Education Law

Our Education Lawyers provide high-quality, cost-effective representation to primary and secondary schools, including municipal and regional school districts, charter schools, collaboratives and private schools, and institutions of higher education to support them in educating their students.

We represent our clients in all facets of labor and employment law; internal governance; students’ rights, policies and discipline; construction, and leasing and land use.

Marc Terry selected as a member of the newly formed AASA Committee to enhance advocacy work with federal agencies and Congress

[ read full story ]

Marc Terry quoted in Education Week "School Boards Are Limiting Public Comment. Will That Erode Trust?"

[ read full story ]

Ashlyn Dowd featured in Community Legal Aid

[ read full story ]

e-Alert: Handling Public Comment and Public Records Requests in Light of Critical Race Theory, COVID-19 and Other Contentious Issues

[ read full story ]

e-Alert: What Employers Need to Know about President Biden's "Path Out of the Pandemic" COVID-19 Action Plan

[ read full story ]

PODCAST: Anthony DaSilva discusses Protecting Employee Retirement Plans from Cyberattacks

[ read full story ]

Amanda Baer was quoted in Ragan's Workplace Wellness Insider article "5 Issues Every Organization Should Consider in Planning Their Return to Work

[ read full story ]

e-Alert: Supreme Court Finds School District Violated First Amendment for Off-Campus Speech

[ read full story ]

e-Alert: Remote Public Meetings Authorized Through April of 2022

[ read full story ]

e-Alert: Massachusetts COVID-19 Emergency Paid Sick Leave - Updated Guidance and Resources

[ read full story ]

PODCAST: Ken Pickering discusses Preventing, Detecting and Responding to Employee Fraud

[ read full story ]

e-Alert: Massachusetts COVID-19 Emergency Paid Sick Leave - Employer Guidance

[ read full story ]

Amanda Baer interviewed by Spectrum News 1 "Back to the Office: What Employers and Employees Can Expect with a Return to Work"

[ read full story ]

Amanda Baer quoted in Workest by Zenefits article "Can Small Businesses require COVID Vaccines in the Workplace?"

[ read full story ]

e-Alert: COVID-19 and Masks: Should Employers Continue to Require Masks in the Workplace?

[ read full story ]

PODCAST: Amanda Baer discusses American Rescue Plan Act and FFCRA

[ read full story ]

PODCAST: Mirick O'Connell attorneys discuss February being Heart Awareness Month

[ read full story ]

David Surprenant was quoted in Telegram & Gazette article "Mirick O'Connell signs 10-year lease renewal with Mercantile Center in downtown Worcester"

[ read full story ]

PODCAST: Amanda Baer discusses Massachusetts Commission Against Discrimination Claims

[ read full story ]

PODCAST: Mirick O'Connell attorneys discuss Remembering RBGT: Her Life and Legacy

[ read full story ]

PODCAST: Marc Terry discusses Reopening of Public Schools during COVID-19 Pandemic

[ read full story ]

PODCAST: Chris Collins discusses the Benefit of Serving in the Community

[ read full story ]

e-Alert: New Municipal Relief Act has Important Provisions for School District Service Contracts and Emergency Educator Licensing

[ read full story ]

e-Alert: The Next Phase in the COVID-19 Battle for School Districts: Budget Cuts, Furloughs, Layoffs and Collective Bargaining

[ read full story ]

e-Alert: Extended Closure due to COVID-19 Raises Multiple Issues for Schools

[ read full story ]

e-Alert: Governor Baker Recommends Legislation to Address Challenges Caused by School Closures

[ read full story ]

Public Education Legal Update: "School District Did Not Violate Teacher's Religious Rights After Teacher Refused to Follow District's Transgender Name Policy"

04/24/2023[ read full story ]

Public Education Legal Update: "Remote Public Meetings Extended Through March 31, 2025"

04/04/2023[ read full story ]

Public Education Legal Update: "SJC Finds Public Meeting Comment Restrictions Unconstitutional"

03/13/2023[ read full story ]

Public Education Legal Update: OCR Issues New Fact Sheet on Diversity, Equity and Inclusion Activities Under Title VI of the Civil Rights Act of 1964

02/10/2023[ read full story ]

Public Education Legal Update: "Recent Court Decision Clarifies the Massachusetts Independent Contractor Law Does Not Apply to Public Employers"

09/26/2022[ read full story ]

Public Education Legal Update: "Massachusetts "CROWN" Law Prohibits Discrimination Based on Hairstyle"

07/28/2022[ read full story ]

Public Education Legal Update: "Remote Public Meetings Extended Through March 31, 2023"

07/19/2022[ read full story ]

Public Education Legal Update: "Scope of Supreme Court Decision Allowing Coach to Pray on Field Limited"

06/29/2022[ read full story ]

Public Education Legal Update: "Recent Federal Court Case Changes Rules on Authority Over Voluntary Transfers"

06/21/2022[ read full story ]

U.S. Department of Education Announces Timeline for Revisions to Title IX Regulations

12/14/2021[ read full story ]

Massachusetts Legislature Enacts School Anti-Lunch Shaming Law

12/02/2021[ read full story ]

Handling Public Comment and Public Records Requests in Light of Critical Race Theory, COVID-19 and Other Contentious Issues

10/14/2021[ read full story ]

e-Alert: Should Employers Consider Surcharges for Unvaccinated Workers?

