Education Law

Freedom of speech, child abuse, security, accommodating disabilities and providing special education, religious freedom, sexual harassment, immigration issues, labor negotiations, construction litigation . . .  These are just a few of the issues that make operating an educational facility more complex than ever. PK Law ’s education lawyers become an integral part of their clients’ management teams as they guide them through the maze that leaders in education must navigate.

PK Law ’s education clients include public schools, private schools, charter schools, community colleges, 4-year colleges and universities, and vocational schools.

Our services include:

  • Counseling school administrators, school boards, college administrators, and executive bodies in a wide variety of areas, such as employment, open meetings, student records, freedom of information, use of school premises by religious and other outside groups, contracting, school policy development, and citizen complaints.
  • Handling student services and student rights issues, such as suspension and expulsion appeals, transportation, access to student records, locker searches, dress codes, and student free speech and expression.
  • Assisting schools in complying with the substantive and procedural requirements of the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973, including resolving disputes between schools and parents of disabled students under both IDEA and Section 504, and representing schools in basic administrative due process hearings through complex special education litigation in state and federal court.
  • Assisting schools in labor relations, including negotiation of agreements with faculty and non-faculty groups, assisting in the administration of collective bargaining agreements, performance based collective bargaining agreements for teachers and non-certificated employees, labor arbitration, impasse proceedings, and defending and prosecuting unfair labor practice charges.
  • Defending complaints of unlawful employment actions including sexual harassment, probationary teacher nonrenewals, employee terminations, the Family and Medical Leave Act, the Americans with Disabilities Act, wrongful discharge, whistleblowing claims, and discrimination complaints by employees and former employees, including complaints of race, gender, age, disability, national origin, color discrimination and sexual orientation discrimination.
  • Representing schools in all types of litigation, from tort claims to complex civil rights and constitutional cases.
  • Assisting schools with immigration issues:  student services and student rights issues involving foreign students, including Title IX proceedings; cultural differences trainings for foreign students; immigration implications of/reporting requirements for disciplinary actions imposed on foreign students; compliance with U.S. immigration laws regarding document retention policies; internal audits of employment records to ensure compliance with I-9 requirements and other U.S. immigration laws; preparing for a site visit from the Department of Homeland Security, including how to respond to requests from government officials for student-specific information; complying with requests from government officials for documentation to ensure compliance with both the mandatory disclosures under U.S. immigration law, and the requirements of FERPA.
  • Assisting schools in a wide range of construction and zoning matters.
  • Assisting schools and other educational institutions with patents, copyrights and intellectual property law matters.