From universities and community colleges to public and charter schools, Bickerstaff Heath provides a full range of legal services to educational institutions across Texas.
Bickerstaff has represented higher education clients, including four-year universities, community colleges and junior colleges throughout the state. When faced with challenging and heated legal issues, higher education institutions look to our firm for legal guidance to avoid lawsuits and to defend against lawsuits that do arise.
The School Law Group at Bickerstaff maintains an active practice representing traditional public schools and charter schools in all aspects of school operations. We provide schools and colleges legal services in employment contracts, student rights, student discipline, Section 504 and special education, school finance and taxation, purchasing, land use regulations, civil litigation, board training, and school boundaries. Our experience as general counsel to rural and urban school entities enables us to effectively handle routine calls and complex entanglements.
We represent higher education institutions in numerous areas, including:
Boundary and Annexation Issues
Assisting community colleges with annexation elections and the annexation process; counseling clients on submission of boundary changes to state and federal agencies for approval through the use of the firm’s in-house GIS mapping department; and advising clients on handling legislative amendments to the statutes relating to the annexation of neighboring territories or reapportionment of service areas by agreement between neighboring college districts.
Governance
Advising clients on parliamentary procedure, conflicts of interest and nepotism issues, dual-office holding questions, official immunity, questions related to the use of public funds local policy, handbooks, open meetings requirements, trustee elections, bond elections, tax rollback elections, M&O tax rate authority, redistricting, voting rights, and records retention.
Employment Contracts in Public Schools
Assisting clients with proper documentation, evaluation, and discipline of professional employees employed by contract; acting as Board advisors during termination proceedings; and consulting on superintendent contract negotiations and extensions, including compensation, benefits, and professional evaluations.
Employment Issues
Including assisting clients with proper documentation, evaluation, and discipline of professional employees (including those employed by contract); acting as Board or administration advisors during termination proceedings; advising clients on contract negotiations and extensions, including compensation, benefits, and evaluations of Presidents or chancellors; Defending higher education institutions against claims of violations of Title IX, Title VII, Texas Labor Code, FMLA, ADAA, ADEA, FLSA, Whistleblower and Constitutional rights.
Student Issues
Advising clients on Title IX, Title VI, ADA, FERPA, Clery Act and Student Rights; advising on Title IX and Clery Act compliance, including consultation on sexual misconduct policies, required statements and reporting in an Annual Security Report and Clery Geography, complaints, investigations and resolutions; representing clients in governmental investigations and proceedings related to student issues; advising on FERPA issues generally and when specifically related to discrimination and harassment investigations, student misconduct processes, and the Public Information Act; advising clients on Student Rights issues including First Amendment and disciplinary issues, and student misconduct processes.
Student Rights in Public Schools
Advising clients on student constitutional and statutorily-protected rights, such as freedom to exercise religion, freedom to associate and form student clubs, right to be free from unreasonable searches and seizures, the right to gender equity in sports, the right to private education records, and more.
Student Discipline in Public Schools
Aiding school officials to navigate effectively local Student Codes of Conduct and Chapter 37 of the Education Code, related to the reasons or which students may be removed from the classroom.
Section 504 & Special Education for Public Schools
Counseling clients on compliance with Section 504 and the IDEA, as well as comprehensive guidance with Child Find and Transition for accommodating and providing appropriate services to students with physical and learning disabilities.
Boundaries for Public Schools and Higher Education
Assisting public schools and community colleges with boundary changes for submission to state and federal agencies for approval through the use of the firm’s in-house GIS mapping department; and handling legislative amendments related to the of annexation of neighboring territories for community colleges and charter schools.
Public Finance
Advising clients on financing options, interpreting restrictions on the use of bond receipts, analyzing bond documents, and handling all aspects of the proposal, approval, election, and sale for financing instruments.
Real Estate and Construction Projects
Representing schools in connection with the acquisition, condemnation, sale, lease, financing and development of real property; assisting with title and survey review, environmental site assessment review, and negotiation and drafting of purchase contracts, deeds, leases, easements, and other real estate documents; and advising in the event of construction disputes;
School Litigation
Advising and counseling schools, superintendents, and school boards throughout the entire litigation process.
