Pennsylvania Charter School Law
Charter schools are a valuable part of our educational system, offering alternatives to the methodologies of public schools. Educators can create a unique learning environment without many of the legislative requirements of public schools, and students can benefit from educators’ unique vision.
These schools, both new schools and well-established institutions, have unique legal needs. The experienced Pennsylvania (PA) charter school lawyers at MacMain Leinhauser help schools in the Greater Philadelphia area and throughout the state navigate these challenges with ease.
Legal Counsel for New Charter Schools
Establishing a new charter school is an exciting undertaking that can also be somewhat overwhelming. New schools must successfully submit an application to the local school board and acquire funding in order to establish themselves.
Charter schools are eligible for traditional loans but may benefit more from tax-exempt bond financing when available. In either case, new schools must ensure that they have access to the capital they need to run successfully.
The school itself also must be acquired. Many new charter schools operate out of former municipal school buildings that have been purchased or leased. Both the School District of Philadelphia and the Archdiocese of Philadelphia may have properties available for these purposes. Properties must be inspected and approved for charter school use, and some may require extensive renovation. Educators may also choose to purchase land and build a new structure, provided that the property can be zoned for an educational institution. All construction contracts must adhere to Pennsylvania charter school laws and regulations.
Pennsylvania Charter School Governance
Educators can have very specific visions for how they want their school to operate, and it is important to get these policies down in writing. Employee manuals and codes of conduct must be written in language that is clear, comprehensive, and appropriate to the mission of the school. With deep experience in education and employment law, our attorneys are well-suited to guide charter school leaders through the creation and maintenance of these documents and to assist with any employment law issues that arise.
School policies must also be compliant with both charter school law and federal tax law, and they must remain so if they are revised at any time.
The policy requirements for the board of trustees are even more stringent, as they are considered public officials. The responsibilities and restrictions of board members must be clearly outlined in their board training and reiterated periodically.
Ongoing Legal Counsel for Pennsylvania Charter Schools
Once they are established, charter schools will have ongoing legal needs that require the aid of a charter school lawyer. Schools will periodically be required to renew their charter contracts, and they will need to maintain a good working relationship with the School District of Philadelphia, the Pennsylvania Department of Education, and other governing bodies. Contracts with vendors will need to be negotiated or renegotiated, and fundraising efforts must be conducted within the bounds of the law.
The state of Pennsylvania has specific regulations regarding special education. Accommodations must be made for students with learning challenges to ensure a quality education. Teachers must be thoroughly trained so that techniques used in the classroom are both practical and compliant with the law.
Schools may also require legal representation in dealing with a number of personnel matters, including:
- Employment of faculty and administrative staff
- Board member succession
- Compliance with employment statutes
- Union relations
- Settling disputes involving staff or students
- Disciplinary measures for staff or students, including expulsion
- Constitutional issues relating to free speech, religion, or search
Charter school lawyers offer valuable assistance in ensuring that policies are enforced in such a way that does not violate the rights of anyone involved under educational and employment statutes such as Title IX, the Family Educational Rights and Privacy Act (FERPA), the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and the Family and Medical Leave Act (FMLA).
Finally, changes to state and federal laws or regulations can cause schools to fall out of compliance if they are not aware of and/or responsive to updated governance. Our attorneys stay up-to-date on current PA charter school law and related matters so our clients don’t face unnecessary legal issues related to these changes.
Contact Our Pennsylvania Charter School Lawyers
The charter school lawyers at MacMain Leinhauser offer comprehensive legal counsel and representation to charter schools in the Greater Philadelphia area and across Pennsylvania. We understand the complexities of Pennsylvania education law and handle all types of legal matters so that educators can focus on their students. Our legal team is dedicated to resolving issues efficiently and satisfactorily, and we are prepared to take on arbitration or litigation as needed to protect our clients’ interests.
Contact us to discuss your Pennsylvania charter school law needs by calling 484-318-7106 or completing our online contact form.