State Sues Unlicensed Law School, Irony Ensues
by
Joseph C. Maya on Apr. 24, 2017
Other Education Government State and Local Lawsuit & Dispute Lawsuit
Summary: Blog post about the state suing an unlicensed law school but were unable to prove that it was operating as an institution of higher education.
If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100 .
In the case of State ex rel. Commissioner for Higher Education v. Wethersfield School of Law, Inc., a university appealed the decision of a superior court to grant the State summary judgment. The State sought to prevent the university from operating a school of law until it had complied with all provisions specified by Connecticut law.
The university admitted that part of its corporate purpose as stated in its certificate of incorporation was to operate a law school and to confer related degrees. The state filed an action to enjoin the university from operating as such a school because it had not complied with the provisions of Connecticut law governing the licensure for such schools. The university argued that it had not actually conferred any degrees through its law school and that it was not in violation of the statute. The state filed a motion for summary judgment, which was granted. The university appealed the award of summary judgment. The court held that whether the university was actually operating as an institution of higher learning with respect to legal education, which would violate Connecticut law, was an issue of fact, and the award of summary judgment was therefore improper.
The court held that the entry of an injunction prohibiting the operation of a school required that the university be actually operating as such a school. “The [university], as a matter of law, cannot be classified as an "institution of higher learning" as defined [Connecticut law] because, admittedly, it was not ‘licensed or accredited to offer one or more programs of higher learning leading to one or more degrees” said the court. “This leaves the [State] with the burden of proving that the [university] was operating a ‘program of higher learning’ which is defined as ‘any course of instruction for which it is stated or implied that college or university-level credit may be given or may be received by transfer."
If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: State ex rel. Commissioner for Higher Education v. Wethersfield School of Law, Inc., 169 Conn. 171, 362 A.2d 1371, 1975 Conn. LEXIS 810 (Conn. 1975)
