K-12 Education

We know educational institutions rely upon timely legal advice to ensure they remain focused on providing the highest-quality educational and working environments for their students and staff. Our attorneys’ active, “hands on” approach has earned them the reputation as a responsive and trusted partner to over 130 educational institution clients throughout the state that routinely look to Harris Beach for practical and insightful legal counsel on matters regarding their operations, employees and students.

Harris Beach attorneys work with superintendents, board presidents, boards of education, and administrators on a diverse set of legal challenges ranging from student discipline and academic affairs, to budgeting and governance, to collective bargaining agreements and employee discipline/termination. Our education law attorneys also work closely with attorneys in other legal fields to provide advice and representation in specialized areas such as finance and bonding, construction, real estate transactions, tax certiorari matters and environmental litigation.

Board Meeting Issues/FOIL

Harris Beach attorneys regularly provide legal advice and guidance on board meeting procedural issues such as board powers, board relations, the Open Meetings Law and the Freedom of Information Law.

Communications and Media Relations

Harris Beach also serves educational institutions as a resource for effective communications strategies for crisis or highly controversial situations or challenging communications issues. Our media relations support includes consultations between clients, firm attorneys and firm communications/public relations professionals.

Constitutional Issues

Harris Beach attorneys advise and represent our educational institutions clients on New York state and United States constitutional issues, including free speech, religious freedom, due process, equal protection and search & seizure as they affect both students and employees.

Discharge/Discipline of Employees

Our attorneys offer legal counsel and representation regarding the rules and regulations for discipline and discharge of employees in the private and public sectors, including issues arising under the Education and Civil Service Laws.

District Meetings/Budgets

Our attorneys assist school district clients in meeting the myriad obligations in Education Law and Commissioner’s regulations as well as decisions for the preparation and adoption of budgets and holding of district meetings. Our representation includes defense of challenges in these areas before the Commissioner of Education and in the courts.

Employment and Discrimination Laws

We represent education clients in federal and state courts and before federal and state administrative agencies in employment discrimination, wage/hour, and constitutional and wrongful discharge matters. Our attorneys have extensive trial and jury experience with all types of discrimination matters, including age, gender, sex, sexual harassment, national origin, race, religion, disability and Section 504 matters.

Endowments

Harris Beach provides counsel to educational institutions as the recipients of endowments and trusts. We provide endowment reviews to ensure that maximum funds are available for use, and we counsel clients on the laws concerning use and spending of endowment, quasi-endowment, charitable trusts, support foundations and other restricted funds.

Environmental Matters – SEQRA and Litigation

For projects requiring environmental review, we counsel educational institutions and public clients on implementation of New York State Environmental Quality Review Act (SEQRA) requirements. We also litigate claims related to SEQRA compliance, including prosecuting and defending Article 78 actions that relate to zoning issues.

Finance/Bonds

Harris Beach attorneys have extensive experience with all types of municipal finance transactions. Firm attorneys regularly serve as bond counsel and underwriters’ counsel on financings for colleges, private not-for-profit schools, library systems and educational facilities for developmentally disabled children. These financings are often secured by state, local school district or other third-party reimbursement revenue streams. Our firm is listed as a recognized bond counsel firm in the “Municipal Bond Attorneys” section of “The Bond Buyer’s Municipal Marketplace” (commonly known as the “Red Book”) for educational institutions and provides counsel in all matters regarding their financial and legal obligations, including Payment in Lieu of Taxes (PILOT) financing and tax certiorari advice.

Intellectual Property

Our attorneys handle all aspects of patent, copyright, and trademark protection both in the United States and worldwide for a variety of clients from industrial and consumer manufacturers to educational institutions. We have extensive experience in ensuring that our clients’ ideas and inventions are fully protected under US and international laws. We also advise our clients on establishing patent, work-for-hire, and non-competition agreements with employees responsible for research and development, and we regularly handle licensing agreements for educational institutions.

Negotiations and Collective Bargaining Agreements

Our attorneys have considerable experience negotiating collective bargaining agreements between our education clients and unions. Our attorneys advise clients regarding administration of collective bargaining agreements, represent employers in arbitration hearings and appear on behalf of employers at all levels of the court system, as well as counsel and represent our clients in all matters arising under the New York State Taylor Law or the National Labor Relations Act. We also negotiate, draft and review individual employment contracts for our education clients.

Preventative Policies/Personnel Training

We provide preventive legal advice and training on employment and education-related issues, including sexual harassment, disability discrimination and/or accommodation, administrator/supervisor training, employee evaluation and discipline, student discipline and CSE matters. Training is provided to board members, administrators, staff and students.

Real Property Valuation Litigation

School Construction and Renovation Issues

Our attorneys have assisted educational institutions in obtaining required permits for school construction and renovation projects and preparing and reviewing construction/architect contracts, and we advise educational institutions regarding the bidding process. We also represent educational institutions in the event of difficulties with, and litigation resulting from, construction projects.

