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School Law

Public and private schools face diverse legal issues as they routinely encounter the needs and requirements of students, parents, school personnel, and government agencies. Fennemore Craig’s School Law Practice attorneys help administrators address issues with an emphasis on providing counsel to not only resolve the immediate challenge, but help to prevent future problems. In addition, when disputes arise, our lawyers work to achieve prompt resolution and when necessary, serve as strong advocates.

Special Education

Fennemore Craig understands the legal complexity and sometimes sensitive nature of matters involving students with disabilities. Our attorneys possess the knowledge and experience necessary to offer practical guidance to administrators in working with disabled students and their parents to provide each student with an appropriate public education. We have advised school districts and charter schools regarding compliance with Federal and state laws protecting students with disabilities, such as the Individuals with Disabilities Education Act, Americans with Disabilities Act, and Section 504 of the Rehabilitation Act. We also have assisted school districts and charter schools in planning for multi-disciplinary team meetings and preparing individualized education programs and Section 504 accommodation plans. We have advised private schools regarding their rights and responsibilities with respect to students with disabilities. Our attorneys promote creative problem-solving and alternative dispute resolution to negotiate and mediate disputes regarding individualized education programs, placements for disabled students, accommodations, and related services. We have experience in dealing with advocates and lawyers for parents and students with disabilities and, when necessary, handling cases that proceed to hearing. We regularly speak at conferences and seminars regarding the rights of disabled students and the responsibilities of schools under state and Federal law. Our focus is to educate and assist administrators in fulfilling their legal responsibilities to educate students with disabilities.

Student Rights and Discipline

Free speech, freedom of expression and freedom of religion are constitutional issues that often arise when dealing with students. Whether creating a student dress code or publishing the student newspaper, Fennemore Craig’s attorneys can advise school districts on the constitutional and statutory rights and responsibilities of students. We can also assist administrators in addressing student issues that include:

Advising school districts and charter schools on matters involving student rights, such as dress code, religious activities, clubs, freedom of expression, and search and seizure
Developing policies and procedures on student related matters and preparing parent and student handbooks for public and private schools
Developing student disciplinary procedures for charter schools and school districts, including procedures for students with disabilities
Representing school administrators and governing boards in student disciplinary hearings
Defending school districts and charter schools against claims of students who are suspended or expelled
Advising charter schools and school districts on the release of student records pursuant to the Family Educational Rights and Privacy Act (FERPA)

Open Meeting and Public Records Laws

Fennemore Craig attorneys have substantial experience with open meeting laws, conflict of interest, public records laws and other laws with which administrators, school personnel, and governing board members must comply. We provide training and advice to ensure school district and charter school compliance with open meeting laws and conflict of interest statutes, including review of agenda items to determine appropriateness of executive session and preparation of meeting notices and agendas. We assist school districts and charter schools in responding to requests for public records, from third parties, parents, and the media. When necessary, we assist schools in responding to complaints alleging failure to comply with the open meeting laws and public records laws.

Intergovernmental Agreements

Arizona allows school districts and other public agencies to contract for services or jointly exercise any powers, but such contracts or intergovernmental agreements must meet specific statutory requirements. Fennemore Craig’s attorneys have broad experience in reviewing, revising, and approving intergovernmental agreements between school districts and other public agencies for a variety of matters, such as joint development and use of city and school facilities, professional development programs, and provision of special education services. We also have represented school districts in negotiations with other agencies related to the terms and conditions of such agreements.

Nonprofit

Fennemore Craig provides comprehensive legal representation for nonprofit tax-exempt entities, including education, public service, cultural, conservation, religious and health care organizations. Our attorneys assist charter schools in entity formation and obtaining and maintaining tax-exempt status. Our firm also provides services on such issues as IRS intermediate sanctions, state nonprofit law, tax-exempt financing, unrelated business income tax, and an array of other issues relating to tax exempt entities. The practice includes members of Best Lawyers in America, the American College of Tax Counsel and the American College of Trust and Estate Counsel, as well as the past chair of the Section of Taxation for the State Bar of Arizona.

Health and Safety

We understand that our school clients strive to protect the health and safety of their students while on campus and when under the supervision of school personnel. Fennemore Craig is proactive, providing training and legal advice regarding potential threats to the health and safety of students and how to protect students from such threats. This approach assists schools in reducing and even avoiding liability for student injuries. Our attorneys routinely advise schools on:

Developing and implementing policies and procedures for campus safety and security
Responding to threats made by students, parents, or other third parties
Obtaining injunctions against workplace harassment and other protective orders
Preparing policies and procedures for responding to crisis situations
Administering prescription and other medications to students on campus
Discussing safety measures for off-campus trips and preparing waivers for student participation

Board Policies and Procedures

Fennemore Craig School Law attorneys possess extensive experience in drafting and reviewing governing board policies related to all matters of school operations, including school board governance, personnel, student issues, and school procurement and finance. We regularly work with school districts and charter schools to ensure that their policies comply with applicable statutory and case law and customize policies to meet their specific needs.

Litigation

Our attorneys have decades of experience litigating and trying cases. Fennemore Craig represents clients in a variety of personal injury and business tort actions ranging from individual negligence actions to complex litigation. Our attorneys defend schools against claims brought by students, parents, and current and former staff members. On behalf of clients, we seek cost effective and practical resolutions, attempting to minimize lengthy litigation where possible. At the same time, we serve as strong advocates and legal advisers, fully appreciating the increasingly complicated environments our school clients face. Our attorneys are experienced in arbitrations, mediations, and other methods of alternative dispute resolution.

Real Estate

Fennemore Craig’s Real Estate Practice is one of the largest in the Southwest and encompasses all aspects of real estate investment, from acquisition and finance, through development, leasing and sale. There are more than 35 attorneys in the firm who devote substantially all of their practice to real estate, as well as a number of other attorneys who are involved in discrete aspects of real estate matters. Our attorneys actively participate in the professional organizations and trade associations of the real estate industry.

Labor and Employment

Fennemore Craig labor and employment attorneys advise and defend administration in virtually all aspects of the employment relationship. We advise school clients in the areas of labor management, personnel policies and procedures, drug and alcohol testing, compliance with state and federal statutes, unemployment and workers’ compensation, employee benefits, the Family and Medical Leave Act, and immigration. We have substantial experience in advising district administrators regarding the non-renewal and dismissal of certificated teachers under Arizona law. Our attorneys conduct investigations into allegations of staff misconduct, prepare detailed investigative reports and recommendations to governing boards, and provide legal advice and guidance to administrators and boards regarding effective discipline and termination of staff members designed to minimize potential liability. Clients benefit from our significant experience in working with administrators, in-house counsel, and human resources professionals to develop programs designed to improve and define employment relationships and reduce the likelihood that disputes will arise.