Our two offices, located in Southern California, provide easy access to schools throughout California. Our attorneys can respond to client requests quickly and cost-effectively, including on-site investigations, pressing employment and personnel matters, urgent parent and student issues as well as court or administrative hearing appearances.
New Schools, Renewals, Material Revisions, Revocation Defense and Appeals
If you are in the process of submitting a new charter school petition, facing a renewal, material revision or revocation, then we can assist you to ensure your petition is legally compliant. We can also represent the school throughout the process to ensure your rights are protected and vigorously defended.
Mediation, Arbitration, Litigation, Administrative Hearings
Litigation is a lawsuit to be decided in court before a judge or jury. Litigation can be intimidating and risky. In some situations, however, litigation is the only choice to resolve a dispute that has otherwise reached a stalemate. At HK School Law, we have helped charter schools and their subsidiary entities manage litigation cost-effectively, with an eye toward smart solutions.
Alternative dispute resolution procedures can allow litigants to settle claims more efficiently and cost-effectively than full-blown litigation. On average, mediation and arbitration, two popular forms of ADR, can results in costs that are at least 15% or 25% of the costs associated with trial by jury. Agreements reached through arbitration can be binding and enforceable in court, making the resolution as effective as if it were the result of a jury or bench trial. ADR is often required contractually for this, and many other reasons.
At HK School Law, we can assist you with all aspects of appellate practice including such matters as:
Financing, Acquisition, Construction, Real Property Siting and Development, Disregarded Entities and SB 740 Compliance
We are proud that our firm has helped secure over $75 million of private facilities financing for charter schools, and we have worked to establish a proven track record of Proposition 39 facilities and in lieu of agreements, as well as state-funded facilities applications.
Tax-exempt 501(c)(3) organizations can manage real estate holdings through a subsidiary 501(c)(2) title-holding corporation. Such an entity provides a tax-free means of managing and protecting real estate and other assets, while maintaining tax-exempt status. If your charter school is interested in purchasing real property, we would advise the school to seek the advice of legal counsel to structure a tax-exempt holding corporation properly. Single-member LLCs are the most common type of disregarded entity for charter school operators.
We can help you structure an effective and nimble non-profit corporate holding structure to maximize efficiencies across the charter school supply chain. Properly organized CMOs can assist with fundraising, data management, human resources, IT and data aggregation, finance and accounting, marketing and communications, performance management, real estate and facilities, recruitment and special projects.
Suspensions, Expulsions, Student and Parent Dispute Resolution, Policy Development, Legal Opinions
HK School Law is a member of the Education Law Association, a national, nonprofit member association offering unbiased information to its professional members about current legal issues affecting education and the rights of those involved in education in both public and private K-12 schools, universities, and colleges.
Due Process Hearings, Policy Development, CDE/OCR Complaint Defense, SELPA Membership
At HK School Law, we provide representation exclusively to charter schools on special education matters. While many charter schools participate in SELPAs as “arms of the District,” an increasing number of charters are choosing to join SELPAs as independent LEAS. Under such circumstances, the charter school is entirely responsible for providing its own defense in special education disputes or for proferring as a complainant in a due process hearing.
Subsidiaries, Foundations, Formation, Mergers, Dissolution, Tax-Exempt Status, Suspension Resolution
Charitable, tax-exempt foundations are nonprofit organizations that can greatly benefit the fund-raising capacity of a charter school. Foundations are typically organized for the purpose of donating funds and support to the parent charter school. We can offer guidance and support for the creation and ongoing operation of a charitable foundation designed to support a charter school.
WASC and other Third Party Compliance Reviews
Mr. Hansberger has served as a WASC visiting committee member for many years and continues his service assisting schools with compliance and accountability during third-party accreditation reviews.
Discrimination Claims, Labor Claims, Wage and Hour Violations
Employment law governs the employer-employee relationship, including individual employment contracts, the application of tort and contract doctrines, and a large group of statutory regulation on issues such as the right to organize and negotiate collective bargaining agreements, protection from discrimination, wages and hours, and health and safety.
Brown Act, Public Reform Act, Special Education, Conflicts of Interest
We are pleased to announce the launch of our new training web site, SchoolLawTraining.com. We offer online training courses in Brown Act compliance and Sexual Harassment and Abusive Conduct Training for Supervisors/Managers, and we will be offering many other online courses in the near future.