Why Florida Private Schools Benefit from Outside General Counsel (2025 Governance & Operations Playbook)
Running a private school in Florida is a full-time balancing act—mission, academics, enrollment, tuition, fundraising, facilities, student safety, data privacy, employment, and vendor contracts. Even with a strong Head of School and Business Office, legal issues surface weekly. That’s why many boards and heads retain
Outside General Counsel (OGC): a business attorney on call who understands independent and parochial school operations and turns law into
checklists, templates, and negotiations your team can actually use.
I’m Attorney Yoel Molina. This guide explains how OGC services support Florida private schools—independent, faith-based, Montessori, language-immersion, arts/athletics academies—with a practical focus on Miami-Dade. You’ll find the highest-impact legal areas, a 90-day rollout, and KPIs to prove ROI.
What “Outside General Counsel” Looks Like for a Private School
OGC functions like your part-time legal department. We attend key board or leadership meetings, answer time-sensitive questions in plain English, and keep your governance documents, contracts, and compliance calendar
current and actionable—so educators can focus on students.
Core objectives
-
Protect academics and revenue (clean enrollment contracts, disciplined collections, predictable vendor/landlord terms).
-
Prevent incidents (student safety, data/privacy, employment, and field-trip/transportation protocols).
-
Speed decisions (plain-English guidance and ready-to-use templates).
-
Align promises and coverage (your contracts and policies match your insurance).
12 High-Impact Areas Where General Counsel Adds Value
1) Governance & Board Practices
-
Update
bylaws, conflict-of-interest/ethics policies, committee charters, and board onboarding.
-
Board agendas/minutes discipline; document retention and public communications guardrails.
-
Head of School and CFO/Business Office delegations; signature authority and spending thresholds.
Outcome: smoother leadership decisions and fewer governance surprises.
2) Enrollment Contracts, Tuition & Financial Policies
-
Modern
enrollment agreements with clear payment schedules, late fees, interest,
withdrawal/early termination, force majeure, and dispute resolution.
-
Collections playbook that pairs contract rights with step-by-step procedures (reminders → demand letters → escalation).
-
Tuition insurance disclosures and refund policies that match processor/card-brand standards.
Outcome: predictable cash flow and fewer tuition disputes.
3) Student & Family Handbooks (Behavior, Discipline, Technology)
-
Clarify
student conduct, bullying/harassment, academic integrity, activity eligibility, and appeal paths consistent with your philosophy.
-
Device/BYOD, acceptable use, social media, and classroom technology rules.
-
Parent conduct & communication standards; volunteer expectations.
Outcome: consistent expectations and fewer contentious escalations.
4) Privacy & Data (School Systems, Websites, Apps)
-
Map student data flows across SIS/LMS, email, texting, learning apps, portals, and marketing tools.
-
Vendor
Data Processing Addenda (security standards, sub-processors, breach notice clocks, deletion/return of data).
-
Website
Terms of Use and
Privacy Policy tailored to analytics, cookies, forms, and
COPPA considerations for under-13 online interactions.
-
Directory information and photo/media consent practices; procedures for records requests and subpoenas.
Outcome: fewer privacy incidents and faster responses to parent and third-party requests.
Note: FERPA generally applies to public schools and certain federally funded institutions; many private schools adopt FERPA-like practices by policy. We’ll design a privacy regime that fits your setting and funders.
5) Student Safety, Field Trips & Transportation
-
Comprehensive
field-trip packets: permission, risks, medical info, meds administration authority, emergency contacts, and vendor/transport releases.
-
Transportation contracts (buses/charters) with safety, routing, driver screening, incident procedures, and insurance requirements.
-
After-school activities, athletics, and off-campus events: supervision ratios, concussion/heat protocols, and incident logs.
Outcome: safer experiences and defensible documentation.
6) Health, Medical Forms & Accommodations
-
Annual
health forms, medication storage/administration, allergy/anaphylaxis plans, and communicable disease protocols.
-
ADA/504-style accommodations playbook (even where not strictly required by law) consistent with your mission and resources.
-
Staff training on confidentiality and escalation.
Outcome: appropriate support for students and reduced dispute risk.
7) Employment & HR Hygiene
-
Offers and
employment agreements (where used), concise
employee handbook (timekeeping, leave, harassment, social media, confidentiality, outside work/volunteering, device use).
-
Proper
exempt/non-exempt classifications, overtime practices, and stipend/coach arrangements.
-
Separation checklists (property return, system deprovisioning, confidentiality reminders, final pay).
-
Volunteer policies and background screening alignment with applicable standards.
Outcome: fewer HR claims and smoother hiring/exits.
8) Vendor, SaaS & Facilities Contracts
-
Standard
MSAs, RFP/RFQ templates, and school-friendly terms for technology, curriculum, photography/yearbook, security, custodial, cafeteria, and transportation.
