5430 W Washington St, Orlando, Fl 32811, Articles V

Just Remember PRIDE, The Supreme Courts Ruling on Affirmative Action: Whats Next for Independent Schools, National Association of Independent Schools, National Business Officers Association Retains Grace Lee as Legal Counsel, Coverage of Grace Lee's Return to Venable, Grace Lee Rejoins Venables Independent School Practice in Washington, DC, Colleges, Universities, and Professional Schools, Sick, vacation, and short-term and long-term leave policies, Reference checks and other vetting options, Effective criminal background screening procedures, Defense against wrongful discharge claims, Construction disputes and enforcement litigation, General personal injury liability defense, Creation, review, and revision of policies and procedures that address relationships and interactions between students, as well as students and employees, with specific attention to strategies for avoiding such behavior, Creation, review, and revision of procedures for responding to allegations of abuse, including the process followed in internal investigations, Development of a crisis management plan for responding to allegations of misconduct, including the identification of an external investigator, a crisis management consultant, and an internal task force, Consideration of proactive steps for reaching out to the school community prior to the reporting of allegations, Training of staff, students, and other members of the school community related to boundaries, appropriate behavior, and methods for protecting the student body, Counseling and advisory assistance with employee matters, Managing employment discrimination claims, Evaluation and design of benefits programs, Union relations, including labor contract negotiations, Proper overtime payment calculation and tracking of hours, Section 403(b), Section 457(b), and 457(f) plans, Health insurance, life insurance, and other benefit plan reviews, Short-term and long-term disability plan reviews, Compliance with healthcare reform obligations, Intermediate sanctions and rebuttable presumption compliance, Head of school search and selection strategies, Co-venture creations, financing and compliance, International trade and establishment compliance, Salary and employment practice compliance, Curriculum, intellectual property, and branding protection, Permission slips, emergency forms, and foreign travel documents, Due process (honor code procedures) prior to suspension or discipline, Appropriate role of school in custody and domestic issues, Drug and alcohol policies, detection, and discipline, Counselor and teacher confidentiality issues, Transcript and school document release policies, Enrollment agreements addressing international payment, Homestay procedures for selection and vetting, Permission slips for alternative program participation, Employment documents for minors and other camp employees, Compliance with state and local summer camp rules and obligations, Admission of students with learning disabilities, Allergies and health issues requiring program modifications, Training of supervisors and administrators in ADA requirements, Policies and procedures for reporting sexual harassment, Guidance on confidentiality and privacy obligations, Disciplinary procedures and implementation, Mentoring and extended educational support, Matters associated with best practices in the industry, Drafting and reviewing acceptable technology use policies applicable to students and employees, Use of school space by third parties for movies, Use of school and personal equipment, networks, and programs, Reviewing use of social media for marketing and development, Ensuring enforceability of online enrollment agreements, Ensuring compliance with state solicitation laws, Compliance with duty of care, loyalty, and obedience requirements, Board minutes, procedures, and meeting policies, Drafting and review of charters and articles of incorporation, Document retention and destruction policies, Codes of ethics and enforcement procedures, Providing counsel on implementing the collective bargaining agreement, Advising on strategies that provide flexibility, Assisting in the negotiations of the collective bargaining agreement, Representation of the school in defending unfair labor practice charges, Investment strategies and compliance requirements, Financial aid programs and tax implications, Unrelated business income tax planning and structuring, IRS and state tax defense and audit support, Form 990 reporting, disclosure, and compliance, Charitable solicitation, substantiation, and registration requirements, Food service, cleaning service, technology purchase and support, and other service contract review, Use of facility and subcontracting process and contract review, Insurance plans and coverage assessments and review, Review and preparation of business and vendor contracts, Evaluation, interpretation, and assessment of insurance coverage amounts, Review of director and officer insurance coverage, Banking, loans, and financial institution relationships, Intellectual property issues pertaining to copyrights, trademarks, and patent infringement, Purchase and sale of buildings and property, Zoning, special exception, and conditional use approvals, Construction and building defect and error resolution, All facets of green construction and certification, Copyright protection of logos, branding, and slogans, Program, curriculum, and written works protection, Policies for work created by faculty, students, or other employees, Procedures for obtaining copyright and other intellectual property protections, Advice on insurance coverage and claims procedures, Review of directors and officers insurance policy, Assistance with compliance with plan requirements, Evaluation of buildings and grounds safety, Assessment of driver and vehicle licensing obligations and policies, Legislative and government issue advocacy. The first workings began around 1820. For example, many