Industries
Education

Education

We don’t just practice school law, we live it. We know the challenges educational institutions face in a complex, competitive and uncertain market, and we work closely with every level of our school clients’ administrations -- from presidents to heads of school to superintendents to board members and trustees -- to anticipate and frame questions regarding complicated issues and legislative or regulatory changes, before they are asked. We understand that every interaction with students, faculty and staff, families, and the public is of the utmost importance to our clients, and this understanding serves as the framework for the delivery of Shipman’s legal counsel.

Our practice is devoted to helping schools stay out of trouble, and our approach is tailored to each school’s unique mission. We apply our extensive experience representing over 100 local and regional public and charter schools and more than 50 of Connecticut’s independent schools, as well as many private and public colleges and universities, throughout the Northeast and nationally, to help educational institutions solve any problem they face.

Our lawyers regularly research, write, teach, and speak on critical issues that benefit our clients. We teach courses at the University of Connecticut School of Law and Neag School of Education, and the Quinnipiac University School of Law and School of Education. Co-chair of our School Law practice, Thomas B. Mooney’s book A Practical Guide to Connecticut School Law, is the preeminent treatise on school law in Connecticut.

What we do:

We provide school clients with prompt, cost-effective, high-quality legal counsel that aligns with the school’s objectives. No matter the issue -- from Title IX and campus sexual misconduct to collective bargaining or student data privacy -- we have schools covered. Our suite of services includes:

Labor and Employment: We advise schools on the full range of labor and employment matters, including collective bargaining, union organizing, employment counseling and disputes, teacher tenure, termination and discharge, wage and hour, immigration, employee benefits, discrimination and harassment, and investigations.

Student Matters: We regularly advise schools on student matters, including admissions and enrollment, special education, student conduct and safety, bullying, handbooks, international travel/field trips, student misconduct, Family and Educational Rights and Privacy (FERPA) and Health Insurance Portability and Accountability Act (HIPAA), mandated reporting, discrimination and harassment, and investigations.

Governance: When it comes to general governance, we counsel schools on matters, including governance and board policy development, bylaws and conflict of interest policies, crisis management and response, and ombudsman programs.

Operations: In the area of school operations, we assist in matters, including financing and investments (including CHEFA), contract and procurement, state and federal taxation and endowments, construction, environmental compliance and risk management, real estate, cybersecurity and data breaches, housing matters, and intellectual property.
State and Federal Requirements: We counsel schools across the full range of state and federal requirements, including Title VI, Title IX, Section 504 of the Rehabilitation Act of 1973, Americans with Disabilities Act (ADA), Individuals with Disabilities Act (IDEA), Clery Act, and Uniform Prudent Management of Institutional Funds Act (UPMIFA)
Litigation: We are skilled litigators when it comes to defending schools against civil rights claims, class actions, special education, tuition enrollment, discrimination and harassment and other claims.

What we do:

Labor and Employment: We advise schools on the full range of labor and employment matters, including collective bargaining, union organizing, employment counseling and disputes, teacher tenure, termination and discharge, wage and hour, immigration, employee benefits, discrimination and harassment, and investigations.

Student Matters: We regularly advise schools on student matters, including admissions and enrollment, special education, student conduct and safety, bullying, handbooks, international travel/field trips, student misconduct, Family and Educational Rights and Privacy (FERPA) and Health Insurance Portability and Accountability Act (HIPAA), mandated reporting, discrimination and harassment, and investigations.

Governance: When it comes to general governance, we counsel schools on matters, including governance and board policy development, bylaws and conflict of interest policies, crisis management and response, and ombudsman programs.

Operations: In the area of school operations, we assist in matters, including financing and investments (including CHEFA), contract and procurement, state and federal taxation and endowments, construction, environmental compliance and risk management, real estate, cybersecurity and data breaches, housing matters, and intellectual property.
State and Federal Requirements: We counsel schools across the full range of state and federal requirements, including Title VI, Title IX, Section 504 of the Rehabilitation Act of 1973, Americans with Disabilities Act (ADA), Individuals with Disabilities Act (IDEA), Clery Act, and Uniform Prudent Management of Institutional Funds Act (UPMIFA)
Litigation: We are skilled litigators when it comes to defending schools against civil rights claims, class actions, special education, tuition enrollment, discrimination and harassment and other claims.

Public and Charter Schools

The School Law lawyers at Shipman offer our clients effective and efficient solutions to any and all problems they confront in operating our schools. We combine over forty years of experience in matters of school law with the resources of a large firm and expertise in all areas of the law, including business contracts, environmental law, intellectual property, litigation and employment law. Our clients include over 100 public school districts, charter schools, magnet schools, and other educational entities, as well as related organizations and associations. In addition, our lawyers teach, and regularly write and speak on school law matters. Our broad experience and our academic and other professional activities permit us to assist our school law clients in the full range of education law matters promptly and cost-effectively, offering elegant solutions.

