to relax and enjoy your summer break. The next few months will be the perfect time to – at your leisure – catch up on this past year’s...more

Obermayer Rebmann Maxwell & Hippel LLP

Will I be forced to pay for my child’s private school tuition?

Depending on the circumstances, you and your co-parent may have already contemplated whether your child will attend private school in the future and incorporated this decision in a Marital Settlement Agreement or Court Order....more

Fisher Phillips

California Private School Hit With $1 Million Verdict for Expelling Students Without “Due Process” – The 3 Steps Your School...

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A California jury just punished a private school that expelled two students for off-campus activity with a $1 million dollar verdict – an outcome that should compel schools around the country to ensure they are applying due...more

Fisher Phillips

5 Things Independent School Boards Can Do To Hone Their Governance Practices

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As independent school Boards consider how to best support the mission of their schools, one place they can start is to ensure that their governance documents and procedures conform to both legal requirements and best...more

Venable LLP

Key Copyright Issues for Independent Schools

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Through our work with independent schools, we have seen numerous schools grapple with a variety of copyright issues including disputes over ownership of work created by teachers, unauthorized use of music or videos, and the...more

Furia Rubel Communications, Inc.

Serving the Diverse Needs of Children through Education Law with Patricia Hennessy, Partner at Barton Gilman

In this episode of On Record PR, Gina Rubel goes on record with Patricia Hennessy, Partner at Barton Gilman, to discuss the wide range of legal tools education lawyers employ to serve the needs of children. Pat is co-chair of...more

Clark Hill PLC

Fourth Circuit Clarifies Contours of Laws Applicable to Tax-Exempt Entities

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The “hook” of many federal anti-discrimination measures, including Title VI, Title IX, Section 504 of the Rehabilitation Act, and Section 303 of the Age Discrimination Act, is “receiving Federal financial assistance.”...more

Epstein Becker & Green

Fourth Circuit Holds Federal Tax-Exempt Status Does Not Subject Private Independent School to Title IX Responsibility

In an earlier article, we discussed how a federal district court’s decision that mere 501(c)(3) status can trigger obligations under Title IX created shock waves throughout the private independent school community. A recent...more

Venable LLP

Title IX and Tax-Exempt Status: Fourth Circuit Holds That 501(c)(3) Status Is Not Federal Financial Assistance

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In 2022, and as previously discussed here, two separate federal district courts each held that an independent school's status as a 501(c)(3) tax-exempt organization is considered a school's receipt of federal financial...more

Venable LLP

Good Governance and the Role of an Independent School Trustee

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Ensuring that an independent school’s board of trustees operates in a manner that is consistent with the fundamental principles of good governance is essential to the overall health of the school. After all, the board is the...more

Fisher Phillips

A Sigh of Relief for Private Schools: 4th Circuit Rules Tax-Exempt Status Does Not Trigger Title IX Coverage

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A federal appeals court ruled Wednesday that Title IX does not apply to a private school based purely on its nonprofit status, reversing a lower court’s bombshell decision that put the entire private and independent school...more

Sands Anderson PC

Protecting Protests on Private Campuses

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After criticism of her testimony before Congress on antisemitism on college campuses, the President of the University of Pennsylvania, Liz Magill, resigned. And, at Pomona College, authorities arrested a professor who...more

Venable LLP

Emerging Employee and Student Handbook Updates for the 2024-2025 School Year

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Each year, new issues, technologies, and events impact the way that independent schools set and carry out their expectations, values, and procedures in their communities. As independent schools embark on the 2024-2025 school...more

BCLP

NLRB Regional Director Determines Dartmouth Basketball Players Are Employees

BCLP on

In a much-anticipated decision issued on Monday, February 5, 2024, Region 01 of the National Labor Relations Board (the “NLRB”) decided that the players on the Dartmouth College men’s basketball team qualify as employees...more

Fisher Phillips

Arizona Has Entered the Chat: Federal Court Rules That Non-Profit Schools Are Not Subject to Title IX

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After two federal courts in Maryland and California ruled that private schools were subject to Title IX just by virtue of being non-profit, an Arizona court has weighed in with the opposite view and given hope to schools...more

Venable LLP

Deadline Reminder: EEO-1 Reporting for Independent Schools

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Independent schools with more than 100 employees are reminded that they have a legal obligation to file an EEO-1 report with the Equal Employment Opportunity Commission (EEOC)—and the December 5 deadline is here. If an...more

Bond Schoeneck & King PLLC

Child Abuse Redefined to Include Corporal Punishment Under Article 23-B

On Oct. 25, 2023, Gov. Kathy Hochul signed into law Senate Bill S05261/Assembly Bill A05010, amending the definition of child abuse under Article 23-B, § 1125(1). The definition of child abuse now includes corporal punishment...more

Miller Canfield

Sixth Circuit Rejects Challenge to Michigan Constitutional Amendment Prohibiting Public Funds for Private Schools

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On November 6, 2023, the U.S. Court of Appeals for the Sixth Circuit rejected a challenge to a 1970 amendment to the Michigan Constitution that prohibits payment of “public monies” to private schools. Believing that the...more

Venable LLP

Rules of the Road: Risk Management Processes for School-Sponsored Trips and Travel

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With COVID-era travel restrictions in the rearview mirror, school-sponsored student travel is quickly accelerating back to pre-pandemic levels. As an integral part of the curriculum and an engine to provide a vibrant and...more

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