parents have lost jobs, been furloughed, or are experiencing salary cuts or steep declines in the value of their investments. Private School Tuition for the 2020-2021 school year ranged from $3,554 to $38,105 nationwide. Right-to-Know requests filed by Education Voters of PA show that Pennsylvania's 14 cyber charters collectively spent $16.8 million on advertising in the 2021-22 school year. . Obtaining signatures on paper contracts places a large administrative burden on schools. . by Christina . Instruct faculty to notify their administrators immediately of any concerns that may arise as a result of such videoconference, such as concerns for student safety and well-being. These include the protection of the school; the compensation, benefits, and taxation of employees working outside the United States; the safety of students and faculty; and the applicability of the laws of the country or countries in which the program will operate. Contact us by. 8 talking about this. - 2023 NACUA Annual Conference, March 14, 2023 Subsequent COVID-19 legislation retroactively eliminated this rule; however, the ERC cannot be claimed for wages a school claimed for PPP loan forgiveness (i.e., no "double dipping"). Fees Venable can help ensure compliance with these laws while sustaining the independence of the institution by reviewing: Venable brings years of experience with complex antitrust issues and the hard realities of government investigations and litigation. An agreement that, in its brevity, is assumed to retain maximum flexibility for a school may have the unintended effect of waiving rights the school otherwise would have had. Once the list of resources is established, thoroughly assess the various factors that may limit the use of the funds, or whether use of the funds would otherwise be significantly detrimental to the school. The lack of deference makes these claims harder to dismiss. Dueling Over Diversity: Republican and Democratic AG Letters Highlight the Divide Over Corporate Diversity Initiatives, Pre-Employment Background Checks: Considerations for Employers When Screening Prospective Employees, New York's Non-Competition Agreement Ban Is (Almost) Here: Key Questions Employers Should Consider, Coverage of Philip Shengs Arrival at Venable, Mitch Mirviss to Receive Lorraine Sheehan Lifetime Achievement Award, Accomplished IP Litigator Philip Sheng Joins Venables San Francisco Office, Colleges, Universities, and Professional Schools. Name (s) in local language (s): Mine des Chalanches, Allemont, Isre, Rhne-Alpes, France. FAQ 31 also requires for the first time that borrowers must "tak[e] into account their current business activity and their ability to access other sources of liquidity sufficient to support their ongoing operations in a manner that is not significantly detrimental to the business." Whether to make alterations to the program as necessary to enable students with disabilities to participate in distance learning. For instance, if your school charges $60,000 in total tuition for a bachelor's degree, but you receive an annual scholarship in the amount of $10,000, the net cost of your four-year education is only $20,000. Qualifying out-of-state students pay 150% or less of resident tuition for participating graduate certificate, master's and doctoral programs. Many schools also rely on other sources of revenue, such as investment income from the endowment, charitable giving, fundraising events, and rentals of the school's physical plant. This analysis should meaningfully describe the circumstances and factors that support the school's need for a loan. For example, while schools may have substantial endowments, if those funds are restricted the school is not able to utilize the resource. Venable's Independent School Law Practice represents schools nationwide. Reference: Valverde J., De Ascencao Guedes R. (1999), Le Plan du Lac, Isre (France), Le Cahier des Micromonteurs, n2, pp: 6-21 While each school's response to this situation will vary, based on its distance learning plans, existing policies and practices, and its culture, the following steps are important for all schools to take to ensure the maintenance of appropriate interactions between students and faculty during distance learning: In our March 20, 2020 newsletter COVID-19 and Paid Sick Leave: What Independent Schools Need to Know we reviewed the paid sick leave provisions of the Families First Coronavirus Response Act (FFCRA). We work closely with our clients and their consultants to ensure that their retirement programs meet all compliance requirements and help them decide whether they should migrate from traditional retirement programs to more contemporary solutions. For both 2020 and 2021, an employer is eligible for the ERC if its operations were either fully or partially suspended by a COVID-19 government order. The government will be performing a "full audit" of every loan over $2 million, prior to forgiveness. No More Affirmative Action: What Does the Supreme Courts Decision Mean for Independent Schools? Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees' body temperature. that the uncertainty of current economic conditions makes necessary the loan request to support the ongoing operations of the eligible recipient." Other work performed in this area includes: Schools are looking for alternative revenue sources in addition to ways to motivate both students and faculty. Each state imposes minimum requirements for the number of days or hours students must attend school each year. Wages eligible for the ERC include an employee's regular salary, as well as the employee's share of health benefits paid by the employer. The Principals' Center in Australia is designed to provide school leaders in Australia, New Zealand, and Southeast Asia with the knowledge, leadership strategies, and tools to become effective leaders of instructional change and accelerate learning for all students. Text 434-953-1802. The CARES Act directs the SBA to defer payments