Special Education

Harris Beach counsel on special education issues encompasses the Federal Individuals with Disabilities Education Act (IDEA), the Federal Rehabilitation Act (Section 504), the Federal Americans with Disabilities Act (ADA), New York State Education Law (including Article 89 and the Part 200 Regulations), and rulings under state and federal court decisions. We provide services to assist districts in responding to, and defending against, both informal and formal complaints from parents and investigations and audits by the New York State Education Department and the United States Department of Education Office for Civil Rights.

We provide advice both proactively and reactively before, during, and after due process impartial hearings, State Review Officer proceedings and civil litigation. Harris Beach special education attorneys have extensive experience in representing school districts in due process hearings and appeals. Our special education services include assistance with Individualized Education Program(IEP) issues, advice concerning procedural requirements, and staff training and policy development.

Strategic Alliances

We can help educational institutions and start-up ventures negotiate strategic alliances with partners that can provide marketing services, development funding, licenses to needed technology and often equity capital. We help initiate joint ventures. We advise clients on setting up strategic alliances for the purposes of marketing and/or global distribution strategies and handle licensing arrangements and equity and technology exchange agreements.

Student Issues

We represent our education clients in all matters regarding student issues. Harris Beach has extensive experience with the requirements under federal and state statutes, as well as with Commissioner Regulations and determinations with respect to students, including: residency, student records (FERPA), Title IX, constitutional issues under the First and Fourth Amendments, student discipline, the education and rights of children with disabilities or Section 504 plans.

Teacher Certification and Tenure Issues

Harris Beach attorneys provide legal support and counsel to education clients regarding tenure and certification laws and regulations, including issues such as program takeovers and tuitioning. We also advise as to tenure matters at post-secondary institutions.

