Private Schools

News & Analysis as of

The NLRB Recognizes Student-Employees: The Effect of Columbia University on Private Universities

In August 2016, the National Labor Relations Board (“NLRB” or “Board”) held in a 3-1 decision that undergraduate and graduate student assistants at private colleges and universities are employees under Section 2(3) of the...more

Avoid Uber-Liability By Restricting Ridesharing Services On Campus

It’s 4:30 p.m., school soccer practice has just ended, and 11-year old Cynthia calls her mom to pick her up at school. Her mom tells Cynthia that she is busy at work but has requested an Uber to pick her up. Just as she gets...more

NLRB Allows Student Assistants to Unionize, Signals Commitment to Expanding Its Reach

Last month, the National Labor Relations Board (the “NLRB” or “the Board”) reversed standing precedent and held that student assistants at private universities, including both graduate and undergraduate teaching and research...more

Employers' Legislative Update: Governor Brown Signs New Bills

Tis the season for new laws in California and not all of it brings good tidings and cheer for employers. Recently, Governor Jerry Brown signed several state Assembly and Senate Bills affecting those who employ domestic...more

Sexual Abuse at St. George's School and the School's Reponse: 1970 to 2015

In January 2016, I was asked to conduct an investigation concerning sexual abuse at St. George’s School, and the school’s response to reports of abuse, from 1960 to the present. At the time, St. George’s faced a firestorm of...more

Half-Baked: Phillips Exeter, Sexual Assault, And A Recipe For Disaster

Considered one of the country’s most elite prep schools, Phillips Exeter Academy has recently joined the queue of prestigious private schools who have been accused of having ignored, suppressed, or minimized claims of sexual...more

FCC Issues TCPA Compliance Ruling for School-Related Calls

Last Thursday, the Federal Communications Commission (the “FCC” or “Commission”) issued a Declaratory Ruling addressing certain Telephone Consumer Protection Act (“TCPA”) compliance concerns raised by educational technology...more

"Recent Developments in the Use of Variable Interest Entities"

The variable interest entity (VIE) structure has been around since the listing of on the Nasdaq Stock Market in 2000. It enables companies to exercise control over operating entities and derive economic benefits from...more

Can a Judge Force You to Pay Your Child's Private School Tuition?

In North Carolina, a court considering a parent's child support obligation initially consults the North Carolina Child Support Guidelines (the "Guidelines"). The Guidelines contain an objective formula that sets child...more

Legal Update: Anti-Hazing Act

On May 24, 2016, Governor Wolf signed legislation expanding existing anti-hazing laws applicable to post-secondary institutions to now include public and private school students in grades 7 through 12. House Bill 1574...more

Antitrust Matters - March 2016: Hubs, spokes, middlemen and signalling

Despite European competition law's dynamic and ever-evolving nature, for a very long period of time undertakings could rely on two quasi-certainties: first, that vertical information gathering – gathering or exchanging...more

Construction Corner: Construction Contract Basics

In a previous Construction Corner Post we discussed the primary elements of a design contract for a school construction project. In this post we will describe the basic elements of a construction contract for a school...more

Construction Corner: Design Contract Basics

In prior Construction Corner posts, we discussed statutory requirements and guidelines for the procurement of architectural services. Here we will address the basic elements of design contracts between public and private...more

Child Protection Policies: Training for Children?

One question that always comes up when I advise organizations about youth protection policies is what sort of training to provide to children. Whether to include that training is simply a matter of your professional judgment...more

Child Protection Policies: Bullying

One important area of youth protection policies is a policy to prevent bullying. An effective policy must first correctly define the problem, and then focus on ways to empower the children involved....more

[Event] Second Annual - Managing Risk and Legal Issues in the Education Sector - Oct. 1st, Richmond, VA

Marsh, Mercer, Ernst & Young, and Williams Mullen will hold a one-day, multi-session seminar for Virginia's private K-12, colleges, and universities. The event will address a wide range of issues currently facing the...more

No TRO: Here’s Why

The U.S. District Court for the Eastern District of Michigan, approximately two weeks after it denied Livingston Christian Schools’ (“LCS” or “School”) request for a temporary restraining order (“TRO”), has issued a written...more

Offers of Judgment in Class Actions: First Circuit Suggests Sending a Bank Check

There has been a lot of activity in the federal courts of appeals recently regarding the use of offers of judgment to named plaintiffs in class actions. The Fifth and Seventh Circuits recently held that an unaccepted Rule 68...more

The ABCs of COPPA Compliance

In today’s environment – when data breaches seem to be in the news nearly every day – the media, regulators and many others are hyper-focused on privacy issues. Schools and educational institutions are no exception when it...more

School Districts Seeing Stars Over New Concussion Legislation

Last week, Governor Rauner signed into law the Youth Sports Concussion Safety Act (Public Act 99-0245) which includes a number of new requirements relating to student concussions for school districts, charter schools, and...more

Religious Institutions: August 2015

The decision by the United States Supreme Court on same-sex marriage has been greeted with praise and disdain by different corners of the country. The faith-based community has been especially outspoken. This is not...more

Collective Redundancy Consultation

In E Ivor Hughes Educational Foundation v Morris UKEAT/0023/15, the Employment Appeal Tribunal (EAT) considered the implications of an employer’s failure to consult with its employees in breach of U.K. collective redundancy...more

If You Can't Fire A Teacher For Criticizing Management, Who Can You Fire?

Most school administrators would be shocked to learn that the National Labor Relations Board (NLRB) could, in some circumstances, find that their school engaged in an unfair labor practice for disciplining or terminating an...more

“Enough is Enough” Legislation Becomes Law: New York Education Law Article 129-B Establishes New Requirements for New York State...

On July 7, 2015, New York Governor Andrew Cuomo signed into law legislation that will, once again, change the way public and private colleges and universities in New York (“higher education institutions”) must respond to...more

Alert: Recent Developments on State Authorization at Department of Education and in California

The US Department of Education ("ED" or "the Department") has decided against an earlier plan to send letters to every institution believed to be out-of-compliance (or rather, located in a state that is considered...more

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