EXPERIENCE
Consulting with Superintendents and Boards. Service to our clients is one of our greatest strengths, and timely individual contact greatly reduces the need for complicated and expensive legal memoranda and remediation efforts. Proactive assistance at an early point is vital to cope with today’s many legal requirements and restrictions. HSE takes client service very seriously and recognizes that management decisions often cannot wait. When necessary, we can call upon attorneys and other staff throughout the firm to respond to any legal inquiry. Our attorneys are uniquely familiar with the conduct of Board of Education meetings and board procedures, and benefit from perspectives based on our experience. We are flexible in our scheduling, arranging to attend executive sessions at the beginning or end of board meetings or to participate in a full board session when requested. Because of the size of our education law practice, one or more of the our attorneys is always available by telephone to provide prompt individual consultation whenever needed.
Education Law. We advise on the application of Education Law to all aspects of educational operations. For example, we frequently advise on – and prosecute – discipline of personnel under Education Law Section 3020-a and of students under Education Law Section 3214 (including the recent disciplining of 3 students for issuing bomb scares). We also advise and assist with policy development in all areas affecting school operations, including special education placement and procedures, human relations, student rights, board of education powers and meeting procedures, school elections and budget matters, probation and tenure questions, appointments and seniority in tenure areas, residency, finance (including reserve funds), the teachers and employee retirement systems, teacher certification, and appeals to the Commissioner of Education.
Arbitration, Grievances, and Labor Relations. We assist in managing employee relations to avoid grievances and to build cooperative and effective relationships with employee unions whenever practical. We advise on the use of settlement and mediation conferences to resolve grievances cost effectively and to maintain positive relations, rather than automatically taking adversarial positions that often lead to unnecessary arbitration hearings. Our goal is to support our clients’ human relations objectives and needs in a cost-effective manner. When necessary, we vigorously defend schools in grievance arbitrations including discipline of employees and contract disputes, and utilize every available procedure and resource for successful resolutions.
Union Bargaining and the Taylor Law. We frequently negotiate collective bargaining agreements for schools and other municipalities with bargaining units of all types of employees. We often provide contract analysis and advice during negotiations, as well as serve as chief spokespersons at the bargaining table for schools and numerous municipalities. We approach negotiations with a “tool kit” of negotiating skills and styles, including traditional, positional, and mutual-gains bargaining approaches, which we apply as appropriate to meet the goals of the superintendent and the board.
With this experience, we effectively assist schools in administering their collective bargaining agreements, interpreting ambiguous provisions, and evaluating the likelihood of success in the arbitration of contract disputes. Because of our unique experiences, our attorneys also have participated in the administration of collective bargaining agreements not only as attorneys, but also as a school board member and educational administrators, providing perspective difficult to duplicate in any other law office.
We provide all manner of assistance and advice in connection with the Taylor Law, including issues regarding union organizing, unit clarification and placement, subcontracting, negotiations (including mandatory and non-mandatory subjects), the use of impasse, mediation and fact-finding procedures, and the defense of improper practice charges.
Civil Service Law. We consult with and represent schools (and other municipalities) in proceedings before the Public Employment Relations Board in connection with the Taylor Law, which is included in the Civil Service Law, and in various disciplinary proceedings against classified employees under Civil Service Law Section 75. In addition, we frequently advise schools and other municipalities about the various employee classifications under the Civil Service Law, recruitment, appointment, and discharge of civil service employees, and the distinctions among classified employees under the Civil Service Law and certificated employees under the Education Law.
Discipline of Classified and Certified Employees. We prosecute disciplinary charges against teaching and non-teaching employees, including the termination of probationary employees and the defense of disciplinary actions in grievance and arbitration proceedings as well as proceedings under the Civil Service Law and the Education Law. We also advise and assist in the mandatory filing of notices of teacher misconduct to the Teachers’ Morals Unit in the State Education Department. This unit can take action to rescind a teacher’s certificate even where a district has been unsuccessful at obtaining a discharge under Section 3020-a.
Budgeting and Accountability. Over the years, we have often advised schools on budget formation, audits, accountability, legal notices, budget vote procedure, and contingency budget requirements. For example, we counsel about budget re-votes, the submission of propositions by residents or the board, adoption of contingency budgets, and matters which may be included or excluded from contingency budgets. We advise as to the new audit requirements and permissible contracts for pay, benefits, and leave.
Special Education. Our attorneys consult with schools about the complex special education procedures and laws, including issues about parent and student rights, CSE procedures, formulation and interpretation of IEPs, Board of Education IEP approval procedures, appeals, impartial hearings, and litigation. We interpret the IDEA, the New York State regulations and laws that implement the federal IDEA requirements as well as the Rehabilitation Act of 1973 (504), the Americans with Disabilities Act, and New York State Human Rights Law.