of principal and interest on PPP loans for at least 6 months because eligible recipients are "presumed to have been adversely impacted by COVID-19." The process is not always easy, and the numerous related issues can become overwhelming if they are not addressed in a mindful and thoughtful manner. While builders' risk policies typically cover buildings under construction and related losses, pollution liability policies may provide coverage for business interruption due to viruses, and commercial general liability policies may provide coverage for damages which resulted from temporarily pausing work. Enrollment numbers may decrease by large percentages, with fewer new families enrolling and current families withdrawing. Although most independent schools across the country have successfully launched distance learning programs that continue to provide high-quality educational services to their students, many schools are still anticipating an influx in tuition refund requests in the coming weeks and months. Wages Eligible for the ERC. The Venable graduation rate is 95% - which is 12% higher than Virginia . Every set of facts will be different, and every policy will contain its own variations on language and endorsements that can significantly change or broaden coverage. Does this diagnosed/suspected case call for members of the school community to modify their behavior and/or take additional precautions or change behaviors? Even a school that has a well-justified PPP loan may still be attacked in the media. The audits will likely be conducted by the SBA Inspector General and will most likely evaluate the forgiveness documents, loan eligibility documentation, good faith certification, and use of loan proceeds. According to the school's website, tuition will be $19,000 . As discussed above, loans above $2M, in addition to other loans as appropriate, will be audited. In Re Columbia Tuition Refund Action, 20-CV-3208 (JMF). Explain the purpose of the videoconference and invite parents to attend, if desired. There are plenty of benefits to doing so, not the least of which is reducing time spent tracking down paper agreements. Communicate with parents regarding the scope of the school's distance learning program and the school's expectations for use of the distance learning platform through a distance learning policy. However, many states have taken steps to relax, eliminate, or waive those requirements as a result of the extended closures of schools' physical campuses and move to remote learning due to COVID-19. It has 281 students in grades PK, K-4 with a student-teacher ratio of 14 to 1. The distinction between general claims seeking full tuition reimbursement versus claims related to fees for specific amenities and services, such as room and board and health services, is increasingly important in these lawsuits. These take various forms, including reviews of human resources policies, wage and hour and payment practices, and legal issues throughout the school. While tuition reimbursement claims are less likely to pass the motion to dismiss, most fees for specific amenities claims have been successful in moving to the discovery phase. The language on school websites and in marketing materials is key to the defense against such claims. Report Highlights. The SBA also has the power to conduct an investigation should questions related to whether the certification was submitted in good faith be raised in the audit. For 2021, this threshold was raised to 500 full-time equivalent employees. What standard is our local Department of Health setting? Similarly, contract language may hold parents or guardians responsible for certain financial obligations, including legal fees, if the school must get involved in a divorce or custody dispute. Dr. Melissa Venable, to figure out what students should be aware of when budgeting for their education. The great-great-grandson of enslaved people in Virginia, Venable is a graduate of Staunton's Booker T. Washington, an all-Black . Schools may wish to reference or attach revenue and budget projections and predictive modeling that evaluates how the economic uncertainty will reduce sources of revenue and increase costs to the school. The Safe Harbor Rule provides that "[a]ny borrower that applied for a PPP loan prior to issuance of this regulation and repays the loan in full by May 7, 2020 will be deemed by SBA to have made the required certification in good faith.". Venable's team of litigators has a proven track record of vigorously defending our schools while still working to resolve conflicts when it is in the best interest of the school. Access to other lines of credit may also be similarly restricted. . Under the CARES Act, a school that received a Paycheck Protection Program (PPP) loan was not eligible for the ERC. But nonetheless, if the Inspectors General take up this request, borrowers (and lenders) could find themselves in the public spotlight and/or under a political microscope notwithstanding the fact that borrowers may have been eligible under the terms of the Act and all applicable rules. . Some accrediting bodies have requirements for independent schools. As a first step, identify all other potential sources of liquidity. Are payments for auxiliary services, including items such as transportation, lunch, and before/after care, treated differently than tuition in the school's agreements with parents? As a benefit to schools, the firm is able to represent them through their insurance providers when coverage is available, which results in a significant cost savings. What about daycare? As part of the evaluation of liquidity, schools should also review the debt held by the school and the impact that debt may have on the institution's finances and the sources of liquidity. National Association of Independent Schools, June 27 - 30, 2023 Just Remember PRIDE, Coverage of Philip Shengs Arrival at Venable, Mitch Mirviss to Receive Lorraine Sheehan Lifetime Achievement Award, Accomplished