The experienced lawyers at Buchalter Nemer stand ready to skillfully and efficiently address any legal issues that a charter or private school operator may encounter.
Twenty years into the charter school movement, charter schools have become an integral part of the educational landscape but seem to confront new and sometimes conflicting regulations, rules, budget cuts and legal challenges daily. The attorneys at Buchalter Nemer have been involved in representing charter schools every step of the way and have contributed greatly to the development of the charter school movement in Arizona, California and beyond.
We understand that each charter school is unique by design and charter school operators need legal counsel who appreciate that a one size fits all approach does not work. The Education, Charter and Private Schools Industry Group of Buchalter Nemer is made up of a team of lawyers who are experts in their respective fields so you can be sure you are getting the best possible representation tailored specifically to your needs.
While not constrained by many of the laws and regulations that affect district and charter schools, private schools share many of the legal challenges other schools face with respect to contract, litigation, employment, facilities acquisition and development and student discipline matters. In addition, private schools often have legal matters relating to fundraising, capital campaigns and foundation grants, the planning for which would benefit greatly from the expert counsel and assistance that Buchalter Nemer provides.
Our expertise includes:
- Corporate Organization and applications for 501(c)(3) status;
- Compliance with 501(c)(3) rules and Treasury Regulations;
- Corporate and School Board governance issues;
- Assist in the preparation of charter applications;
- Drafting Policies and Procedures;
- Land Use/Real Estate Matters;
- Organizational structuring to achieve economic and human resource efficiencies;
- Facilities leasing, acquisition, development, and financing matters including conventional financing, development lease financing and with tax exempt bond structures. Buchalter lawyers have served a borrower’s counsel on the placement of over $3 billion in tax-exempt education facility revenue bonds;
- New Market Tax Credits, EB5Financing and other advantaged financing structures;
- Management Agreements and contracts with particular sensitivity to complex and ever-changing tax rules regarding charter school service agreements;
- Representation of charter school operators before authorizers for charter amendments and claims of non-compliance;
- Litigation including general commercial litigation, construction litigation, employment litigation and bankruptcy;
- Employment Matters including drafting teacher contracts and addressing teacher discipline or termination issues;
- Student Records and student discipline issues; and
- Parent/family rights and custody issues.
In addition, we are active members and supporters of the National Alliance for Public Charter Schools and the Arizona Charter School Association. Our attorneys also frequently speak at national and state conferences and offer firm-sponsored educational webinars and other programs.