Education

The attorneys of FordHarrison’s Education Practice Group partner with human resources personnel, in-house counsel, and members of the Office of the Provost/Chief Academic Officer at a wide variety of educational institutions across the country to resolve labor and employment issues that could cause unrest amongst faculty and staff and disrupt the quality of student services. While educational institutions face a number of employee relations issues common to any business, we understand that added complications due to governmental regulation, the scrutiny of students and parents, and public perception make it imperative that every effort be made to resolve problems swiftly and fairly. Additionally, we stress the importance of implementing policies and procedures that protect the institution and lessen the potential for future workforce disputes.

Our experience with the full range of legal issues faced by the education sector includes, but is not limited to:

• Administrative agency, trial, and appellate litigation
• Affirmative action and OFCCP compliance
• Affordable Care Act
• Board guidance and training
• Civil rights matters
• Compliance with Sec. 504 of the Rehabilitation Act and the Individuals with Disabilities in Education Act
• Due process hearings
• Employee benefits
• Employee and student discipline
• Employment contracts
• FLSA (Fair Labor Standards Act) compliance, wage/hour disputes and litigation
• General advice and counsel
• Governance
• Immigration and I-9 compliance
• Independent contractor analysis
• Internal investigations
• Labor relations including collective bargaining, union organizing campaigns, arbitrations and unfair labor practice issues
• Leaves of absence
• Regulatory matters
• Special education
• Student and staff handbook development and review
• Title IX
• Training for employees, faculty, and staff on topics that include EEO, harassment, retaliation, and diversity, among others

Representative Matters

• Conducted an independent investigation on behalf of a large public school district into alleged wrongdoing by the Superintendent and certain school leaders
• Represented educational institutions (including public and private institutions of higher education, public school system, private K-12 institution, public charter schools) in lawsuits and administrative agency proceedings, alleging claims such as discrimination, wrongful discharge, violation of first amendment rights, defamation, due process violations, and other employment related claims brought by faculty, teachers, and staff
• Represented a public institution of higher education in claims brought by former students alleging discrimination and other torts 
• Represented a public institution of higher education in unfair labor practice proceedings
• Provided advice and counsel for public charter schools, including review and revision of employee handbooks, offer letters and vendor agreements, and guidance on open records act and open meetings act
• Represented public institution of higher education in grievance arbitration involving faculty and staff on matters concerning, among other things, termination, bumping, contracting out of work
• Advised and counseled educational institution clients on student discipline issues in the special education context for public charter schools
• Provided Board training on corporate governance issues for public charter schools
• Provided guidance and represented institutions of higher education with student misconduct issues
• Represented a public institution of higher education in collective bargaining with its faculty union, including binding interest arbitration
• Defended a county school district in a Title IX lawsuit involving sexual abuse issues