Education Law


Boylan Code attorneys have the experience and expertise to represent public school districts and charter schools in all areas of Education Law.  Whether you are a public school district in need of guidance on special education, employee discipline/termination, and compliance with the new 3020-a laws, or a charter school in need of assistance with a charter renewal application or property acquisition and disposition, our school attorneys are prepared to work along-side you and your team to address the wide range of issues you may encounter.

What we can help with

We understand that sometimes even the most common day-to-day issues, such as Freedom of Information Law requests or student residency concerns, can become difficult matters. We also understand that public school districts must make difficult decisions that are often controversial but are for the benefit of the students and parents they serve. Our attorneys are ready to help your school with its legal needs, including, but not limited to:

  • Drafting and Amending School Policies and Procedures
  • Cutting Edge issues such as 3020-a Education Law compliance, school safety, and transgender issues
  • Compliance with Section 504 of the Rehabilitation Act and the new IDEA
  • “Preventative counseling” with regard to special education issues, including assistance drafting Individualized Education Plans (IEPs) and 504 Plans, attendance at Committee on Special Education meetings, and advising on the rights of students with disabilities
  • Counsel on day-to-day school issues, including transportation, student residency, health and safety, attendance, and truancy (including PINS)
  • Counsel and representation related to student discipline
  • Litigation
  • Compliance with Open Meetings Law
  • Freedom of Information Law
  • Protection and release of student records (FERPA)
  • Counsel and advice related to discipline and termination of tenured teachers pursuant to section 3020-a of the Education Law
  • Counsel and representation in connection with the prevention and defense of claims of employment discrimination under the New York State Human Rights Law, federal civil rights laws, and federal laws mandating equal employment opportunities, including Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and Title IX of the Education Amendments of 1972
  • Counsel and representation with respect to other proceedings related to discipline and dismissal of teaching and non-teaching employees, including termination of probationary employees and related grievance and arbitration hearings
  • Advice and counsel regarding the recruitment, appointment, duties, responsibilities, and termination of instructional and non-instructional employees
  • Counsel and representation relative to the legal qualifications, teaching certificates, and other required licenses of teaching staff; proposed reductions in force and related seniority and tenure area questions; transfer and/or assignment of teaching duties; various forms of leaves of absence, workers’ compensation and Family Medical Leave Act implications, the powers, duties, and appointments of substitute and part-time teachers; and issues concerning unemployment compensation
  • Tax Certiorari proceedings
  • Real Estate matters (acquisition, disposition of real property, leasing, and construction)
  • School Board Governance

Charter School Law

We are also one of the only firms in Upstate New York that has a dedicated Charter School Law practice area. We understand that the educational climate in Upstate New York, particularly in Rochester, is difficult to navigate for non-conventional educational institutions. Boylan Code supports school choice and is equipped to help your school succeed. To that end, we provide specialized support to charter schools to ensure compliance with Article 56 of the Education Law in line with the New York State Board of Regents Charter School Performance Framework and, most importantly, in line with your school’s charter. We can help you with issues including, but not limited to:

  • Charter applications, charter renewal applications, and dissolution proceedings
  • Real Estate matters (acquisition, disposition of real property, leasing, and construction)
  • Employee discipline and termination (for instructional and non-instructional employees), staffing, recruitment, retention, and hiring
  • Student Rights and Responsibilities
  • Board governance
  • Fundraising and budgeting concerns
  • Counsel and advice regarding relations with districts of residency and districts of location
  • Special Education Compliance

We also offer training to school boards, administrators, and staff on many aspects of school law and can tailor our presentations to meet the needs of your district or school.

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