Education Law

Spilman's Education Law Practice Group has in-depth knowledge and experience navigating the myriad issues and special dynamics that affect secondary schools, colleges, universities, and other education providers. Many of our higher education attorneys have served as general counsel to, in leadership positions at, and on the boards of institutions of secondary and higher learning. They now leverage this day-to-day experience in their representation of our education clients at Spilman.

Our Higher Education Legal Services

We regularly represent our education clients in the following areas:

  • Labor and Employment—human resources, benefits, employment policies and handbooks, executive and faculty contracts, appointment letters, retention issues, tenure, performance management, termination, investigations, training, charges and complaints, employment lawsuits
  • Multi-Media—rights, license agreements, procurement rules and regulations
  • Athletics—NCAA/NAIA compliance, audit, and regulatory review
  • Title IX (sexual harassment/assault, dating violence, domestic violence, stalking)—complaints, investigations, policies and procedures, training, hearings
  • Government Relations—legislative advocacy, responses to governmental inquiries, consultation on planned or pending governmental action
  • Campus Property, Grounds, and Operations—construction law, public-private construction partnerships, bond issuance, real estate acquisition/divestment, land use
  • Intellectual Property—brand ownership and licensing, sponsorships, research patents
  • Immigration—faculty, staff,and student visas and compliance
  • Education Records—FERPA and FOIA requests, subpoenas, policies and procedures, training
  • ADA/Section 504—accommodations, policies and procedures, charges, audits and investigations
  • Clery Act /Violence Against Women Act—annual reporting, crime designations, statistics review, policies and procedures
  • First Amendment—policies and procedures, complaints, protest/petition review, media management
  • Student Conduct—policies, procedures and handbooks, complaints, investigations, reports, hearings, sanctions, training
  • New Program Development—course, program, and curriculum review and development
  • Financial Services—bond financing, financial aid, collections, planned giving assistance
  • Regulatory Consultation and Advice—open meetings laws, governance issues, compliance
  • Information Security—data security and breach planning, electronic discovery services, crisis management
  • Major Incident Response (e.g., missing student, active shooter/armed intruder)—policies, protocols, and risk management practices
  • Insurance (general liability, abuse and molestation, data breach and cyber risk, directors and officers, workers' compensation, professional errors and omissions, property, travel, commercial automobile/fleet, crime exposure, business income loss)—policy review and guidance
  • Contracts—document review, negotiation, breach allegations and disputes
  • Governance—internal and external policies, bylaws, charters, board consultation
  • Agency Reviews—Department of Education, Office of Civil Rights, Equal Employment Opportunity Commission, National Labor Relations Board, and other agency charges, reviews, and audits
  • Tax-Exempt Status—non-profit and governmental tax review, planning, strategy, compliance, and tax audit advocacy response services

Our education law team is poised to help you in virtually any substantive area. Our work regularly touches on all of the matters listed above and more. For more information regarding our education law practice, please contact:

304.340.3877
336.727.7652