Commissioner of Education Appeals. We monitor the Commissioner's regulations and the impact of important decisions of the Commissioner, such as the impact of the recent decisions in connection with the use of reserve funds, field trips, and board members' duties and removal. We assist districts in complying with the Commissioner's regulations and decisions in a variety of areas such as seniority and tenure areas, certification, student discipline, alleged conflicts of interest, and bidding and purchasing, as well as related comptroller audits and requirements. We defend schools in appeals to the Commissioner seeking to overturn superintendent and board actions, such as demands for removal for purported misconduct, student discipline, and petitions seeking to invalidate an election or school budget vote.
FOIL and Open Meetings Laws. We frequently consult about compliance with the Freedom of Information and Open Meeting Laws, including the proper uses of executive sessions, demands for production of lengthy lists of financial and personal documents, and demands parents and students make for student records under the Family Educational Rights and Privacy Act.
Real Estate, Finance, and General Municipal Laws. We frequently advise school districts on all manner of contract, real property, finance, and purchasing requirements, including purchasing, leasing, and selling property as well as capital projects. We also advise and represent schools in assessment and tax certiorari matters, as well as the tax relief granted by industrial development agencies through Payment In Lieu of Taxes arrangements.
Transportation. We frequently advise schools about limitations on transportation, especially in connection with budget votes and re-votes and the adoption of contingency budgets. We counsel regarding obligations to transport private and charter school students, bus accidents, bus drivers’ vehicle and traffic violations and their effect on their eligibility to drive school buses, bus drivers’ requirements for physical examinations, and the transportation of school children for school functions in teachers’ or parent volunteers’ private vehicles.
Student Discipline. We often advise school districts about student discipline and students’ rights, including the investigation of students’ conduct, due process, discipline imposed by principals (the procedures were recently amended to require a hearing before suspension), superintendents’ hearings and appeals to the board and the Commissioner, the standard of proof and appropriate penalties under Section 3214 of the Education Law, the new SAVE laws and regulations, and in connection with search and seizure, including the use of dogs and metal detection devices.
Overtime, Flex Plans, and Wages. We frequently consult with school staff to avoid legal actions over overtime and minimum wage, and about tax issues in labor negotiations such as so-called "Section 105" and "Section 125" flexible benefit plans, cafeteria plans, contributions to "Section 403(b)" plans and the taxability of salary supplements. For tax issues, we frequently consult our specialists in our Tax and Employee Benefits Groups who are widely recognized for their skill and experience in employee tax and benefits law.
Liability of School Districts and Officials. We frequently advise school boards and officials on risk management techniques including avoiding tort liability and the resolution of various claims over student injuries and accidents. Our Litigation Group often defends school (and other municipal) personnel against tort and other claims. In addition, when the district’s insurance carrier provides other counsel to defend an insured claim, we work closely with that counsel to ensure that the district is fully and successfully defended. We frequently advise school boards about the requirements of the indemnification provisions of Education and Public Officers Law, the use of separate defense attorneys for staff to avoid conflicts of interest, and the defense of vehicle and traffic violations by bus drivers to minimize liability exposure.
Discrimination, Harassment and Religion. We advise and represent many schools and other employers about discrimination based on sex, religion, disability, race, age, and other civil rights protections, and defend claims of discrimination before the State Department of Human Rights, the federal Equal Employment Opportunity Commission, and state and federal courts, including the defense of claims under Title VII, the Age Discrimination Employment Act, the Americans with Disabilities Act, and Title IX, including sexual harassment claims. Typically, our advice and consultation regarding discrimination is provided by one of our lead school attorneys, assisted in cases involving state and federal court proceedings by expert litigation counsel.
We frequently advise about due process requirements in disciplinary procedures and required codes of conduct under the new SAVE legislation. We also advise regarding dress codes, which prohibit the use of profane or inappropriate slogans, the censorship of student newspapers, and limits on classroom political campaigning. In addition, we analyze and advise about the establishment of religion, the separation of church and state, school prayer, student religious organizations, the use of facilities by outside groups including religious organizations (in light of the Good News Club Supreme Court decision), objections to textbooks and other materials, and other questions regarding the First Amendment right of free speech.
Federal Laws Affecting Public Schools. Our attorneys update boards and advise school management in connection with the range of federal legislation including the recently amended Fair Labor Standards Act (minimum wage and overtime issues); the IDEA (special education); and a wide spectrum of civil rights laws including the Americans with Disabilities Act, the Equal Pay Act, the Age Discrimination in Employment Act, Title VII and Title IX. We also advise and defend school districts in connection with federal (and state) laws and regulations regarding occupational safety and health issues, and related requirements affecting renovations and capital projects.