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Education Law

Conrad O’Brien represents and advises charter schools, public schools, early education providers, Archdiocesan schools, private schools, and education management organizations. We represent our clients in contract, commercial, and employment litigation, funding disputes, premises liability claims, and internal investigations. We understand that our clients focus must be on the day-to-day operations of their educational institutions and work closely to ensure they continue to meet their institutional goals, even with a potential or pending legal dispute

 

Conrad O’Brien also represents and advises technology companies on regulatory compliance issues relating to sales to educational institutions.

Educational Institutions

Conrad O'Brien represents schools, management organizations, and education contractors in connection with:

 

  • Contract, commercial, and employment litigation
  • Internal audits and investigations

  • Federal legal issues (ESSA/ESEA, IDEA, Section 504, USDOE regulations, Office of Civil Right investigations, anti­discrimination and constitutional issues)

  • Funding disputes

  • Premises liability litigation

  • Charter renewal / revocation litigation

 

Notable Cases:

 

  • Successfully represented Richard Allen Preparatory Charter School against the School District of Philadelphia and School Reform Commission that the School District did not have the power to impose unilateral enrollment caps on charter schools or deny funding where enrollment caps are exceeded. 
  • Representing Chester Community Charter School, Conrad O’Brien achieved court decisions that were instrumental in prohibiting the unilateral imposition of enrollment caps on all charter schools in Pennsylvania.
  • Represented the Chester Community Charter School in a nine-figure statutory funding dispute.

Risk Management and E-rate Compliance

Conrad O'Brien advises education management organizations, education vendors, and consultants on a broad range of compliance and litigation risks, often in connection with pending litigation involving our clients or related parties. Areas we cover include:

 

  • State Attorney General audits of financial activities and contractual relationships
  • Risk analysis arising from company operations, including the nature and structure of contracts, and interaction with school employees and trustees who are considered public officials under various state and federal laws

  • Recommendations for areas for compliance and best practices training

  • Federal Office of Inspector General audits
  • Special education and IDEA audits and disputes, and state and federal court litigation regarding those audits
  • State Department of Education and school district audits of operations and procedures

 

Conrad O’Brien represents technology service providers and consultants in litigation and compliance work relating to the sale of products and services to K–12 educational institutions under the federal E-rate program (Schools and Libraries Universal Service Support Mechanism). Conrad O’Brien can help companies establish or enhance their compliance programs by assessing company sales and marketing practices, developing policies and procedures, training employees and third parties, and planning and overseeing internal audits and reviews.