School Building Projects

Our attorneys counsel and represent public and private schools and colleges on legal issues related to school policies, labor and employment law, discrimination, student rights, school construction and project financing. We provide ongoing advice to our clients regarding federal and Massachusetts laws that affect educational administration, and we assist school administrators in effectively delivering educational services in an increasingly demanding legal environment.

Public schools are both educational institutions and employers that are subject to a myriad of state and federal laws and regulation. We take a team approach to advising and representing the firm's educational clients, which allows us to counsel them in both of these roles. We counsel schools in the complexities of disciplining students, drafting student handbooks and interpreting the Education Reform Act. We advise and represent educational institutions on student rights issues, including reviewing and revising student codes of conduct, drafting policies under the Drug-Free Schools and Communities Act, and providing advice on students' participation in athletic and other extracurricular activities.

We also represent and advise our public and private educational clients in labor and employment issues, including personnel issues, collective bargaining, grievance arbitration, unfair labor practices and the negotiation of employment agreements with school administrators.

In addition, we represent educational clients in governmental investigations and defend against charges before state and federal administrative agencies, including the Massachusetts and federal departments of education, the Massachusetts Department of Labor Relations, the Massachusetts Commission Against Discrimination, the Equal Employment Opportunity Commission and the U.S. Department of Labor, as well as before state and federal courts.

Massachusetts legal requirements related to public school construction, innovation and repair are complex and frequently amended. Our attorneys advise public school clients on projects ranging in scope from new school design and construction to general purchasing matters.

Practice Chair

Open Meeting Law: Remote Participation & Proposed Definition of "Knowing" Violations

December 20, 2011[ read full story ]

A Classic Distinction Between Legal Remedies and Equitable Remedies:  1st Circuit Overturns Decades-Old Precedent On Citizen Enforcement of Clean Water Act

The First Circuit recently overturned a thirty-one year old decision on citizen enforcement of the Clean Water Act (CWA).  The now-overruled decision is North and South Rivers Watershed Ass’n v. Town of Scituate, 949 F.2d 552 (1st Cir. 1991), in …

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Municipal Law:  Supreme Court Lightens Up On Standard of Review for Certain Sign Bylaws

Recently, the Supreme Court addressed a challenge from two private entities related to the constitutionality of a sign bylaw (“Bylaw”) instituted by the City of Austin (“City”).  In City of Austin v. Reagan National Advertising of Austin, LLC, et. al., …

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“A Trap for the Unwary:”  Bankruptcy Court Declares Debtor’s Homestead Deficient

In In re Luu, Danny Luu (the “Debtor”) argued that he had a homestead exemption in the amount of $324,960.00.  He argued that because he filed a homestead declaration on March 18, 2021—just two days prior to filing his Chapter …

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State’s Highest Court to Determine Scope of Dover Amendment Solar Protection in M.G.L. c. 40A

Last week, the SJC heard oral arguments for a case that is anticipated to potentially impact municipal zoning, specifically in the realm of solar energy projects.  The outcome of this case will either aid or inhibit a municipality’s ability to …

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Remote Public Meetings Authorized Through April of 2022; New Law Extends Additional COVID-19 Emergency Rules

Public bodies may continue to hold remote meetings through April of 2022 under new legislation enacted this week. The statute, Chapter 20 of the Acts of 2021, authorizes a quorum of a board or committee to meet remotely and require remote …

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Municipal Permitting Timelines Resume on December 1

Effective December 1, municipal boards must follow the usual permitting deadlines following a COVID-19 statute enacted last week. Towns and cities had been operating under Section 17 of Chapter 53 of the Acts of 2020, which tolled the deadlines for commencing …

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Important Update – The Impact of Coronavirus on the Construction Industry

Since our post on March 18, a lot has happened from both a health and regulatory standpoint as far as the impact from the outbreak of COVID-19 (“coronavirus”) on local and state construction practice.  Here is an update, as of …

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The Impact of Coronavirus on the Construction Industry

The outbreak of COVID-19 (“coronavirus”) has impacted all industries, including construction.  First and foremost, we are in the midst of a public health crisis, and the safety and well-being of all project participants should be top of mind.  We are …

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Executive Order Loosens Open Meeting Law Requirements During Coronavirus Emergency

Governor Baker signed an Executive Order relieving government boards and committees from compliance with certain Open Meeting Law requirements during the novel Coronavirus (COVID-19) emergency. The Order gives public bodies greater leeway to hold closed-door and remote meetings, so that government agencies …

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SJC Reverses Appeals Court on Standing Requirements Under the Zoning Act – With Record Speed

All zoning conformities are alike, to rephrase Tolstoy’s famous opening line, but each zoning-related injury is injurious in its own way. Such has been the time-honored tenant of Massachusetts law for abutter standing under the Zoning Act.  To successfully challenge …

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PFAS Concerns Mounting for Cities and Towns as MassDEP Proposes Maximum Contaminant Level in Drinking Water

Many of our readers will be aware that on December 27, 2019, the Massachusetts Department of Environmental Protection (MassDEP) proposed a Maximum Contaminant Level (MCL) for PFAS in drinking water of 20 parts per trillion (0.02 ug/L or ppt) for six PFAS …

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Building the Boroughs: A Year in Review

In 2019, Mirick O’Connell’s permitting attorneys were proud to help our clients, large and small, with local approvals in Marlborough for 6 great projects. Thank you to our clients and the City of Marlborough for a wonderful year! Click here …

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