Generally, independent schools intentionally refrain from participating in the majority of federal funding programs, preserving their ability to ensure the educational program is provided in a manner that is reflective of...more
4/4/2025
/ Americans with Disabilities Act (ADA) ,
CARES Act ,
Department of Education ,
Discrimination ,
Federal Funding ,
IDEA ,
Private Schools ,
Rehabilitation Act ,
School Districts ,
School Lunch Programs ,
Special Education ,
Title I ,
Title II ,
Title IV ,
Title IX ,
Veterans' Benefits
New York independent schools should be aware of several significant developments in state law impacting their employees. Schools should review and update their employee handbooks as necessary to address these changes to the...more
In the hours following his inauguration, President Trump issued executive orders concerning immigration, including the launch of new enforcement policies to address illegal entry, unlawful presence, and removal of...more
2/24/2025
/ Best Practices ,
Department of Homeland Security (DHS) ,
Educational Institutions ,
Enforcement Actions ,
Executive Orders ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Private Schools ,
Students ,
Trump Administration
During the first days of President Trump's second term of office, he issued executive orders rescinding many Biden-era executive orders and addressing a wide range of initiatives and issues that were a focus of his election...more
The election of President-elect Donald Trump to serve a second term could carry significant implications for independent schools. As we move toward Inauguration Day, it would be wise for independent schools to stay attuned to...more
Just last week, a court order blocked the implementation of a Department of Labor rule that would increase the salary thresholds for exempt employees. Many independent schools may be wondering what this means for them,...more
11/20/2024
/ Department of Labor (DOL) ,
Exempt-Employees ,
Faculty ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Private Schools ,
Standard Duties Test ,
Teachers ,
Threshold Requirements ,
Vacated
Now that independent schools are well into the 2024-2025 school year, independent schools are turning their attention toward enrollment and re-enrollment season for the 2025-2026 school year. ...more
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
8/2/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Faculty ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Private Schools ,
Teachers ,
Threshold Requirements
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
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
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
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
As independent schools work to promote equity, understanding, and inclusion of students across the gender spectrum on their campuses, it seems that legislative efforts on the state and federal levels are moving in the...more
The highest priority for any independent school is ensuring the safety and security of the students committed to its care. Central to meeting this responsibility is establishing and enforcing appropriate boundaries between...more
On June 29, 2023, in a set of consolidated cases (Students for Fair Admissions v. Presidents & Fellows of Harvard and Students for Fair Admissions v. University of North Carolina et al.), the Supreme Court overturned...more
7/7/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Private Schools ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI
Many independent schools have developed or are in the process of developing policies and procedures regarding students who are transgender or gender non-conforming. Often, the laws that govern these issues are not applicable...more
Reviewing your school's student and employee handbooks on a regular basis is an invaluable practice for ensuring that these documents accurately reflect the school's expectations, values, and procedures, as well as ensuring...more
On April 11, Governor Wes Moore signed into law the Child Victims Act of 2023, which permits survivors of child sexual abuse to file a civil lawsuit at any time, repealing both the current statute of limitations and the...more
Yesterday, Governor Wes Moore signed into law the Child Victims Act of 2023, which permits survivors of child sexual abuse to file a civil lawsuit at any time, repealing both the current statute of limitations and the statute...more
Student safety and security is of paramount importance in independent schools. While the goal of a hiring process is primarily to find the best candidate for the position, it is imperative that schools craft policies and...more
Independent school business officers are tasked with a wide range of responsibilities, including payroll, accounting, accounts payable, investments, and facility security. Unfortunately, many independent schools are...more
Independent schools often contract with vendors to support the school's operations and delivery of its curriculum and programming, including transportation providers, food service, cleaning and facilities maintenance,...more
In early August, the New York State Department of Health announced the New York Healthcare Worker Bonus (“HWB”) program. The HWB program aims to award New York's frontline healthcare workers with $1.2 billion in...more
Historically, independent schools have not been required to comply with certain federal non-discrimination laws, including Title IX of the Education Amendments Act of 1972 (Title IX), because they did not accept federal...more
Certain questions frequently arise in independent schools. With the following guidance in mind, independent schools may consider visiting (or revisiting) their policies and practices for the upcoming school year. ...more