Preschools, elementary schools, and secondary schools operate in an increasingly complex and rapidly changing legal and regulatory environment.
As both public and private institutions strive to provide high-quality education, they must manage many moving parts, including regulatory compliance, privacy, mandatory reporting, student safety, employment, and constitutional matters. Our attorneys combine deep legal knowledge with practical experience, enabling us to guide schools through these multifaceted challenges while remaining compliant, competitive, and resilient in an ever-evolving educational landscape.
Our team provides skillful, cost-effective counsel to schools nationwide, allowing clients to focus on serving their students and communities. Drawing on a century of experience in education law, our attorneys counsel clients on compliance, investigations, and litigation matters arising from a wide range of harassment, discrimination, and safety issues. We advise on both internal and government-initiated complaints, and represent clients in litigation involving allegations of student or employee misconduct, as well as claims of discrimination based on sex, race, disability, age, or national origin.
We have extensive knowledge of federal and state court decisions and enforcement actions across all areas of education law. Our team of attorneys has handled matters involving civil rights issues, appellate litigation, and education funding disputes. We are experienced with complex litigation arising from Title VI, Title VII, Title IX, the Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act (ADA), and the Family Educational Rights and Privacy Act (FERPA). We represent education clients in appeals before state supreme courts, federal appellate courts, and the U.S. Supreme Court, and have authored many amicus briefs. Beyond education-specific cases, we routinely handle a wide range of general litigation for K-12 clients, delivering effective advocacy and tailored solutions for both routine and high-stakes matters.
K-12 Education Litigation
K-12 schools face unique litigation risks that range from education-specific statutes and regulations to privacy concerns and funding disputes.
At Husch Blackwell, our team of 20+ K-12 education attorneys understands the distinct challenges of elementary and secondary schools, as well as the effect any litigation can have on a school’s relationship with its community. We handle desegregation matters, First Amendment cases, and claims under Title VI, Title VII, Title IX, IDEA, ADA, and FERPA. Our experience includes student discipline, special education disputes, and employment-related litigation.
Our attorneys have a strong record defending against harassment and discrimination actions, including successful appeals before state and federal courts and the U.S. Supreme Court. We are recognized for authoring award-winning amicus briefs in major education law cases. Our team has protected public school funding in courts nationwide, successfully challenging the diversion of CARES Act funds and representing districts in lawsuits involving property tax levies and other school funding issues.
Our experienced litigators routinely defend K-12 schools in:
- Civil rights matters
- Appellate litigation
- Educational funding disputes
- General litigation
K-12 Investigations
Our team has a thorough understanding of the legal and practical issues raised by investigations involving preschools, elementary schools, and secondary schools. We provide a range of legal services related to multiple compliance areas, including offering legal guidance, serving as outside investigators and adjudicators, and representing schools in investigations before state and government agencies, including the U.S. Department of Education and Department of Justice.
We handle both routine investigations, as well as high-profile investigations, and also counsel schools and districts on hearings involving student discipline for misconduct both on and off school grounds, misuse of the internet, threats, and a myriad of other issues. Our team is skilled in handling sensitive and complex investigations with discretion and care, including those involving allegations of sexual misconduct, bullying, hazing, and abuse or neglect.
Our experience includes:
- Harassment and discrimination concerns
- Title IX complaints
- Civil rights issues under IDEA, ADA, and Section 504
- Climate concerns
- Safety concerns
We also conduct climate assessments and compliance reviews of policies and practices, help schools maintain safe communities through emergency plan audits, security policy development, law enforcement coordination, and training on safety, behavior intervention, and mandatory reporting. We assist in developing and implementing crisis response protocols, including threat assessments and emergency removals.
K-12 Compliance and Advising
Our team possesses in-depth experience in navigating the unique compliance and regulatory challenges faced by both public and private preK, elementary, and secondary schools. We understand the complex legal landscape governing preK-12 education, including evolving state and federal regulations and guidance, as well as accreditation standards, and we regularly advise on matters involving licensing, accreditation, and safety issues.