IP Litigator Philip Sheng Joins Venables San Francisco Office. In addition to ensuring the relationship with international parents, it is important that the school outlines the responsibilities of all parties, including homestay families if applicable. State grants to parents were expected to cover a portion of tuition charges. Here, you can check the average in-state and out-of-state tuition by State. Call Spanish telephone line at 434-245-2548. Has the Department of Health instructed you to take (or not take) certain action(s)? Family Law, Children's Rights, Education Law, First Respondent Law - Litigation, Mediation, Arbitration, Collaborative, Straightforward Advice - 416-446-5080 CLICKING TO MESSAGE Given the volume of loans, it is not anticipated that audits will be particularly granular. INDEPENDENT SCHOOL LAW Venable's Independent School Law Practice represents schools nationwide. While each school must make an individual determination of its need for a loan, there are common factors impacting the industry as a whole that create substantial economic uncertainty. Most recently, May 6, 2020 joint guidance extended the deadline for institutions to repay the loan under the Safe Harbor Rule to May 14, 2020 and indicates that additional guidance will be provided before May 14. Meanwhile, average tuition and fees for a four-year program at a traditional college range from $38,748 (public, in-state) to $140,348 (private). School administrators should develop coordinated, clear, and consistent communications in response to student complaints about remote learning and tuition reimbursement. Increased Credit Amount for 2021. Registering a Student for Charlottesville City Schools Need translation? Recently filed lawsuits have largely focused on the conduct of lenders in allegedly prioritizing PPP loan applications for certain customers over others. Communicating with the School Community About Positive COVID-19 Cases: Should Schools Continue to Notify the School Community of Positive COVID-19 Cases? In addition, the firm has extensive experience in the area of health insurance plans and other related benefits. FAQ 31 appears to add a new standard for receiving a loan, namely that schools must "assess their economic need for a PPP loan." One key component of evaluating the certification of need is performing predictive modeling and financial forecasting using a wide range of possible scenarios. The members of the Independent School Law Practice work with schools to create proactive policies to prevent unlawful harassment and procedures to address allegations of harassment. When considering access to other sources of liquidity, schools should also consider whether using those sources to support ongoing operations would be significantly detrimental to the business. Camps often provide activities that are not usually associated with an academic program, such as horseback riding and climbing walls. Because the rules created by healthcare reform are constantly changing, the need for careful review and compliance is greater than ever before. Develop procedures for faculty interactions with students during distance learning, which may include: Requiring faculty to utilize the distance learning platform provided by the school for communications with students and prohibit the use of personal cell phones or personal e-mail for such communications; Reminding students and faculty about appropriate conversation topics; Reminding faculty to be mindful of their backgrounds and environment during a videoconference; Requiring faculty to hold videoconferences in small groups in lieu of one-on-one communications whenever possible; Where alternatives to one-on-one communications are unavailable, adopting rules for one-on-one videoconferences that reflect the school's existing boundaries policies. The average total program tuition for online bachelor's degree programs is anywhere between $38,496 and $60,593. The Independent School Law Practice assists schools with workforce challenges and legal compliance. - after which all tuition and fees due and owing - written notice to school's designated party for termination enforcement of time lines - consistent enforcement or waive right to enforce - student selected from wait list of another school after cut off date of June 1 timelines Wise In The School World As the COVID-19 pandemic continues, the legal landscape similarly continues to rapidly evolve, forcing independent schools to grapple with new questions and issues on a daily basis. Documentation of the decision to apply for and/or retain the loan should reflect all of the factors that the school evaluated in making its decision. The vein has been exploited during . Venable has assisted numerous schools in the consideration of the following: Members of the Independent School Law Practice have extensive experience with the challenges raised by a student body. It is imperative that schools act in a proactive and strategic manner when addressing allegations of sexual abuse raised by current students or alumni. School test scores 82% . As part of the audit, a report is drafted that identifies the issues of concern, suggests methods for improvement and correction, and outlines the steps the school can take, in order of priority. Review your enrollment contract to determine the respective rights and responsibilities. Generally speaking, when a school charges a finance charge or permits a tuition payment plan of five payments or more, the school will need to provide a Truth in Lending Act disclosure to parents at the time they are completing the enrollment contract. Whether developing an affiliation with another domestic or foreign entity or establishing a stand-alone institution, schools considering international programs must be mindful of the new legal issues they pose. Ensure that signatories can download, print, or be emailed a copy of the final, signed contract. Thus, following the Americans With Disabilities Act (ADA) can be a complicated