Title IX Compliance

Defended public school district in an impartial due process hearing in which the parents of a student with a disability sought tuition reimbursement for placing their child in a specialized private school. Claim against the district dismissed in its entirety.
Represented public school district with respect to a complaint filed with the United States Department of Education’s Office for Civil Rights alleging that the district failed to provide appropriate services and accommodations to a student with a disability. Complaint against the district dismissed in its entirety.
Defended public school district in an appeal to the New York State Commissioner of Education challenging the district’s determination that a student no longer resided within the district’s geographic boundaries. Appeal against the district dismissed in its entirety.
Represented public school district in its appeal to the New York State Department of Education’s Office of State Review challenging the findings of an impartial hearing officer with respect to the appropriateness of a student with a disability’s program and placement. District’s appeal granted in its entirety.
Defended public school district with respect to a complaint filed with the New York State Division of Human Rights alleging that the district discriminated against a student based on his disability. Complaint against the district dismissed in its entirety.
Three simultaneous New York State Division of Human Rights complaints brought against non-profit organization alleging racial discrimination and retaliation. Complaints each dismissed by New York State Division of Human Rights with determinations that no probable cause exists to believe that discrimination or retaliation occurred.
New York State Department of Labor audit following employee complaint against private sector company alleging multiple violations of wage and hour laws and New York State Wage Orders. Case dismissed and audit concluded with no penalties assessed by New York State Department of Labor.
Grievance arbitration related to relative seniority of members of the teachers’ union and alleged provision of instructional support services. Arbitrator determined that District did not violate collective bargaining agreement. Grievance denied.
New York Education Law Section 3020-a due process proceeding brought by a public school district against a teacher for inappropriate communications and body language with and/or in the presence of students and disclosing confidential student information in violation of the Family Educational Rights and Privacy Act. Employment terminated.
Parent appeal to Commissioner of Education challenging school district’s suspension of student due to singing a racially offensive song while in school and on a school bus. Appeal dismissed in favor of school district.
Successful Resolution to Complaint filed by U.S. Department of Justice regarding website accessibility of employer’s website.
(NY Appellate Division): Obtained unanimous reversal of Unemployment Insurance Appeal Board thereby requiring employee suspended without pay to be disqualified from receiving unemployment benefits during period of the suspension.
Represent numerous employers before the New York State Division of Human Rights claiming disability, sex, gender and race discrimination as well as retaliation. No Probable Cause findings. No Right to Sue Letter issued by Equal Employment Opportunity Commission.
Enforcement of Non-Compete Provision with terms agreed to by all parties.
Dismissal of Grievance finding that the employer had just cause to discipline employee and discipline was proportionate to the offense.
Education Law 3020-a proceeding against an administrator for arrest and improper conduct. Employment terminated. Successfully defended school district’s dismissal of administrator in New York Supreme Court and Appellate Division.
Addressed inquiry of New York State Attorney General’s Office regarding athletic program and related Title IX issues with positive outcome for education institution.
Dismissal of Appeal filed with New York State Commissioner of Education claiming the long term suspension of a student was excessive.
Dismissal of Appeal filed with New York State Commissioner of Education claiming residency within the District.
Education Law 3020-a proceeding against a teacher for improper physical assault of students. Employee terminated.
Negotiation of severance package for New York City executive doubling the amount of final compensation received.
Prepared response on behalf of a school district to investigation conducted by the Officer of the Comptroller into alleged improper use and waste of state funds.
Extensive negotiation on behalf of large school district of various contracts for services.
Defended public school district in an impartial due process hearing in which the parents of a student with a disability sought private school tuition reimbursement. Claims against the district dismissed in their entirety.
Represented public school district in its appeal to the New York State Department of Education’s Office of State Review challenging an impartial hearing officer’s ruling that a student was denied a free appropriate public education. District’s appeal granted in its entirety.
Defended public school district against claims made to the New York State Division of Human Rights alleging that the district discriminated against a student based on her race and disability. Complaint against the district dismissed in its entirety.
Represented public school district in defense of complaint filed with the United States Department of Education’s Office for Civil Rights alleging that the district failed to provide appropriate services to a student with a disability. Complaint against the district dismissed in its entirety.
Defended public school district in an appeal to the New York State Commissioner of Education challenging the district’s determination that a student was no longer a resident of the district. Appeal dismissed in its entirety
Defended public school district in three appeals to the New York State Commissioner of Education challenging the District’s long-term suspensions of three students involved in the same disciplinary incident. Each appeal against the District was dismissed in its entirety.
Defended public school district in an appeal to the New York State Commissioner of Education challenging the District’s denial of a request for a religious exemption from immunization requirements. Appeal against the District dismissed in its entirety.
Defended public school district in an appeal to the New York State Commissioner of Education challenging the District’s determination that a student was not homeless and was not entitled to attend the District’s schools tuition-free or receive transportation. Appeal against the District dismissed in its entirety.
Defended public school district in an appeal to the New York State Commissioner of Education challenging the District’s determination that students were not residents within the District’s geographic boundaries. Appeal against the District dismissed in its entirety.
Represented public school district in its appeal to the New York State Department of Education’s Office of State Review challenging the findings of an impartial hearing officer with respect to the appropriateness of a student with a disability’s program and placement and the Parent’s request for tuition reimbursement. District’s appeal granted in its entirety.
Obtained unanimous reversal of Appellate Division and reinstatement of the District’s determination to terminate employee for misconduct with award of costs against union.
Successfully defended dismissal of teacher claiming tenure by estoppel.
Successfully defended challenge to decision of the Commissioner of Education upholding District’s dismissal of employee.
This case involved a dispute as to payment of health services fees provided to private school students. Successful in appeal and received payment of funds for the services provided.
This Article 78 proceeding challenged the District’s determination not to remove a teacher from a particular student’s class simply based on claims from the parents that the student was uncomfortable with the teacher. The Court ruled soundly in the District’s favor making clear the sanctity of educational decisions, including placement of teachers, resided with the Superintendent of Schools, not the individual parents.
This case involved a challenge to the District’s determination relating to transportation of students to private school. The commissioner sided with the District and dismissed the appeal.
Education Law 3020-1 proceeding against a teacher for improper contact with a student, including corporal punishment. Employment terminated.
Summary judgment obtained on behalf of 23 suburban school districts on civil rights and constitutional claims.
Represent numerous school districts throughout the state in a variety of real estate related matters from sales and leasing of closed school buildings to negotiating easements and acquisitions of land for school district purposes.
Discrimination, free speech, and equal protection claims dismissed in favor of the district.
New York State Human Rights Law claims were dismissed in favor of the district for failure to file timely notice of claim.
Claims under the IDEA, ADA, and the Rehabilitation Act dismissed for failure to exhaust administrative remedies. Dismissal was upheld by the Second Circuit and request for review by the Supreme Court was denied.
Summary judgment obtained for employer in disability discrimination case.
Article 78 Petition challenging termination of civil service employee dismissed in favor of the district.

Team Leader(s)

Jeffrey J. Weiss

Member

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Need More Information?

K-12 Education

Industry Team

■ Profile

■ Services

Board Meeting Issues/FOIL

Communications and Media Relations

Constitutional Issues

Discharge/Discipline of Employees

District Meetings/Budgets

Employment and Discrimination Laws

Endowments

Finance/Bonds

Negotiations and Collective Bargaining Agreements

Preventative Policies/Personnel Training

Special Education

Strategic Alliances

Student Issues

Teacher Certification and Tenure Issues

■ People

Team Leaders

Jeffrey J. Weiss

Team

Eric J. Bach

H. Todd Bullard

Jared E. Calderon

Allison B. Fiut

Howard J. Goldsmith

Tracie L. Lopardi

Bruce L. Maas

Andrew R. Mark

Melanie C. Marotto

Anne M. McGinnis, Ph.D.

Kirstie A. Means

Daniel J. Moore

Kevin L. Overton

Daniel J. Palermo

Frank C. Pavia

Michelle K. Piasecki

Scott D. Piper

Laura M. Purcell

Thomas P. Smith

James A. Spitz

Joshua D. Steele

Jeffrey E. Storch

Ibrahim Tariq

Richard T. Tucker

Taylor C. Ventre

Sara E. Visingard

Alan M. Winchester

Offices throughout New York:

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