We offer comprehensive services tailored to our clients’ needs, including proactive compliance counseling, policy and handbook development, regulatory risk assessments, and training. We support schools in expanding programs, securing federal grants, and negotiating procurement contracts. We provide guidance on issues involving student discipline, due process, records retention, and staff training obligations. Our attorneys serve as trusted advisors, helping schools interpret and implement new regulations, comply with desegregation orders and consent decrees, respond to government inquiries, and maintain best practices in governance and operations. We assist with policy development and review to ensure compliance with evolving state and federal laws, including those related to student data privacy, school safety, and educator certification.
Sexual Misconduct and Title IX for K-12 Schools
We have a deep understanding of the legal and practical issues inherent in addressing potential sexual misconduct affecting education programs and activities in K-12 schools. We understand the personal side of these issues and are experienced in working with school stakeholders on oftentimes emotionally charged issues interlaced with trauma-related concerns.
Our comprehensive Title IX services include:
- Policy audits
- Customized Title IX desk references for addressing, investigating, and documenting internal grievance processes
- In-depth coordinator and investigator training
- Mandatory reporter and appropriate boundaries training for faculty and staff
- Handling internal and external complaints and investigations
K-12 Education Employment
Our K-12 Education team includes employment attorneys who partner with schools to address the full range of matters and compliance issues unique to the educational environment and subject to social and political scrutiny. Our education-specific experience includes general employment matters, faculty and tenure, employee benefits, immigration, compensation, discrimination, wage and hour, internal revenue, and collective bargaining issues. We advise on ADA and Section 504 accommodations, whistleblower protections, and background check requirements for school staff and volunteers. We proactively counsel clients to implement compliant policies and procedures, and provide training for faculty, staff, administration, and leadership.
We advise education clients in:
- Faculty and tenure matters
- Preventative counseling
- Executive compensation
- Senior administrator searches and evaluations
- Employee benefits
- Contracts
- Employee discipline and termination
- Wage and hour compliance
- Workplace investigations
Interacting with Minors
Organizations that work with minors—or have minors present in their facilities or participating in their programs—face a unique set of risks and liabilities, including heightened legal duties related to interactions with minors, reporting obligations regarding abuse, neglect, health, and safety, and implications for the enforceability of waivers and releases.
Husch Blackwell’s Education team includes a deep bench of attorneys with extensive
experience in the preK-12 arena. These professionals are thoroughly knowledgeable about
the nuances of working with minors, as well as the best practices from a federal, state,
and local perspective. Members of our Education group also focus on the legal requirements and best practices for interacting with minors outside of the school setting, and we have helped colleges, universities, religious institutions, non-profits, and other business organizations develop appropriate policies, procedures, guidelines, training, and related documents to set proper expectations and mitigate risk. We provide crisis management advice and assist organizations in responding to investigations or inquiries from state agencies, law enforcement, and child protective services.
Our services include:
- Drafting policies, guidelines, and forms governing interactions with minors
- Trainings for staff and volunteers
- Conducting and advising on investigations involving minors
- Developing and implementing abuse prevention and mandatory reporting protocols
- Auditing compliance with state and federal child protection laws
- Guidance on parental consent, confidentiality, and notification requirements
Representative Experience
K-12 Education Litigation
- Drafted award-winning amicus brief for the U.S. Supreme Court on behalf of the Council of Great City Schools, a nonprofit coalition of the 69 largest urban U.S. public-school systems, in support of respondent school district in Endrew F. v. Douglas County School Dist. RE–1, 580 U.S. ___ (2017).
- Represented several public school districts in successfully challenging state constitutional provisions.
- Secured motion to dismiss with prejudice filed on behalf of education client on constructive discharge and intentional infliction of emotional distress claims.
- Successfully represented public school and several administrators in First Amendment case.
- Defended program for English-language learners against class action challenge filed against public school district.
