Charter and Private Schools

The legal counsel charter schools and private schools need.

Ward and Smith attorneys have considerable experience representing charter schools, regional schools, and private schools across North and South Carolina on a wide range of legal issues.

The number of active charter schools in North and South Carolina has more than doubled since 2011, when the legislative cap was lifted, according to data from the Department of Public Instruction’s Office of Charter Schools.

Charter schools, private schools, and regional schools (which are similar to charter schools, but serve students across multiple counties) have legal needs unique to K-12 education. They also face many of the same challenges—such as legal issues with hiring, technology use, and real estate—that all business organizations face.

This variety of legal needs means charter schools are best served by attorneys who are experienced in education and general business law, or who have easy access to partners and associates with knowledge of those matters.

Comprehensive legal services

Ward and Smith lawyers can provide legal counsel and representation to schools at any stage of maturity, from new schools to well-established institutions.

 For new schools, Ward and Smith attorneys can:

• Assist with licensing and submissions to regulators, such as the Office of Charter Schools
• Help craft bylaws and operational policies to ensure strong governance
• Assist in drafting employee policies and student handbooks
• Prepare leases for school buildings or otherwise assist with the school development process

Protecting Student Privacy in a Tech-Driven World

Our lawyers understand the legal and social context in which charter and private schools operate. For example, as technology has become more important in the classroom, all schools are facing new questions and challenges related to protecting their students’ privacy.

Two Ward and Smith attorneys are certified by the International Association of Privacy Professionals as Certified Information Privacy Professionals for the United States. The technology and privacy-related services our lawyers provide advice on include: 

• Matters related to the Children’s Online Privacy Protection Act (COPPA)
• Matters related to the Federal Educational Rights and Privacy Act (FERPA)
• Issues that arise as schools integrate more technology into their curricula

Our attorneys also have extensive experience in a wide range of business law issues, having handled many issues at the state and federal levels. Ward and Smith is a multi-specialty law firm with a strong culture of attorneys working together to maximize the value and impact of our services.

If one attorney is not familiar with a particular issue, there’s often someone just down the hallway, or a phone call away in another office, who can assist.  For charter and private K-12 schools, some of the issues that Ward and Smith advises on include: 

• Real estate law, including issues related to buying, selling, leasing, financing, and protecting real estate of all kinds.
• Employment law and human resources issues, including hiring and terminations.
• Public record production requirements for charter schools.
• Technology platform privacy issues.

Ready When Disputes Arise

Finally, Ward and Smith attorneys have extensive experience dealing with conflicts and litigation. Those services include: 

• Handling litigation and potential litigation of all kinds.
• Providing clients with training and other risk mitigation best practices to reduce the need for court fights.
• Managing internal investigations, including whistleblower matters.

Our lawyers understand that charter schools, private schools, and regional schools seek to provide high-quality education, foster an engaged workforce, run efficient organizations, and be responsible stewards of public and private funds. 

The work of Ward and Smith’s charter and private school practice group is a natural extension of our lawyers’ passion for education. Some of our attorneys have children in charter schools and private schools, and our attorneys also have served on the boards of those organizations. 

We know the value that choice in K-12 education provides to our communities, and we’re committed to helping strengthen the charter and private schools that provide it.