Independent School Law
Liebert Cassidy Whitmore ("LCW") has represented a variety of educational institutions and organizations in all aspects of education law, employment law and labor relations since 1980. Our firm takes a problem-solving, preventive law approach as legal counsel. We strive to assist our clients in avoiding liability through training, workshops and legal advice as matters arise. We are also, however, experienced in all aspects of hearings, arbitration and litigation up through jury trials if required. We are known throughout the state for the breadth and depth of our expertise in representing independent, private and religious schools, California public schools and school districts, county offices of education and community college districts.
Specifically, our attorneys have advised and represented independent and private schools on a wide range of issues that confront them including: a variety of personnel matters, including faculty and staff contract renewal, non-renewal and discipline; student issues, including parent/student contract issues, student discipline, admissions issues, attendance and withdrawal/expulsion matters; drafting/updating employee and student contracts and handbooks; disability issues; discrimination matters; special education; and appearances before all federal and state agencies with jurisdiction over independent and private schools including the California Department of Fair Employment and Housing, and the Equal Employment Opportunity Commission.
We are proud of the depth of experience, varied personalities, and diversity of skills our firm offers our clients. The attorneys with whom you will work are experts in and knowledgeable about non-profit corporations and independent schools. We regularly work with our independent school clients to ensure that they have prompt, quality answers to their questions. We are a proactive firm and we believe in assisting our clients to avoid problems and disputes before they arise. Likewise we strive to minimize the costs to our clients.
We have provided general counsel assistance in a variety of areas including: legal defense, employment related practices, disabled student programs and services, contract review and advice, discrimination/civil rights, labor relations, faculty and staff performance evaluation and discipline issues, and student discipline and students' rights issues.
Examples of some of the areas in which we work include:
- Governance Issues: We work with independent and private schools and their boards regarding the respective and overlapping responsibilities of boards and school heads, communication issues and responding to inquiries to review, draft and edit contracts, policies and manuals.
- Contracts: We routinely draft, review and edit the range of contracts that independent and private schools encounter, from student and faculty handbooks, to leases to employment agreements.
- Litigation: Our attorneys have experience in all aspects of litigation, administrative hearings and arbitrations. Most importantly, we also have attorneys who regularly prepare for and go to trial. Fortunately, our independent and private school clients rarely experience litigation. As such we track independent and private school cases nationally so that we are best able to advise our clients.
- Personnel Issues: Advising clients on personnel issues is one of our many areas of strength. We are fortunate to have a number of the state's experts on personnel issues in the school setting as attorneys with the firm. We are familiar with faculty and staff contract issues, the Family and Medical Leave Act, sexual harassment and discrimination issues, investigations into workplace wrongdoing, performance and performance evaluation issues, faculty and staff dismissals and virtually every other personnel issue that arises within independent and private schools.
- Student Discipline/Withdrawal/Expulsion Issues: We routinely advise independent and private schools on investigating and resolving student discipline matters. We work with school heads, division heads, deans and other administrators to draft correspondence to students, their families and their representatives. We advise schools on student conduct and discipline policies and on how to navigate through more difficult disciplinary cases such as cases where multiple students are involved to varying degrees.
- Student, Faculty and Staff Disability Issues: We advise independent and private schools on issues involving assessing their obligations towards students, employees and applicants who may have disabilities. We provide training and guidance in this challenging area of the law.
- EEOC/State Department of Fair Employment and Housing: We process hundreds of responses on behalf of our clients with these agencies and have successfully obtained findings of no discrimination at the agency level. We provide our clients with up to date advice on the ever dynamic changes in discrimination law, and as reflected above, successfully defend them in trial.
Training Services
LCW has Employment Relations Consortiums comprised solely of educational institutions. Workshops and reference books focused on the special issues facing educational institutions are also available. To learn more, visit the training section of our website.
Publications
Private School Matters
Private Schools Legislative Round-Up
An Administrator's Guide to California Private School Law
How A Safe Harbor Policy Helped A School Through A Camping Trip Emergency
New Developments in Waiting Time Penalties
School Personnel: First Line of Defense Or First Line Of Liability For Student-on-Student Harssment?
View all Attorney Authored Articles >>
Resources
Enrollment Agreement Checklist for the 2011-2012 School Year
Mandated Reporter Training