Unique Expertise
We have a rich history representing schools, colleges and universities, social service agencies, quasi-public institutions, and other entities offering educational services in Massachusetts. Our substantial experience in this area enables us to offer our educational clients expert advice in the full range of compliance, governance, transactional, labor and other relevant legal issues.
Wide-Ranging Client Base
Our educational clients include:
- Primary and secondary charter schools
- Non-profit private schools
- Colleges and universities
- MGL Chapter 766 and other schools for children with disabilities
- HeadStart programs
- Day care centers
- School committees
- Educational foundations
- School building authorities
- Regional school associations
Organization and Governance
We advise our educational clients regarding:
- Appropriate legal structures
- Corporate Articles and Bylaws
- Creation of foundations and related non-profit affiliated entities
- Executive compensation
- Compliance with corporate fiduciary requirements
- Conflict of interest and other policies for board members, officers and senior staff
Regulatory and Compliance Matters
We advise our clients regarding compliance with the following statutes and regulations:
- Massachusetts Charter School Statute, M.G.L. c. 89, § 71
- Massachusetts Charitable Corporation Statute, M.G.L. c. 180
- Child Protection Protocols, M.G.L. c. 119, § 51A
- Americans with Disabilities Act (ADA)
- Massachusetts Special Education Law, M.G.L. c. 766
- Massachusetts Attorney General’s Office, Division of Public Charities, M.G.L. c. 12, § 8 et seq
- HIPAA
- Massachusetts Open Meetings Law, M.G.L. c. 30A, § 11A
- Massachusetts Campaign Finance Law, M.G.L. c. 55
- Massachusetts Conflict of Interest Law, M.G.L. c. 268A
Tax Issues
Our expertise in the particular tax issues faced by our education clients includes:
- Applications for tax-exempt status and correspondence with IRS
- Related party transactions
- Unrelated business taxable income
- Real estate, sales and use tax compliance and exemptions
- IRS issues re supporting organizations
- Tax-exempt financing and IRS audits of financing transactions
Real Estate and Construction
We have a dynamic real estate practice that complements our education practice. Among the services we offer are:
- Acquisitions and ground leases
- Zoning and permitting including Dover Amendment
- Development agreements, management agreements, license agreements, and other real estate agreements
- Contract procurement including Massachusetts Public Construction Statute, M.G.L. c. 149, § 44A and the Uniform Procurement Act, M.G.L. c. 30B
- Space leases
- Design and construction contracts and litigation regarding disputes
- Title including easements and restrictions
- Massachusetts Designer Selection Statute, M.G.L. c. 7 § 38
Financing
Our finance practice includes all types of financing used by educational institutions — including QZAB and other bond finance transactions and New Markets Tax Credits transactions. Relevant areas include:
- Tax-exempt bond financing through MassDevelopment, MassHousing, HEFA and others
- QZAB financing
- Massachusetts and federal historic tax credits
- New Markets Tax Credits
Charitable Giving
Our non-profit specialization includes expertise in the following areas of concern to educational facilities:
- Gift policies
- Restricted gifts
- Compliance with Massachusetts and Federal guidelines
Labor and Employment
We are a recognized leader in the field of labor and employment law with an outstanding track record in harassment, discrimination, wage and hour, wrongful discharge, non-compete and preservation of intellectual property cases. For our education clients, we provide services in the following:
- Employment agreements
- Severance agreements
- Investigation of harassment and discrimination charges
- Defense of breach of contract claims
- CORI and SORI information
- Compensation issues, excess benefits and intermediate sanctions
- Employee handbooks
- Training sessions for managers
Student Affairs
We advise our education clients regarding:
- Accommodations for students with disabilities
- Student expulsions and terminations
- Privacy issues including disclosure of student educational and health records
- Student safety issues including the potential of actual violence and Tarasoff warnings
Civil Litigation
The firm’s preeminent litigation department assists our education clients in litigating and pursuing other dispute resolution mechanisms relating to permitting and other land use issues, construction issues, lease issues, employment issues. Our expert litigators also assist our education clients with crisis management.
