McGlinchey’s education team is recognized as a leader in providing strategic legal support to educational institutions across all levels—from preschool to graduate and professional programs. Our team includes former in-house counsel from educational institutions, corporations, and government agencies, including the U.S. Departments of Education and Justice. With a deep understanding of each client’s unique culture and operations, we provide guidance in navigating day-to-day operations, compliance requirements, and complex legal challenges. Our services include:

Board and Governance Support: Advising school boards on open meeting laws, public records requests (FOIA), legislative compliance, and policy development. We also serve as monitors during board meetings and provide guidance on best practices.

Employee and Labor Relations: Managing employee discipline processes for both unionized and non-unionized staff, including administrative hearings, fitness for duty exams, and developing policies. We offer strategic advice on unionization, collective bargaining agreements (CBA), and preventing Unfair Labor Practices (ULPs).  We serve as a full human resources business partner in providing guidance on policies and applicable laws that affect all employees and serve as trial counsel when issues proceed to court. From hiring to firing, discipline, counseling and performance improvement, layoffs and reductions in force, wage and salary payment, leave issues, employment contracts, pension plans, and deferred compensation to related strategy and development, our Labor and Employment team is readily available to give our clients timely sage advice and counsel and litigation leadership.

Special Education and Student Rights: Assisting with compliance under the Individuals with Disabilities Education Act (IDEA), responding to parent complaints, state complaints and investigations, Office of Civil Rights investigations, due process complaints, and IDEA and Section 504 litigation. We provide training for administrators and board members on these matters.

Americans with Disabilities Act (ADA): Assisting with compliance under the ADA, including advice surrounding requests for disability accommodations and service animal requests by students, faculty, and the community, and ADA litigation.

Regulatory Compliance: Ensuring adherence to federal and state regulations such as FERPA, Title IX, IDEA, Section 504, and the ADA. We support schools and universities in developing data-sharing agreements and navigating complex compliance landscapes.

McGlinchey is committed to defending students who face significant academic and disciplinary challenges. We understand the profound impact these issues can have on a student's future and work to protect their rights and career prospects.

• Academic misconduct defense
• Conduct code violations
• Title IX defense
• Academic appeals
• Professionalism concerns and licensing issues

Student Organizations face unique legal challenges, particularly when they are subject to investigations, litigation, or compliance issues. Our legal team provides strategic support, ensuring that these organizations and their members are protected while navigating both routine and crisis situations.

• Nonprofit compliance and corporate governance
• IRS and tax issues
• Hazing and conduct investigations
• Litigation defense
• Crises management
• Disciplinary hearings and appeals
• Real estate and housing disputes

McGlinchey attorneys represent companies in all segments of the private education lending industry, advising on how to develop, expand, and defend traditional and cutting-edge financing programs. Our extensive experience with federal and state law supports national lenders and loan program administrators as they prepare and implement documentation and compliance systems for private student loan programs. The private student loan programs that we support include those designed for students attending conventional institutions of higher education as well as proprietary schools.

We work hand-in-hand with our private student loan clients to develop their:

• Loan programs
• Marketing materials
• Credit applications
• Promissory notes and retail installment contracts
• Disclosures
• Other required documentation to comply with state and federal law

Contact the McGlinchey Education team for more on these pressing issues.

Unionization of charter schools: Teachers in at least five charter schools in New Orleans have demanded votes to unionize – with different outcomes – since the schools were created after Hurricane Katrina. Similar developments in other states could move more schools to unionized workforces – with new compliance burdens for school district administrators. Schools should engage in union awareness analyses – with a review of relevant labor and employment law – to determine what path is best suited for the school and all of its stakeholders.

Data privacy and student records: Cyber threats have pushed corporations to secure cybersecurity insurance – to mitigate their exposure in the event of a data breach. Schools face similar exposure and need to address it with the right insurance coverage.

Premises security and crisis preparation: Schools need to have in place not only policies regarding weapons, but plans to address reputation management, media, community, and parent communications before, during, and after any event, plus other issues in the event of a security breach.