Members of the Education and Public Law Practice Group have extensive experience representing public education institutions including small and large independent school districts and community college systems, in addition to education-related entities such as county departments of education, regional service centers, and the Texas Association of School Boards Legal Assistance Fund.

Because they manage a broad range of business functions, from human resources to real estate and asset management, today’s educational institutions face similar business and legal challenges as large corporations. Members of the Education and Public Law Group understand these challenges and can help educational institutions meet their objectives quickly and cost effectively.

Our legal services address all areas of administration and operation including:

Education-related Services – providing counseling and litigation services to school districts and other education entities on issues involving students, employees, governance (public information, open meetings, board member rights and responsibilities), elections (Voting Rights Act compliance and the defense of challenges to at-large electoral systems), facilities, purchasing, technology, community-wide controversies, and contract review.

Transactional and Intellectual Property – negotiating and documenting real estate transactions, software and hardware contracts, hedge contracts, energy savings performance contracts, contractor and architect contracts, income tax and other foundation and profit/non-profit entity issues, interlocal agreements and cooperatives, and securing and providing advice on trademarks, copyrights, and intellectual property issues.

Employment Law and Employee Benefits – complying with employment laws, including the Americans with Disability Act (“ADA”), Family Medical Leave Act (“FMLA”), Fair Labor Standards Act (“FLSA”), Insurance Code, and on the full range of employee benefit plans offered by school districts, including Section 403(b) plans, Section 457(b) plans, cafeteria plans, fully-insured and self-funded group health plans, Health Savings Accounts (“HSA”), and COBRA coverage.

Public Utilities – assisting in exploring energy options and service contracts and advising on utility law matters.

Insurance/Health Care – assisting in evaluating and negotiating insurance and health care plans.

Litigation/Appellate – representing clients in general litigation and in litigation involving construction, insurance, employment law issues, government immunity, Section 1983, federal and state constitutional issues, and statutory and general litigation.

Legislative and Government Relations – monitoring legislative and agency activities.

Within these areas, our representative experience includes:

• Representing school district in lawsuit against the Attorney General of Texas to allow the district to adopt higher tax rate. Representation included filing of amicus curiae brief with Supreme Court of Texas.
• Representing school district in state-created danger case before U.S. District Court and the Fifth Circuit Court of Appeals, resulting in no school district liability.
• Representing education entity for energy savings performance contracts and hedge program for full cooperatives involving energy swap with bank.
• Assisting school districts in disputes involving the termination and resignation of employees and in filing reports with SBEC.
• Representing school districts in teacher termination hearings before independent hearing examiners, in nonrenewal hearings and in appeals before the Commissioner of Education.
• Counseling clients and handling litigation of federal and state educational issues, including Section 504 and ADA, sexual harassment, special education (Individuals with Disabilities Education Act), student discipline, student rights (including Title IX), student records, Family Educational Rights and Privacy Act (“FERPA”) and parental rights.
• Counseling clients and handling litigation concerning hiring, leave issues (including FMLA), evaluations, discipline, reductions in-force, nonrenewals, terminations, employee grievances, Title VII issues and wage and hour laws (including Fair Labor Standards Act).
• Representing school districts and other educational institutions on issues involving discrimination and retaliation charges before the Equal Employment Opportunity Commission (“EEOC”) and the Texas Workforce Commission.
• Counseling school districts in negotiation of interlocal cooperation contracts, including agreements with community colleges, charter schools, and the like.
• Representing several major school districts in acquisition of property, construction contracts, construction, and opening of numerous school and related facilities to meet needs of rapidly-growing school districts.
• Representing school districts in breach of contract, breach of warranty and Deceptive Trade Practices Consumer Protection Act (“DTPA”) and Insurance Code lawsuits to recover large property damages/losses against material suppliers and insurance companies.
• Assisting school districts in revision of Section 403(b) plan documents and reviewed and drafted Information Sharing Agreements to comply with Internal Revenue Code Section 403(b) final regulations.
• Assisting independent school district in preparing Request for Proposals for recordkeeping and administrative services for Section 403(b) and Section 457(b) plans.
• Negotiating and revising agreements between independent school districts and third party administrators for recordkeeping and administrative services of Section 403(b) and Section 457(b) plans.
• Revising cafeteria plan for independent school district to comply with proposed Section 125 regulations.
• Advising independent school districts on Internal Revenue Code Section 409A and annualized salaries.