Independent Schools

Shipman’s Independent School lawyers understand firsthand the complex issues and distinctive nature of the independent school environment. As experienced advisors in the education and school law field, we are counsel to over 150 educational institutions, including a diverse group of independent day and boarding schools, including Montessori, K-12, junior boarding, and religiously affiliated schools. We enjoy strong relationships with independent school associations such as NAIS and CAIS and are committed to staying at the forefront of the evolving legal needs of our school clients. Our lawyers frequently present and conduct workshops at the regional and national level, and our services are designed to provide a consolidated approach to meeting each school’s legal needs. Whether our clients are navigating a student discipline matter or employment claim, engaging in new campus construction, or managing the global disruptions caused by COVID-19, we have them covered.

Higher Education

We appreciate that modern higher education institutions face unique challenges in an increasingly complex and competitive education market, and we apply our extensive experience representing colleges and universities throughout the northeast and nationally, to help them solve any problem they face.

We represent higher education clients of all sizes, denominations, and philosophies, including public and private colleges and universities, professional schools, medical schools, research universities, and performing and visual arts schools. Our cross-disciplinary team of lawyers across firm practices works together to advise our clients on the full range of legal matters they face in the operation of a successful educational institution.

Financing

Secure CHEFA Financing to Support Campus Initiatives

Assist numerous independent schools and institutions of higher education in issuing tax-exempt and taxable bonds through the Connecticut Health and Educational Facilities Authority (CHEFA) to achieve money-saving refinancings of outstanding debt, and to support campus construction of state-of-the art new facilities, and money-saving renovations of existing facilities.

PPP/CARES Act Assistance

Assist independent schools and institutions of higher education and other businesses with SBA Paycheck Protection Program (PPP) loans under the CARES Act, including with respect to eligibility (including the necessity certification), documentation and forgiveness.

Higher education

Defended University against Claims of Age Discrimination

Achieved summary judgment in favor of a private Connecticut university on an age discrimination claim challenging the university’s decision to remove a professor from her previously held position as director of an undergraduate program. After the professor filed an appeal, we successfully argued before the Second Circuit resulting in an opinion affirming the district court’s decision in its entirety.

Lyme Academy College of Fine Arts Now an Affiliate of the University of New Haven

University of New Haven

We represented the University of New Haven in connection with the affiliation of Lyme Academy College of Fine Arts in Old Lyme, Connecticut with UNH. This exciting opportunity for UNH allows UNH to enhance its experiential learning opportunities in the fine arts and adds to its growing footprint of campuses throughout Connecticut and beyond. In connection with the rare affiliation of two institutions of higher learning, a team of attorneys and paralegals at the firm addressed the many legal issues presented - ownership, corporate governance, 501(c)(3) and other tax matters, endowment and charitable giving matters, accreditation and regulatory consents, human resources, employee benefits, faculty, staff and student matters, real estate, environmental matters, housing (including condominium issues), degree requirements, financial aid, accounting, and lender consents.

Resolution for College in Groundbreaking Federal Court Case Alleging Implicit Bias

Successfully represented a private college in a federal court where a professor claimed she was denied tenure and did not receive the training and mentoring provided to other professors due to implicit bias against her. The case was one of the first cases in the country based on a theory of implicit bias. Depositions of experts proposed by plaintiff on this novel theory helped lead to resolution of the case in a favorable manner for the college.

Successful Representation of College against CHRO Complaints

Represented a college in several CHRO complaints and a federal court lawsuit asserting discrimination and retaliation claims.

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Independent schools

$43M CHEFA Financing for Independent School

Represented an independent school on its $43 Million CHEFA Series E Bond issue, which refinanced the School’s existing debt to achieve significant debt service savings. The transaction involved lawyers from our finance and environmental groups, who worked with the School’s staff and Board representatives to draft, negotiate and complete the required documentation for a successful financing.

Health Care and Privacy Counsel

Independent School

Provide general health care and privacy counsel, including day-to-day guidance, for a number of independent school clients.

Representation in Department of Public Health Investigation

Independent School

Represented independent school on-campus health center in an investigation conducted by the Department of Public Health.

Risk and Crisis Management Counsel for Independent School

Independent Schools

Conducted investigation related to claims of discrimination and advised regarding school related employment and board issues in effort to develop effective strategies to mitigate risk and manage potential liability.

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Investment management

Negotiate Investment Management Agreements for Endowments

Assist independent schools and institutions of higher education with the review and negotiation of investment management agreements for endowments, including with respect to Outsourced Chief Investment Offices (OCIO). Advise schools with respect to master-feeder fund and fund-of-fund structures and investment documents for alternative investments in private investment funds, hedge funds and venture capital funds.

