Appeals and Litigation. Our firm has been at the forefront of charter school appeals, litigation and controversies since the inception of the Colorado charter school movement. Greg Kanan, one of our senior trial attorneys, successfully prosecuted the Thurgood Marshall case all the way to the Colorado Supreme Court, creating the landmark precedent validating charter schools in Colorado. We have represented several charter schools in charter application appeals to the State Board of Education, and our firm pursued the first charter school mediation that resulted in the establishment of a charter school.

 Charter School Contracts. Our attorneys have represented charter schools before numerous districts, and have helped negotiate satisfactory charter school contracts and necessary and desirable waivers. We are experienced with the funding alternatives under charter school contracts, as well as the rules and issues surrounding school district administrative fees.

Formation and Organization. We have helped our clients form charter schools, and we are familiar with the incorporation, governance, procedural requirements (both under the Colorado Nonprofit Corporation Act and the Colorado Open Meetings Law) applicable to charter schools.

 Taxation. We know the tax issues and alternatives in connection with charter school tax-exempt status, filings with and dealing with the Internal Revenue Service, and multi-corporate structures that may be applicable to charter schools.

Employment Matters. Our attorneys have represented charter schools in connection with employment matters, dismissals, due process review (where required), public disclosure and confidentiality matters in connection with charter school employees and staff.

Property and Asset Matters. Our real estate attorneys have advised charter schools with respect to leases, real property review and acquisition and planning issues.

Contracts. Our firm has represented charter schools in a variety of contractual matters, including TABOR leasing of equipment, provider contracts, and contracts with charter school curriculum or management companies. We are also familiar with integrating charter school management contracts into the other issues facing charter schools, including the explanation of charter school management contracts to the Internal Revenue Service in connection with exemption applications, TABOR and other state law issues with respect to charter school management contracts, and the relationship of contracts to school district charter contracts and agreements.

Financing. We have served as borrower's counsel for charter schools engaged in facilities financing. We have advised charter schools on the use of separate corporations and a building corporation for bond financing, the rules of approaching school districts for inclusion in school district bond financing, and alternatives for financing through the Colorado Educational and Cultural Facilities Authority, including the requirements to qualify for State of Colorado moral obligation bond financing.

First Amendment. As public schools, charter schools and their employees have constitutional rights and obligations under the Speech and Religious Clauses of the First Amendment to the United States Constitution as well as the Colorado Constitution. We have advised charter schools regarding their constitutional duties in such areas as school newspapers, student and faculty speech (including symbolic speech, like clothing), prayer in school, graduation ceremonies, teaching evolution/creationism, equal access to school buildings, religious holidays, Christmas/holiday music concerts, or political activities by teachers or students.

PRIMARY CONTACT
Eric V. Hall

ATTORNEYS
Tamara F. Goodlette
Eric V. Hall
David P. Kunstle
H. William Mahaffey
Theresa Lynn Sidebotham