Education Law

Every stage of the educational process matters. So does having the right legal partner.

From community colleges and research universities to private K-12 schools, vocational programs, and corporate training providers, educational institutions operate in a uniquely demanding legal environment. They serve students, employ large and varied workforces, manage complex real estate and construction programs, handle sensitive data, and answer to multiple layers of federal and state oversight, all while pursuing an educational mission.

Ward and Smith has served North Carolina educational institutions of every kind for decades, building one of the most comprehensive education law practices in the state. Our team includes attorneys with deep experience in employment and labor law, intellectual property, government relations, construction, real estate, governance, and litigation, giving educational clients access to integrated counsel across the full range of issues they face.

Institutions we serve include:

• Community colleges and technical institutes
• Public and private universities and research institutions
• Elementary and secondary schools: public, private, and charter
• Vocational and trade schools
• Corporate training and professional continuing education programs
• Entrepreneur education programs

Our education law services include:

Governance and Operations

We advise boards of trustees and management committees on governance matters, help draft and update bylaws, policies, and procedures, and counsel institutions on compliance with applicable state and federal law. We assist with presidential and executive searches and provide guidance on conflict-of-interest policies, open meetings requirements, and public records obligations.

Employment and Labor

Educational institutions face the full spectrum of employment law challenges, often with the added complexity of public employment, faculty tenure, and academic freedom. Our Board Certified Specialists in Employment Law counsel clients on discrimination and harassment prevention, wage and hour compliance, Title VII and the Equal Pay Act, personnel policies, disciplinary actions and appeals, and representation before state and federal agencies and courts.

Construction and Real Estate

We have extensive experience guiding campus expansions, building projects, and land acquisitions for educational clients, including negotiating construction contracts, resolving disputes, and handling condemnation proceedings.

Intellectual Property

Our IP attorneys provide comprehensive services to colleges, universities, and research institutions, including trademark and copyright registration, patent applications and prosecution, technology licensing and transfer, and protection of research and spin-off company assets.

Student and Regulatory Matters

We assist with FERPA compliance, student records policies, campus security policy, accreditation matters, admissions procedures, student organization governance, and representation before the U.S. Department of Education’s Office of Civil Rights.

Advocacy for Individual Educators

We also represent individual faculty members, administrators, coaches, and athletic directors in employment matters, including contract review, tenure disputes, disciplinary proceedings, and severance negotiations.