Education


As an educational institution, understanding all the state and federal laws to ensure you are in compliance can be overwhelming.

Our team knows the scrutiny you are under and offers decades of experience offering sound advice to schools from private to public and elementary to higher education. Whether you need help with funding, security, student or employee discipline, or any other issue, we have a deep bench to address your concerns and get you the answers you need.

Our education team, with its extensive policy background and relationships, provides advice in both litigation and administrative matters beneficial to all categories of education-related entities, including: 

  • Higher education institutions, including state public universities, community colleges (both public and tribally controlled community colleges), and private institutions
  • K-12 private schools
  • Charter schools and independent public authorizing bodies
  • Private companies doing business with P-20 educational institutions
  • School districts and intermediate school districts
  • Supplemental education service providers
  • Distance learning providers

We have experience providing counsel on the following issues:

  • Developing and administering policies and practices to ensure compliance (including proper reporting) with respect to such statutes as Title IX, Clery Act, the SaVE Act, FERPA, and the Sexual Violence Elimination Act, as well as both state and federal constitutional requirements.
  • Litigating and defending Title IX and Clery Act claims.
  • Developing academic standards, disciplinary polices, and security procedures for school facilities and campuses, including best practices for fraternities, sororities, sports programs, and other social organizations and campus police departments.
  • Ensuring compliance with statutes and regulations, including those relating to discrimination, harassment, retaliation, accommodations, privacy, and immigration.
  • Advising on crisis management when tragedies have occurred.
  • Crafting policies and guidelines for student and faculty use of social networking sites.
  • Drafting legislation on educational regulatory and funding issues.
  • Outsourcing of transportation, information technology, food, and other services.
  • Advising on real estate transactions, including the creation of a national historical district, negotiating with developers, architects, construction managers, and general contractors on construction and renovation projects.
  • Developing appropriate standards for competitive bidding and requests for proposals and resolving bid controversies and protests.
  • Advising on planned gifts, drafting gift pledge agreements, and guidelines for capital campaigns.
  • Providing tax-exempt guidance and employee benefits counseling, including pension, welfare, nonqualified deferred compensation, fringe benefits, HIPAA compliance, etc.
  • Advising on public-private partnerships, cooperative agreements (both between higher education institutions and higher education and K-12 entities), affiliation agreements, tax increment financings, interlocal, and inter-government agreements.
  • Counseling on public employment and collective bargaining matters, ballot proposals, and public finance and bond matters.
  • Counseling regarding compliance with open meetings and public information laws and regulations.
  • Providing intellectual property counsel regarding ownership of patents and protection of trademarks.
  • Advising on federal earmark legislation and state appropriations.

Dykema has been a leader in structural educational reform since authoring charter school legislation in the early 1990s, successfully defending the legislation’s legal challenges, and representing state universities in establishing and overseeing public school academies in the last 20 years.

We also represent K-12 private schools on a variety of matters, including working with boards of trustees to negotiate contracts for presidents, assisting with head of school presidential searches, school investigations, best practice policy development, training (including proper use of social media), and administrative and litigation matters. 

Dykema has assisted with the consolidation, annexation and the dissolution of public school districts, with the conversion of traditional districts to charter districts. Different approaches have included:

  • The restructuring of the School District of the City of Detroit, by creating a new district to deliver public service free of debt service burden, while stranding the debt with the old school district.
  • The restructuring of the school districts of the City of Highland Park and the City of Muskegon Heights where we created temporary new operating systems to deliver educational services while the old school districts pay off the debt.
  • The annexation of the financially distressed Albion school district by the neighboring Marshall school district.
  • The dissolution of the Buena Vista and Inkster school districts with the assumption of educational functions by neighboring districts without legacy debts or costs.
  • Consent agreements for the school districts of the City of Benton Harbor and the City of Pontiac where we developed a collaborative agreement involving locally affected stakeholders and the state for the operation of the entity and repayment of the debt.

Dykema advises public and private colleges and universities on how best to achieve their objectives as well as assist with policy development (including Title IX policies), administrative claims, tenure disputes, and litigation. We have also assisted on a variety of matters, including working with boards of trustees to negotiate contracts for presidents, assisting with presidential searches.

We have an interdisciplinary practice comprised of attorneys with wide-ranging backgrounds, including government policy, labor and employment, real estate, intellectual property, immigration, tax, healthcare, privacy, corporate governance, and finance.

  • We serve as outside General Counsel for several higher education and higher education trade association clients, as well as outside counsel for corporations doing business with both public and private colleges and universities.
  • We represented a private university in connection with conduit issuance of $30 million tax-exempt higher education revenue improvements bonds.
  • Several of our attorneys participate in higher education organizations, including membership in the National Association of College and University Attorneys and the Association of International Educators.

Latest News and Insights

Press Releases11.2.23

Dykema Receives 14 National Rankings and 153 Metro Rankings in Best Law Firms for 2024

Dykema, a leading national law firm, announced today that the firm was nationally ranked in 14…

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Press Releases9.18.23

15 Dykema Attorneys Named to Texas Super Lawyers List for 2023

Dykema, a leading national law firm, announced today that 15 of its Texas-based attorneys—from…

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Press Releases8.17.23

194 Dykema Lawyers Listed in The Best Lawyers in America® 2024 and Best Lawyers “Ones to Watch”

Dykema, a leading national law firm, announced today that 194 of its attorneys, in multiple practice…

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