9/14/2021[ read full story ]

e-Alert: What Employers Need to Know about President Biden's "Path Out of the Pandemic" COVID-19 Action Plan

9/14/2021[ read full story ]

e-Alert: Supreme Court Finds School District Violated First Amendment for Off-Campus Speech

6/25/2021[ read full story ]

Remote Public Meetings Authorized Through April of 2022

6/18/2021[ read full story ]

Juneteenth and the School Year Calendar

5/4/2021[ read full story ]

Education Models Impacted by DLR Decision and Possible Change in Learning Hours

2/25/2021[ read full story ]

e-Alert: Board of Elementary and Secondary Education Adopts Emergency Regulations Addressing Student Learning Time

12/16/2020[ read full story ]

New Municipal Relief Act has Important Provisions for School District Service Contracts and Emergency Educator Licensing

6/17/2020[ read full story ]

The Next Phase in the COVID-19 Battle for School Districts: Budget Cuts, Furloughs, Layoffs and Collective Bargaining

5/15/2020[ read full story ]

U.S. Dept of Education and U.S. Dept of Health and Human Services Updates Joint Guidance on the Applicability of FERPA and HIPAA to Student Records

01/28/2020[ read full story ]

e-Alert: Decision in Spaulding v. Town of Natick School Committee is a Message to All School Committees

3/15/2019[ read full story ]

e-Alert: Federal District Court Ruling Raises Questions About Secret Audio Recordings of Public Officials

1/14/2019[ read full story ]

Individual Superintendent Evaluations Not Subject to Release under Open Meeting Law

12/22/2017[ read full story ]

U.S. Dept. of Education Interim Guidance to Schools and Colleges for Addressing Sexual Misconduct on Campus

09/27/2017[ read full story ]

Student Free Speech Rights

09/20/2017[ read full story ]

What Should School Districts do When ICE Comes Knocking?

4/18/17[ read full story ]

e-Alert: What Should School Districts do When ICE Comes Knocking?

4/18/2017[ read full story ]

U.S. Department of Education Issues Revised FERPA Regulations

December 23, 2011[ read full story ]

Marc Terry to Present at MassEdCo's Fall Forum: Cyberbullying: Current Research and Trends

09/27/2019[ read full story ]

Mirick O'Connell participates in National Wear Red Day

2/6/2021[ read full story ]

Mirick O'Connell Sponsors the M.A.S.S. Annual Conference

07/10/2018[ read full story ]

Mirick O'Connell Sponsors the Ashland Education Foundation Gala

04/27/2018[ read full story ]

Dartmouth College Men’s Basketball Team Held to Be Employees of Institution and Allowed to Unionize

In the Matter of Trustees of Dartmouth College & Service Employees International Union, Local 560, Case 01-RC-325633 (2024), the Regional Office of the National Labor Relations Board (the “NLRB” or the “Board”) has provided yet another expansion of the Board’s on-going …

[ load webpage to read more ]

New California Non-Compete Law Prohibits Almost All Non-Compete Agreements and Requires Notice to Certain Current and Former Employees by February 14

California has long taken an extremely strong position against non-compete agreements, but new laws which took effect January 1, 2024 make that prohibition even stronger and impact employers nationwide who have any employees in California.  California now expressly prohibits any …

[ load webpage to read more ]

Navigating Pay Transparency Laws: What Employers Need to Know

Over the last several years, in an effort to close the gender pay gap, several states and localities across the country have enacted pay transparency laws that, generally, require employers of certain sizes with employees in those locations to disclose …

[ load webpage to read more ]

Private Employers Take Note: Overbroad Non-Disparagement & Confidentiality Restrictions in Severance Agreements Run Afoul of the National Labor Relations Act

As many employers well know, it is customary to include non-disparagement and confidentiality provisions in severance agreements that prohibit departing employees from (i) making disparaging, critical, or otherwise detrimental comments concerning the employer and (ii) disclosing information concerning the substance, …

[ load webpage to read more ]

Is Your Company in Compliance With Executive Order 13706?

In September 2015, Executive Order 13706 was signed, requiring employers that enter into covered contracts with the federal government to provide covered employees with up to seven days (56 hours) of paid sick leave annually, including paid leave allowing for …

[ load webpage to read more ]

SJC Finds Public Meeting Comment Restrictions Unconstitutional

Government boards and committees should review their public comment policies following a decision this week by the Supreme Judicial Court holding that a “civility code” violated the Massachusetts Constitution’s Declaration of Rights and the Massachusetts Civil Rights Act. In Barron v. …

[ load webpage to read more ]

The FTC’s Proposed Ban On Noncompetes – Predictions

Following his election, President Biden issued “The Biden Plan for Strengthening Worker Organizing, Collective Bargaining and Unions,” in which he promised to work with Congress to “eliminate all non-compete agreements” with very limited exceptions. While a bipartisan bill, the Workforce …

[ load webpage to read more ]

Update Policies to Comply with the Massachusetts CROWN Act

At the end of October 2022, the Massachusetts Act Prohibiting Discrimination Based on Natural and Protective Hairstyles (the “CROWN Act”) went into effect. The CROWN Act expands the definition of “race” under Chapter 151B to include “traits historically associated with …

[ load webpage to read more ]

2023 Changes in Massachusetts Employment Laws

            Beginning January 1, 2023, changes to the Massachusetts Minimum Wage Law, retail premium pay, and Massachusetts Paid Family and Medical Leave Law take effect. Changes to Minimum Wage & Premium Pay Changes to Paid Family and Medical Leave (PFML) …

[ load webpage to read more ]

Employers Must Remember Their Obligations under the Massachusetts Pregnant Workers Fairness Act

The Massachusetts Pregnant Workers Fairness Act (the “Act”), which went into effect on April 1, 2018, amended Massachusetts General Law c. 151B to include “pregnancy or a condition related to pregnancy, including, but not limited to, lactation, or the need …

[ load webpage to read more ]
 

Our Practices