Independent & Private Schools

Understanding public regulation of nonpublic schools

Unlike California public schools, independent and private schools are not governed by the California Education Code. As well, not all federal and state laws that apply to public schools apply to nonpublic schools, although some do. In part, compliance requirements are determined by whether or not a nonpublic school accepts federal funds. The key for every nonpublic school is knowing where they stand on the compliance spectrum, and F3 attorneys are experienced guides. Because of F3’s experience advising both public and nonpublic schools, California independent and private schools call on us to untangle what they may and may not do under a host of existing federal and state laws and regulations. For example, nonpublic schools may hire and fire as they see fit, unlike public schools. They may appoint boards of trustees without local elections. And they may contract work without a required bidding process if they choose. Nevertheless, some federal and state laws do apply, and some things a nonpublic school may have the right to do still require counseling because nonpublic schools are not exempt from civil lawsuits. Federal laws that apply include Title VII and Title IX protections, the Americans with Disabilities Act (ADA), the Family Educational Rights and Privacy Act (FERPA), and others. Private schools that accept federal assistance may be required to adhere to various federal laws covering, for example, special education and US Office of Civil Rights Section 504. Schools that do not accept federal assistance are not bound by such requirements. In California, private schools must file the Private School Affidavit annually, reporting school information required by the education code under penalty of perjury. Clients count on F3 not only to make sure they are not only in compliance with all applicable law, but also to provide guidance on best practices to advance their mission while avoiding conflicts.

Ensuring school governance functions smoothly

While public school districts are governed by boards of education and superintendents, private and independent schools are governed by their own boards of trustees – often comprised of parents, alums, and donors. Accrediting associations, such as the California Association of Independent Schools (CAIS) and the ACS WASC Accrediting Commission, may also play a governance role, especially regarding curricular matters. F3 attorneys work closely with nonpublic schools, their governing bodies, their associations, and accreditors on all matters related to governance and ensuring schools are achieving the educational mission for which families have chosen them.

Having a single source for operational guidance

Operational questions large and small arise every day. If the school decides to build a new facility, with all of the financing and contracting needs that process entails, where to begin? What should a school do if parents are pressuring the school’s administrators on curriculum matters? How should a school set up and operate an endowment program? When board of trustees meetings become contentious, what is the administration’s best response? If parents are upset over denial of admission or a disciplinary matter, what should happen next? How should a school handle issues regarding LGBTQ+ or transgender students’ rights? Having a single source of legal counsel on all such matters is of tremendous benefit, and that is precisely why independent and private schools turn to F3.