- Mediated student suicide case to avoid multi-million dollar exposure for private school.
- Secured motion to dismiss filed on behalf of private school client in litigation involving claims by former student alleging race and gender discrimination claims stemming from alleged hazing.
- Advised school districts on litigation under the Individuals with Disabilities Education Act (IDEA).
- Obtained summary judgment on behalf of education clients in more than 50 lawsuits involving discrimination claims by former employees, students’ personal injury claims, and sexual harassment claims by employees and students.
- Represented a school district against civil rights and open records claims brought by a former student arising out of bullying within school district athletic program.
- Handled numerous school district appeals in federal appellate courts and the Supreme Court of the United States.
- Drafted award-winning amicus brief that successfully resulted in U.S. District Judge Barbara J. Rothstein issuing a preliminary injunction order in connection with the U.S. Department of Education’s recent rulemaking that would have directed hundreds of millions of dollars toward private schools and away from public school districts nationwide.
- Advised on and litigated matters involving student privacy and FERPA compliance, including subpoenas for student records and electronic communications.
K-12 Investigations
- Led investigation related to freedom of expression issue involving alleged student misconduct on social media.
- Handled numerous Office of Civil Rights (OCR) investigations involving alleged discrimination on the basis of race, national origin, disability, sex, sexual orientation, and gender identity.
- Served as investigation team lead at school regarding prominent athletic director and dean of students regarding alleged criminal activity at institution in two phases: reviewed hundreds of thousands of documents and conducted interviews of dozens of employees and former students.
- Conducted multiple investigations related to athletic teams and departments, stemming from individual complaints, and/or related to broader climate issues.
- Regularly guided schools at all levels in responding to U.S. Department of Education Office for Civil Rights complaints.
- Negotiated resolution of complex Title VI complaint involving diverse student with OCR.
- Conducted faculty and staff employee grievance investigations, including provided counsel on responding to retaliation claims and ensuring protections for complainants, witnesses, and respondents throughout and after investigations.
- Advised administrators and panel members regarding adjudication and appeal processes and outcomes.
- Developed and revised comprehensive Title IX policies and procedures for K-12 schools, ensuring compliance with evolving federal and state regulations.
- Provided training to administrators, Title IX coordinators, teachers, and staff on Title IX obligations, mandatory reporting, trauma-informed response, and investigation best practices.
- Represented schools in OCR investigations and compliance reviews related to sexual misconduct and gender-based discrimination.
- Assisted schools in developing and conducting campus climate surveys to assess prevalence and perceptions of sexual harassment and misconduct.
- Advised on intersection of Title IX and other laws, including FERPA, ADA, and state child abuse reporting statutes, to ensure comprehensive compliance.
- Assisted with crisis management and media relations in high-profile Title IX and sexual misconduct cases, including drafting public statements and internal talking points.
K-12 Compliance and Advising
- Conducted dozens of trainings for clients regarding Title IX, sexual harassment, informal resolution, athletics, alcohol and other drugs, race issues in admissions, pregnancy and parenting, accommodating LGBT students and employees, Clery Act, FERPA, First Amendment issues, investigation best practices, promoting equity and inclusion, updates in federal and state law, and student handbooks.
- Advised dozens of preschools, daycares, and K-12 schools on regulatory and compliance matters involving licensing, accreditation, safety issues, and homeschooling related matters in advance of broad expansion.
- Advised largest Texas school district on all aspects of procurement and contracting related to $2 billion infrastructure improvement program.
- Counseled and assisted multiple public school districts to comply with desegregation orders and consent decrees pending in federal courts throughout the country.
- Helped school districts develop appropriate civil rights policies and develop and conduct appropriate training programs.
- Counseled a school district interested in expanding preK education programs on available federal grants and related compliance issues.
- Represented client vetting daycares and childcare services for inclusion on state tax incentive list, assisting with employer vendor agreements.
- Assisted with policy drafting for organization that supplies compliant policies to public school districts.
