School Districts

School district lawyers at K&L Gates have extensive experience assisting school districts with capital facilities projects, from the initial due diligence review of potential sites through the construction process. We represent numerous school districts relating to the design and construction of new and remodeled/renovated school facilities, including the drafting and negotiation of design and contractor contracts, and the resolution of disputes arising from the projects. We assist many school districts with architect selection, construction bid contracts, change orders, and construction litigation. We also have extensive experience with the general contractor/construction manager procurement method and new requirements concerning "green schools." Assisting districts with school facility siting, design, and construction issues is a significant and growing part of our practice.

Our outside counsel representation focuses on assisting districts and school boards with general issues related to policies, personnel, and students. This includes issues related to labor and employment, student discipline, special education, school policies and procedures, academic freedom, certification requirements, equal access, free speech, freedom of information, school accommodations, staff performance evaluations and discipline, student and teacher rights, tenure, school choice, child abuse reporting, records requirements, drug and alcohol testing, and issues related to search and seizure.

We regularly advise districts on their labor and employment, evaluation, and termination processes, including the development of outreach and recruitment efforts that comply with affirmative action and laws against discrimination, hiring policies and practices, background checks and internal investigations, professional misconduct and revocation standards for certified personnel, employee evaluations, discipline, discharge, and nonrenewal of certified and classified staff. We also represent school districts in all aspects of collective bargaining, including grievances, arbitrations, strikes, unit clarification and certification issues, and reductions in force. We have led contract negotiating teams, obtaining cost-saving reforms in health care insurance and other benefits.

Our lawyers take a proactive approach to assist districts in complying with the wide array of constitutional, statutory, and regulatory requirements that govern school operations. This includes assistance with special education compliance, school policies and procedures, academic freedom, equal access, free speech, freedom of information, school accommodations, board responsibilities, personnel policies and procedures, student and teacher rights, school choice, child abuse reporting, records requirements, drug and alcohol testing, student discipline, mandatory expulsions, and search and seizure. If a district is challenged, however, we are ready to provide litigation support, including the defense of discrimination, sexual harassment, wrongful discharge, and other claims. We have represented school districts in due process hearings, in various administrative proceedings, and before state and federal courts.

The school district land use practice has grown to encompass a variety of land use and development issues unique to school districts. We routinely advise school district groups, as well as individual school districts, on school impact fee programs and other land use issues. Over the years, we have taken a proactive approach to addressing land use issues. This strategy includes working with state legislators, county commissions, and/or city councils to draft statutes, ordinances, or regulations that enable districts to site, fund, and build schools. We have also assisted individual schools with the permitting process.

We maintain the largest school district finance practice in the Northwest, both in terms of the number of finance lawyers and the number of financings for which we act as bond counsel. We assist districts with drafting bond and levy measures and election resolutions and have a broad range of experience in all types of school district finance, including conditional sales contracts, leases, tax, revenue and bond anticipation notes, qualified zone academy bonds, limited tax general obligation bonds, voted general obligation bonds, and refunding bonds. We have advised on local tax reform measures and assisted in their implementation.

In providing legal services to school districts, we understand the importance of developing and tracking legislative proposals. We have drafted and monitored bills and proposed ordinances at the state and local levels on behalf of school districts, including state legislation related to the school levies, school district boundary process, school construction funding, and school construction authority. In addition, we have worked on proposed legislation to change the public works process and the acquisition technology in school districts, as well as many other bills affecting school districts. We have also assisted in drafting local ordinances as they affect school districts.

We have successfully defended against court challenges to innovative school legislation affecting financially and academically distressed districts. We have defended school board members against attempted takeover of the district by the state education department. We have extensive litigation experience in Title IX discrimination and “disparate impact” matters and statewide school funding issues.

We have assisted school districts with site acquisition through real estate purchase agreements, eminent domain, purchase in lieu of eminent domain, and leasing. We have experience in all phases of acquisition, including retention of real estate brokers and site development specialists, site selection, physical and legal due diligence, contract review, title review, tax analysis, escrow closings, and eminent domain proceedings. In addition, we have worked with local jurisdictions on issues related to the development of schools. We also have considerable experience working with districts on sewer access/connection issues and on-site systems for school sites.

We welcome the opportunity to provide school district clients with in-service trainings on a wide variety of issues.  Our school district lawyers have significant experience litigating and advising school districts on such issues as special education, First Amendment, employment discrimination, and collective bargaining agreements.

Our lawyers can tailor trainings to the specific client needs, and we have provided trainings in the areas of:

• Search and seizure in the school setting
• Freedom of expression
• Interplay between school law and religion
• Employment discrimination, including harassment and discrimination based on disability, race, age, sex, national origin, and religion
• Employee rights to leaves of absence, including rights to leaves of absence under the Family Medical Leave Act, Americans with Disabilities Act, and federal and state military leave laws
• Wage and hour issues
• Student sexual harassment issues
• Handling violence in schools
• Labor and collective bargaining issues
• Legal issues pertaining to standardized testing
• Personnel policies and student policies
• Special education issues, including:
  • The identification and evaluation of students eligible for special education services under the Individuals with Disabilities Education Act (IDEA)
  • Tracking progress in Individualized Educational Programs (IEPs)
  • Educating IDEA-eligible students in the least restrictive environment
  • Extended school year services for IDEA-eligible students
  • Disciplining students eligible for services under IDEA
  • Serving disabled students in vocational and school-to-work settings
  • Disabled students' rights under Section 504 of the Rehabilitation Act

We have extensive experience in handling special education matters for school districts. We advise districts on many issues arising from the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973, their implementing regulations, and funding. These include matters involving identification and evaluation of students with disabilities; development, modification, and implementation of Individualized Education Programs (IEPs); alternative placements and unilateral private placements; discipline, including short and long-term suspensions of students with disabilities; disputes over whether provided and/or offered programs and placement comply with the mandates of IDEA; the effect and operation of the "stay put" regulations; and district obligations to fund independent educational evaluations (IEEs). We also represent an alliance of 12 school districts regarding special education funding. The districts have pursued a lawsuit against the state of Washington for its failure to adequately fund special education services, and are working to address school funding issues.

We provide information technology legal advice to a broad range of clients, from artists to software developers to public entities. School districts and other public educational entities have trusted us to negotiate agreements for cutting-edge distance learning programs and to assist in the acquisition of mission-critical student services systems. We also provide "fair use" analysis in an educational setting and analysis of publicity rights in student and staff photos, draft Internet policies, analyze issues concerning district trademarks (e.g., mascot logos), and draft and negotiate agreements to protect district rights in software, website content, and other cost-intensive materials.