process. Independent schools with active construction projects may feel COVID-19's impact in another way. The lack of deference makes these claims harder to dismiss. Four years ago, just five months after being elected to the Staunton School Board, Venable was sitting in the gym at Gypsy Hill Park in the center of one of the most controversial topics in recent Staunton history. Whether distance learning may count for course credit; Whether student participation is required and, if so, procedures for tracking attendance and student participation; How to ensure that all students have access to the technology required to participate in the distance learning program; and. Such guidance and social media communication have caused worry and uncertainty among independent schools, leaving them to consider whether it was wise to still seek PPP loans or, if they have already received the loan, whether to return the money. rates 95% 14% higher than the US average . When creating contingency plans for the remainder of the school year, independent schools must ensure that their distance learning programs meet any and all applicable state requirements for instructional time with an eye to the following: Schools should not assume that any period of distance learning will count toward minimum instructional time requirements. In addition, for 2021, an employer is eligible for the ERC if it experienced a 20% quarteroverquarter decline in revenue compared to the same quarter in 2019. The developing case law in these suits dictates that only claims based on specific, objectively measurable promises make for viable claims. It is no secret that the COVID-19 vaccination has been met with skepticism across all generations, with many opting to forgo the vaccine altogether. Subscribe to Venable's Labor and Employment Newsletter. The resource provided by Arizona's voucher expansion makes the Phoenix Friends School even more accessible, said founder Willard White. In the meantime, higher education institutions are encouraged to consult with counsel and be prepared for the inevitable litigation resulting from the current landscape of learning for higher education institutions. However, plaintiffs in at least one class action have gone so far as to name a purported defendant class of loan recipients, in addition to lenders. Total undergraduate enrollment in 2022 was nearly 4,000 students. While a school may emerge from a non-public government investigation without an adverse legal finding, the existence of an audit or investigation and the prospect of potential liability could affect a school's ability to focus on its mission, operations, and allocation of resources, as well as its reputation. Schools should consider including documentation of the following: Yes. These can include reductions in faculty and staff after a careful review of programs and staffing needs, freezing or reductions in salary, reduction or suspension in retirement contributions, or elimination of activities or programs. The group also found that PA Virtual Charter, based in King of Prussia, spent more . It was discovered in 1767 by a shepherdess, who was going to throw a silver rich rock at a goat. - MPC Digital Commerce, Update: SBA Refines Certification Requirements, Presumes that Loans under $2 million Were Sought in Good Faith and Clarifies Remedy, Consumer Financial Services Practice Digest, - Receivables Management Association International, Coverage of Philip Shengs Arrival at Venable, Mitch Mirviss to Receive Lorraine Sheehan Lifetime Achievement Award, Accomplished IP Litigator Philip Sheng Joins Venables San Francisco Office, Declines in new enrollment and reenrollment, Limitation on the return of international students, Increased requests for financial aid, including from families who were previously "full pay" families, The inability to earn from alternative revenue sources, such as summer camps and facility rentals, Revenues lost from other services, such as boarding, transportation, and meal service, Declines in charitable giving and inability to operate such events as auctions or other fundraising events, Market instability and the ability to rely on investment income from the endowment, the school's existing budget and budgetary needs, financial forecasting and predictive modeling performed to reflect the impact the economic uncertainty will have on sources of revenue and costs to the school, a comprehensive list of the school's sources of liquidity, a description of the implications for the school if it utilizes its liquidity and whether accessing such resources would have a significantly detrimental impact on the school, the measures the school would need to implement if it declines the loan, any debts, loans, or other financial commitments and encumbrances or covenants on liquidity associated with the financial obligations, information presented to the board and/or committees of the board for their consideration (for example, copies of presentations, memos, or other descriptive documents or handouts; copies of the regulations, articles, and other resources opining on the regulations; and input solicited from outside professionals, including accounting firms and banks), board and or committee meeting minutes and any and all board resolutions. 644 were here. English teachers who are adept at making the Iliad come alive for students are not easily found, and not easily replaced. Demonstrate the school's commitment to providing high-quality educational services by confirming that the school's distance learning plan is contained in a comprehensive, written document that may be provided to parents, if needed. It has 517 students in grades K-4 with a student-teacher ratio of 12 to 1. The analyses described above will help a school document and ultimately explain its decision to accept PPP funds. This quandary has led to a proliferation of lawsuits seeking reimbursement of tuition for individuals who feel forced to forgo live education based on this choice.