- Advised on and developed protocols for employee background checks, fingerprinting, and compliance with state and federal child protection laws.
Sexual Misconduct and Title IX for K-12 Schools
- Defended a school district and administrators accused of violating Title IX and state tort law in case involving bullying and student suicide.
- Conducted multiple investigations under school Title IX policies, regarding allegations of sexual harassment, sexual assault, dating violence, and stalking.
- Following student lawsuit against education client alleging breach of contract, Title IX violations, and disability discrimination, we successfully mediated claims for client and required no payment. The court granted our briefing on plaintiff’s motion to proceed under pseudonym on behalf of the educational institution in litigation involving disability discrimination and Title IX claims.
- Conducted internal sexual harassment investigations on behalf of school boards.
- Served as outside investigator for schools, providing independent analysis of sexual misconduct complaints raised under Title IX policies.
- Led complex investigation into legacy sexual abuse allegations against former employee at a high school.
- Conducted investigation at institution regarding potential sexual misconduct and hazing, which included interviews with multiple coaches and players from numerous sports teams.
K-12 Education Employment
- Successfully negotiated dismissal with prejudice on behalf of private school client regarding copyright, negligent hiring, and contract claims.
- Handled more than 150 faculty and teacher termination cases in the past five years, including due process hearings and appeals.
- Represented public school district in collective bargaining with its teachers’ union.
- Negotiated and drafted multiple superintendent contracts for a major metropolitan school district, including contracts for interim employment. All of these cases have involved negotiations with the prospective superintendent, counsel, and the board.
- Advised dozens of education clients on compliance with the anticipated change in minimum salary threshold for FLSA exemptions; our work included detailed employee classification, as well as policy and procedure audits and design of creative measures to minimize the financial impact of the expected change in law.
- Audited and revised employee handbooks for public and private schools, with particular emphasis on non-discrimination policies, workplace speech, and regulation of employees’ use of social media during working hours.
- Provided training to administrators, teachers, and support staff on best practices for responding to allegations of bullying, harassment, and discrimination, including the implementation of trauma-informed practices.
- Guided private schools through investigations and responses to whistleblower complaints, retaliation claims, and related regulatory agency inquiries.
- Supported K-12 education clients through state education agency investigations and audits, including preparation for compliance reviews and corrective action planning.
- Counseled clients on the intersection of employment law and student privacy rights, including FERPA and state privacy law compliance in the context of personnel investigations.
Interacting with Minors
- Led investigation related to minors on campus and alleged criminal activity at institution in two phases: review of hundreds of thousands of documents and conduct interviews of dozens of employees and former students.
- Conducted comprehensive policy audits for non-profit organizations, reviewing and revising internal protocols and procedures for abuse and neglect reporting to ensure alignment with legal requirements and industry best practices.
- Developed and implemented organization-wide abuse and neglect reporting policies, including clear guidance for mandatory reporters, escalation protocols, and record-keeping procedures.
- Designed and delivered multi-level training programs for staff, volunteers, and leadership on abuse and neglect prevention, reporting obligations, and trauma-informed response, resulting in increased awareness and compliance across all levels of the organization.
- Led investigation of lay member of parish at prominent Christian religious organization regarding allegations of child molestation, sexual abuse, and grooming by providing Church leaders with institutional breakdowns in reporting, protocols, and practices as part of a public-facing 30-page report.
- Provided urgent and critical advice to religious organization’s leaders regarding potential misconduct by senior leader to mitigate risk of institutional exposure and prevent recurrence.
- Advised non-profit boards and executive teams on creating safe environments for minors, including conducting risk assessments, implementing screening and background check procedures, and establishing codes of conduct.
- Coordinated with external agencies, including law enforcement and child protective services, to ensure timely and appropriate response to incidents and to facilitate ongoing compliance with regulatory requirements.
- Monitored evolving state and federal regulatory requirements related to child protection and updated organizational policies and training content accordingly.