Education | McGlinchey Stafford PLLC

A Business Approach to Education Law: Preparing Schools for Tomorrow

Our Education team has advised clients on some of the most pressing, novel, and complex matters facing educators today. Clients rely on our industry-leading knowledge of:

Alternative schools
Charter schools
Charter school management organizations
Civil rights and LGBTQ rights in education
Constitutional issues and court challenges
Early childhood education
Education funding and loan financing programs
Higher education
Private and parochial schools
Sex discrimination, harassment, and bullying
Virtual schools and online learning

We bring a rigorous business approach to the work we do for educational institutions, advising on a full range of:

Compliance and governance
Corporate transactions and M&A
Cybersecurity and cyberbullying
Data privacy
Employment and human resources
Financing
Insurance
Intellectual property
Litigation
Regulatory
Union issues and collective bargaining
White collar issues, including admissions irregularities

Contact your McGlinchey Education team for our latest insights about the following:

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.

Development of Compliance Systems for Private Student Loan Lenders.
For several private student loan lenders, McGlinchey Stafford has developed the documentation and compliance systems required to support established private student loan programs. We have provided such support when clients have developed new loan products as well as when regulatory changes have required the adoption of new disclosure forms and the upgrade of their legacyMore
Support of Financial Services Clients Adding Private Student Loan Programs.
McGlinchey Stafford has supported a wide variety of clients entering the private student loan space for the first time. In that role, we have created the complete set of consumer documents as well as the transactional documents governing the relationship between the lender, the servicer, and other parties to the loan program. The loan programsMore
Due Diligence Reviews of Private Student Loan Companies and Portfolios.
McGlinchey Stafford has conducted due diligence reviews of private student loan companies and portfolios that our clients have considered purchasing. Those reviews include the in-depth analysis of compliance procedures, loan documentation, servicing procedures, and state licensing requirements applicable to the company or portfolio being acquired.
Compliance Reviews for Private Student Loan Programs.
McGlinchey Stafford has conducted compliance reviews of private student loan programs in anticipation of a client’s public or private securities offering or other capital markets transaction in order to render legal opinions regarding compliance matters.
Deep Knowledge of Government Enforcement Practices Was Crucial in Defending University Accused of Discriminating in Admissions
Where we started: An elite university was rumored to be discriminating against certain students based on race, by holding them to higher college admissions standards than applicants of other races. The university found itself the subject of a private Title VI discrimination lawsuit and a potential separate federal government probe. Federal law permits the U.S.More
Establishing Permanent Funding for Charter Schools Required Defending New Orleans from a Constitutional Challenge
Where we started: The Minimum Foundation Plan is a method the State of Louisiana uses to fund public education. After the State and the City of New Orleans created numerous charter schools in Orleans Parish, teachers’ unions initiated a lawsuit alleging that The Minimum Foundation Plan was unconstitutional. The plaintiffs claimed that the charter schools wereMore
Iberville Parish v. Louisiana Department of Education
The Louisiana Supreme court upheld State funding to Charter Schools. View the opinion here.
Louisiana Supreme Court Issues Groundbreaking Decision on Public Education Funding, Handing a Major Victory to Students, Parents, and State School Board
We crafted a trial strategy presenting the proper evidence that would create a record in which any adverse rulings in the lower court ultimately could not be sustained.
Parents Against Testing Without Teaching v. Board of Elementary and Secondary Education, 2000 31267 (5th Cir. 2001)
Jay O’Brien successfully defended the State Board of Education against constitutional challenges to Louisiana’s LEAP test. The LEAP test established minimum requirements for 4th and 8th grade students in order to obtain promotion to the next grade.
Persistence and a Lean, Long-Term Strategy Made the Difference in Opening the Way for Charter Schools in New Orleans
Where we started: When Hurricane Katrina devastated the City of New Orleans, it destroyed most of the city’s public-school buildings. The planned rebuilding of the city’s education system included a prominent role for charter schools – a watershed moment for primary and secondary education in Louisiana. Teachers’ unions opposed the plan because charter schools replacedMore

NLRB Rules Non-Disparagement, Confidentiality Provisions Violate Labor Act
In a ruling that could have far-reaching implications, the National Labor Relations Board (NLRB) has determined that non-disparagement and confidentiality provisions in releases related to severance agreements or settlements violate the National Labor Relations Act (NLRA) if they require workers to waive rights such as their ability to discuss the financial terms of their separation, or even how they were treated by the company.
Health and Equity in the Workspace
Members Mag Bickford and Camille Bryant (New Orleans) will present at the Junior League of Baton Rouge's Fourth Annual Women's Leadership Conference on March 1, 2023, on "Health and Equity in the Workspace".
Veterans in the Legal Field
Member Jay O'Brien and Associate Lucas Schenk (Baton Rouge) will co-present to the LSU Law Veterans Advocacy Club on "Veterans in the Legal Field" on March 2, 2023.
If You’re a Good Legal Writer, You Don’t Write Good: Better Contract Writing for Transactional Lawyers
Member Mike Rubin (Baton Rouge) will present an American Bar Association webinar, "If You're a Good Legal Writer, You Don't Write Good: Better Contract Writing for Transactional Lawyers," on February 22, 2023.
McGlinchey Adds 8 Litigation Associates Across 5 Offices
McGlinchey is pleased to announce the addition of eight new associates in its Financial Services Litigation and Enterprise Litigation & Investigations practice groups in the last two months of 2022. The litigators join the firm’s Birmingham, Dallas, Cleveland, Houston, and New Orleans offices.