Education

Overview

School boards, superintendents, universities, and colleges face a variety of complex federal, state, and local laws and regulations when it comes to delivering high quality education and providing an excellent work environment where teachers and support staff can thrive. Whether facing administrative hearings, litigation or union bargaining, our team of experienced attorneys are prepared to resolve these and many other legal matters affecting the education profession. We provide legal counsel and support to school boards, superintendents, charter schools, and private and higher educational institutions throughout Florida.

We provide a unique and deep understanding of education law, as well as state and federal laws that affect school districts and their schools. In addition to working directly with school boards, our attorneys represent the Florida School Board Association and present regularly to the entire membership on a variety of legal issues affecting school boards. We are often asked to present at meetings and training sessions for the Florida Educational Negotiators.

We provide legal counsel and support to school boards, superintendents, charter schools, and private and higher educational institutions throughout Florida and have successfully resolved a variety of matters including:

Student expulsion hearings
ESE and IDEA matters
Administrative hearings including matters before the Division of Administrative Hearings and the Public Employee Relations Commission
Contractual matters
Real estate issues and transactions
Bid process and disputes
Construction
Tort litigation
Public records
Sunshine Laws
Handbook and policy review and drafting
EEO investigations
Employment litigation
Union-related matters including teacher terminations, collective bargaining, unfair labor practices and impasse hearings
Defense of Cyber bullying claims
First Amendment matters including litigation and general advice
OCR investigations

Defended 40 of the 67 school boards in the State of Florida against a federal employment class action in which plaintiffs alleged State scholarship program had disparate impact on teachers based upon race and age. Obtained dismissal of monetary damage claims against the school boards, limiting plaintiffs’ claims to injunctive and declaratory relief, and obtained plaintiffs’ withdrawal of class action allegations against the school boards.
Worked with numerous school boards in Florida to resolve collective bargaining issues pertaining to wages, hours and terms and conditions of employment.
Provided third party counsel when a school board and union have reached impasse during bargaining. Successfully resolved impasses through bargaining and final hearings.
Handled teacher suspension appeals at DOAH and before arbitrators.
Successfully resolved claims alleging race discrimination for nuisance value pre-trial.
Obtained defense verdict after a week-long jury trial of negligent supervision by elementary school staff and teachers involving alleged molestation of female students.
Represented school board and three teachers on various claims arising out of an alleged assault and battery on an ESE student. Reached favorable settlement for school board and teachers pending summary judgment motion.
Successfully resolved a significant pre-suit matter for school board involving a senior manager in a failure to promote claim.
Obtained summary judgment for a Florida school board in a large and contentious Americans with Disabilities Act claim.
Won Summary Judgment in a highly publicized First Amendment case.
Represented a teacher in an alleged battery and intentional infliction of emotional distress claim by an ESE student. Reached favorable settlement for teacher at mediation early in case.
Obtained an early dismissal on legal grounds in case by students seeking declaratory relief and damages for various tort claims including negligence and false imprisonment.
Obtained a defense verdict for a Florida state college in a federal lawsuit where Plaintiff alleged unlawful deprivation of her civil rights under both the American with Disabilities Act and the Florida Civil Rights Act.

Obtained a defense verdict for a Florida state college involving a race discrimination and hostile work environment claim.
Represented a state college in a gender discrimination and wrongful termination case.
Obtained a defense verdict for a community college in claims of religious discrimination.
Obtained a defense verdict for a state college involving whether Petitioner was entitled to Special Risk Classification as Chief of Police for the college police department.
Obtained a defense verdict for a state college in a declaratory action of whether or not Plaintiff qualified for exemption from payment of tuition and fees pursuant to Fla. Stat.§ 1009.25(f).
Frequently handle OCR (Office of Civil Right) investigations for colleges.
Conducted training for colleges related to Title II of the ADA and section 504 including direct threat assessment and the interactive process and drafted written policies and procedures.

Education

Overview

Attorneys

Fourth DCA: Florida Sunshine Law’s Strict Compliance vs Public Records Act Good Faith Exception

Florida’s New NIL Law Removes Potential Restrictions for Student-Athletes

In the Case of Public School Bathrooms: Separate Is Equal

Title IX: How Do Colleges and Universities Comply?

Florida Public Records Laws: Avoiding the Pitfalls and Mistakes that Lead to Expensive and Costly Litigation

First Amendment Wheel Doesn’t Stop Spinning: What Risk Managers Need to Know for the New School Year

Stranger Things Are Going On: Federal Judge Pulls Florida from First Amendment “Upside Down”

U.S. Supreme Court Okays Religious School Tuition Vouchers: Gives Official “Thumbs Up” to Florida’s School Choice Laws

Ding Dong! Lemon’s Dead: SCOTUS Clarifies Establishment Clause

Second DCA Finds School Board Investigative Communications Not Entitled to Attorney-Client Privilege: Provides Lifeline to District Employees

Education

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