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
Defended Louisiana School Employees’ Retirement System in multiple constitutional and statutory challenges to the funding of retirement systems and calculations of member benefits.
Dismissed on summary judgment a class action suit brought by school bus drivers against the Louisiana School Employees’ Retirement System (LSERS). The lead plaintiff claimed that the manner in which retirement contributions are calculated for all bus drivers violated state law, and sought class certification of the issue. We argued that retirement contributions were properlyMore
Defended the State of Louisiana against constitutional and statutory challenges to its correctional systems.
Represented the State of Louisiana Department of Corrections in a class action brought by inmates of the Louisiana Department of Corrections claiming the mental health services provided were unconstitutional. Represented the State of Louisiana, Department of Corrections in a class action brought by juveniles and the U.S. Department of Justice (DOJ) that conditions of confinementMore
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.

44 McGlinchey Practice Areas recognized in 2023 Best Law Firms
McGlinchey Stafford PLLC is pleased to announce two national practice group rankings and 42 metropolitan practice area rankings in U.S. News - Best Lawyers® “Best Law Firms” for 2023.
Student Loan Borrowers Beware: You May Owe State Tax on the Forgiven Debt Even If You Do Not Receive an IRS Form 1099-C
While student loan debt forgiveness may be excludible from income for federal income tax purposes, some states do not exclude such debt forgiveness from income for state income tax purposes. This means the borrower may have to pay state income tax on the forgiven student loan debt.
Firms do their best to on-board first-year attorneys
Member Kelly Lipinski (Cleveland) was featured in Cleveland Jewish News on August 15, 2022. She discussed how McGlinchey supports first-year attorneys, including work-life balance, providing diverse exposure, and what she recommends young attorneys seek out in a law firm.
Confidentiality Designations and Sealed Documents CLE
Sealed documents procedures and confidentiality designations can be confusing. Farren Davis (New Orleans) will moderate “Confidentiality Designations and Sealed Documents CLE” hosted by the New Orleans Chapter of the Federal Bar Association on Wednesday, June 29, 2022. This presentation will review confidentiality destination and sealed documents procedures, limitations, and related recent case law. The NewMore
Kentucky and Virginia Enact Student Education Loan Servicing Laws
Kentucky and Virginia have passed legislation relating to student loan servicers. In Kentucky, a new student loan servicing law creates new licensing and compliance requirements. In Virginia, an amendment to their law limits the scope of their existing law. An explanation of the changes follows below.