-
Service levels, downtime credits,
breach notice, data ownership/export, and transition assistance.
-
Balanced indemnities and
liability caps aligned to your insurance.
Outcome: reliable operations and leverage when something breaks.
9) Real Estate, Leases & Campus Services
-
Leases with
build-out, maintenance, CAM reconciliation, signage, parking, drop-off/pick-up logistics, ADA, and landlord access protocols.
-
Insurance clauses—
Additional Insured, Primary/Non-Contributory, Waiver of Subrogation—matched to policy endorsements (avoid uninsured promises).
-
For owned facilities: vendor and construction agreements with milestone payments, lien waivers, and delay remedies.
Outcome: campuses that work for instruction without hidden liabilities.
10) Fundraising, Donations & Sponsorships
-
Gift acceptance policies; documentation for
donations, sponsorships, and in-kind gifts; recognition/naming rights; restricted funds tracking.
-
Event/auction rules, alcohol service considerations (if applicable), and raffle/sweepstakes compliance.
Outcome: dollars that stick and clean audits.
11) Marketing, Communications & Reputation
-
Website and social content review (truth-in-advertising for outcomes, scholarships, rankings, and college placement claims).
-
Media response SOPs, crisis communications, and social-media monitoring boundaries.
-
Consistent bilingual (English/Español) parent communications in Miami-Dade.
Outcome: clear messaging that builds trust and reduces complaint risk.
12) Insurance Alignment with Real-World Risk
-
Match contracts (leases, buses, vendors) to policy endorsements: GL, EDU-E&O/D&O, EPLI, cyber, abuse/molestation coverage, and umbrella.
-
Certificate tracking, renewal calendars, and claim-notice SOPs.
Outcome: no gaps between what you promised and what your policies cover.
A 90-Day General Counsel Plan for Private Schools
Days 1–15: Baseline & Quick Wins
-
Leadership/Board huddle to identify Top 5 risks (impact on academics, finances, reputation).
-
Ship updates to
enrollment contract, tuition/collections policy, and parent/student handbooks (conduct, tech, communications).
-
Patch high-risk
vendor contracts (data security, breach notice, transition help).
-
Confirm
insurance endorsements match lease and vendor demands; issue updated COIs.
Days 16–45: Institutionalize
-
Load approved
templates: vendor MSAs/RFPs, DPAs, employment docs, volunteer/background screening forms, field-trip packets, transportation agreements, parent letters (English/Español), website Terms/Privacy.
-
Publish a
compliance calendar (license renewals, drills, audits, board cycles, fundraising events).
-
Run
60-minute trainings for administrators on: (1) contracts 101, (2) privacy/data requests, and (3) incident reporting & crisis comms.
Days 46–90: Measure & Optimize
-
Track
KPIs (below) and close any audit/findings.
-
Tabletop drills:
data incident,
transport/field-trip emergency, and
media inquiry.
-
Prepare a
readiness binder for re-accreditation/inspection: policies, contracts, insurance, trainings, acknowledgments.
KPIs That Prove Legal ROI
-
Cash/Enrollment: % signed enrollment contracts by deadline; DSO on tuition; disputes resolved without chargebacks.
-
Privacy: # of records/consent requests closed on time; zero reportable privacy incidents.
-
HR: policy acknowledgment completion; time-to-close HR matters; hiring/back-grounding on schedule.
-
Safety/Trips: trip packet completion rate; incident closure times; transportation vendor compliance checks.
-
Contracts: median days from vendor selection to executed MSA; % of contracts with data-security & breach-notice clauses.
-
Insurance/Facilities: % of leases and major contracts aligned with endorsements; number of uninsured gaps = 0.
FAQs from Private School Leaders
Do you replace our Business Office or compliance staff? No—we
partner with your leadership, CPA/auditor, broker, and IT/security. OGC converts legal obligations into usable playbooks and checks alignment across functions.
We already use association templates—are they enough? Great starting point. We tailor them to your operations, vendors, and insurance, and translate rights into
step-by-step procedures your team can follow.
Can you support bilingual communications? Yes. We prepare
English/Español versions for family-facing policies, website notices, and parent letters—critical in Miami-Dade.
Bottom Line
Private schools succeed with
clarity, consistency, and care. Outside General Counsel gives your board and leadership faster decisions, cleaner contracts, disciplined tuition/collections, tight privacy and safety practices, and calm pathways through audits and crises—so teachers can teach and students can thrive.
For General Counsel services tailored to your private school—governance, enrollment/tuition, student safety & trips, data privacy, HR, vendors/transport, facilities/leases, fundraising, and dispute prevention—contact Attorney Yoel Molina at
admin@molawoffice.com, call
(305) 548-5020 (Option 1), or WhatsApp
(305) 349-3637.