Public and charter schools

Defense of Board of Education against Discrimination and Tort Claims

Represented a board of education against discrimination and tort claims brought by an employee of the company that provided bus services to the board. Obtained summary judgment on the board’s behalf, with the court finding that the board acted within its contractual rights when it asked that the driver be removed from her assigned routes, and that there was no evidentiary basis for the alleged tort claims. The employee appealed to the Appellate Court, where we successfully defended the trial court’s ruling and obtained a full affirmance of the dismissal.

Defense of Board of Education in Termination Hearing

Successfully represented a board of education in termination proceedings under Conn. Gen. Stat. 10-151. After four days of virtual hearings, the hearing officer found that the Superintendent had proven insubordination and other due and sufficient cause for terminating the teacher, and therefore recommended that the board of education terminate her contract. The case involved a teacher who refused to accept a reassignment, claiming that the new assignment was not consistent with restrictions that her doctor placed on her due to a disability. The hearing officer found that the teacher’s termination did not violate the ADA or the CFEPA, and noted that the school district had engaged in an interactive process with the teacher by offering her accommodations in the new classroom.

Federal Court Lawsuit Claiming Defamation Withdrawn on Behalf of Board of Education

Represented a board of education claim in a tort action brought by a former administrator, who claimed he was defamed by statements made in a newspaper article following his departure. Successfully demonstrated that the alleged statements were all made before the administrator entered into a separation agreement with the board, and therefore the administration had waived all claims. Based on this argument, the court granted summary judgment in favor of the board. The court also entered summary judgment on the board’s counterclaim that the administrator breached the terms of his separation agreement, and thereafter awarded the board the full value of its attorney’s fees in the litigation.

Federal Court Lawsuit Withdrawn without Settlement on Behalf of Board of Education

Represented a board of education in a federal court lawsuit alleging that the school system was deliberately indifferent to sexual harassment and assault of a student. The lawsuit sought relief under Title IX against the board of education and individual employees. The student withdraw the lawsuit without settlement after written discovery and before deposition began.

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Quasi-public agencies

Lead Advisor to State Education Resource Center (SERC) on Several Employment Matters

• Resolved a pre-litigation matter in connection claim of discrimination brought by an individual who was never hired by SERC
• Assists with conducting a reduction of force
• Advises on contract revisions for employment contracts and policy revisions

Advised State Education Resource Center (SERC) on Several Matters

Resolved a pre-litigation matter in connection with claim of discrimination brought by an individual who was never hired by SERC
Facilitated a pre-litigation resolution of claim by current employee for alleged violation of First Amendment rights
An EEOC matter involving a former employee’s claim of age discrimination for failure to re-hire

General

Advises on Title IX and Transgender and Gender-Diverse Students’ Civil Rights

Advises several school districts on Title IX and the related grievance procedures, as well as related guidance on transgender and gender-diverse students’ civil rights.

Case Dismissal in connection with Disability Discrimination and Retaliation Claim by a Former Board of Education Employee

Represented a municipal Board of Education in its defense of claims of disability discrimination and retaliation by an employee in a public hearing before the Connecticut Commission on Human Rights and Opportunities. The employee claimed that the Board failed to engage in the interactive process when it failed to find a suitable accommodation for the employee, ultimately resulting in the employee’s dismissal. The case was dismissed by the Commission, finding, in part, that the Board had adequately satisfied its obligation to engage in the interactive process.

Internal and Independent Investigations on a Variety of Employee and Student Complaints

Conducts internal and independent investigations for school districts, independent schools and postsecondary institutions on a variety of employee and student complaints.

Internal Personnel and Student Investigations

Advises several school districts on internal personnel and student investigations and related complaints.

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Insights

Publications

November 18, 2024

District Court Vacates New Overtime Rule, Making It Null and Void Nationwide

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November 1, 2024

See You In Court - November 2024

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News

November 7, 2024

Shipman Ranked Among "Best Law Firms®" for 2025

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August 19, 2024

Shipman Partner Natalia Sieira Millán Named to Hartford Business Journal’s 40 Under Forty List

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Events

November 07, 2024 — November 08, 2024

What’s New? Employment Trends and Updates for Independent Schools

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March 14-15, 2024

Connecticut Association Of Schools' (CAS) Annual Leadership Conference 2024

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Primary Contacts

Partner

Partner

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School Law Coffee Talk

This on-demand video series offers Shipman clients the latest lawyer insights to answer frequently asked questions on legal developments affecting the school community.

Education

Public and Charter Schools

Independent Schools

Higher Education

Primary Contacts

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School Law Coffee Talk