Education
Education-sector organizations must manage law compliance in an environment more complex, intense, and variable than in bygone days. Education institutions face financial pressure, heightened regulatory burdens and government enforcement, fierce competition, increased internationalism, and fast-paced technological opportunities and risks. BMD's team of experienced attorneys draw on an accumulated wealth of experience, knowledge and relationships to provide solutions to navigate the vast complexity of the ever changing educational environment. Our clients include private and public colleges and universities as well as primary and secondary schools, including community (charter) schools.
Educational Compliance
As outside counsel to our education clients, BMD provides advice in all areas of education law, including the Family Educational Rights and Privacy Act (FERPA), the Individuals with Disabilities Education Act (IDEA), relations with parents and families, employment and retirement issues for school employees, electronic and virtual education, adult and vocational education, and compliance with the Ohio Sunshine Law and public meetings requirements.
University and Post-Graduate Representation
In representing various public and private universities, BMD is also experienced in the unique issues created by post-graduate education such as employment relations with tenured and non-tenured employees, creation and accreditation of graduation schools and programs, commercialization of university inventions through technology licensing, Title IX compliance, and the regulation and financing of student housing projects. We also advise higher education clients on creative ways to monetize assets and structure public-private deals.
Community Schools
BMD provides counsel regarding the Ohio Community Schools Act, sponsor-school relations, tax treatment of community schools, and negotiations with the Ohio Department of Education’s Office of School Sponsorship and private sponsors.
Labor & Employment
BMD provides comprehensive support to educational institutions (including K-12, colleges, and universities) facing challenges involving faculty and staff, including discrimination and harassment investigations (including through the EEOC and OCRC), litigation, terminations/layoffs, Title VII and IX compliance, and workplace safety concerns/investigations. We assist with disputes over employment agreements, tenure rights, and collective bargaining negotiations and obligations, ensuring institutions remain compliant while fostering exceptional education work environments. We also represent educational institutions with issues relating to adjunct professors, such as unemployment benefit claims, where issues of “reasonable assurance” often complicate eligibility. Whether addressing policy enforcement, contract disputes, or union negotiations, our team is equipped to represent your institution to protect its legal interests and promote a respectful, legally compliant workplace.
Title IX Decision Maker, Investigator and Advisor Services
BMD's Title IX team provides independent investigator, advisor, and hearing decision maker services to educational institutions. Our team members are all licensed, experienced attorneys who are trained in Title IX services. We work with Title IX coordinators and administrators to provide professional, impartial, and thorough treatment of complaints in compliance with Title IX Regulations and the institution’s own policies.
As investigators, we conduct prompt, detailed, and neutral interviews and fact-finding.
As decision makers, we understand the importance of providing a fair and independent review of the evidence and of affording both parties due process of law.
We are also available to serve in the role of advisor to the complainant or respondent in Title IX proceedings.
Learn more about our services on our Title IX page.