Education
Our decades-long history of representing school districts, boards of education and school personnel has provided our attorneys with experience concerning most legal issues faced by schools. We regularly work with school clients on contracts for teaching and non-teaching employees and administrators, student discipline, special education, competitive bidding, public records and open meetings, religious expression, FERPA, attendance and tuition, and many other school-related and labor and employment issues.
Our attorneys represent school clients in litigation in state and federal courts and in disputes before governmental agencies in matters involving constitutional questions, employment discrimination claims, immunity issues, and other claims under state or federal laws. We also represent both public and private colleges and universities and can assist with litigation, labor, and employment questions, drafting of policies and procedures, and other concerns.
EDUCATION ATTORNEYS
Practice Areas
Collective Bargaining
Our attorneys provide at-the-table negotiations, as well as advice regarding negotiation strategy and drafting contract language. We also handle bargaining-related matters such as mediation, public sector conciliation, and fact-finding. We further assist clients in matters related to unfair labor practices charges before the Ohio State Employment Relations Board and the National Labor Relations Board, and when necessary, strike preparation, and securing legal restrictions on picketing and relief for strike misconduct.
Competitive Bidding
With our extensive background in public law, our attorneys are experienced and knowledgeable about Ohio’s competitive bid laws. We often advise school districts and other public clients regarding the situations in which bidding is required, the selection of qualifying bids, and the strengths or weaknesses of challenges to the bid process, and further have successfully defended against such challenges in court.
Constitutional Questions
Our attorneys regularly advise schools and other governmental clients regarding situations that could lead to a constitutional dispute and defend them when constitutional claims are raised. We work with clients on a variety of constitutional questions, including free speech and religious expression under the First Amendment, search and seizure under the Fourth Amendment, and equal protection and due process claims. We handle these issues at all stages, from providing preliminary advice through litigation in state and federal courts.
Employee Discipline
Our experienced employment attorneys often counsel employers on whether proposed employee discipline or discharge is likely to withstand challenge in any number of forums available to employees. We have secured for employers the dismissals of hundreds of claims regarding employee discipline, in court, in grievance arbitrations, and before agencies such as the Ohio Civil Rights Commission, the Equal Employment Opportunity Commission, the Ohio State Employment Relations Board and the National Labor Relations Board.
Employee Handbooks
Employee handbooks are excellent tools for outlining consistent employer practices, and for preserving employer flexibility and management rights such as employment at will. Our attorneys frequently review employee handbooks for compliance with federal and state employment laws, and recommend language and policies to protect employers and their businesses.
Employment Discrimination Defense
Our attorneys frequently defend employers facing charges or lawsuits alleging employment discrimination. Although the law is well-intended to protect employees from workplace discrimination, it is unfortunately common for employers to have to defend against unfounded claims of employment discrimination. Our lawyers have secured the dismissals of hundreds of employment discrimination claims before the Ohio Civil Rights Commission, the Equal Employment Opportunity Commission, and in state and federal courts.
FERPA (Student Privacy)
Our attorneys regularly advise school districts on questions pursuant to the Family Educational Rights and Privacy Act (“FERPA”) and Ohio’s companion laws protecting student privacy. We understand that sensitive questions can arise under FERPA and have counseled clients regarding disclosure requirements, prohibitions and how to handle situations involving child custody and domestic violence.
FMLA
Our attorneys have counseled both public and private employers on compliance with the Family and Medical Leave Act since it became effective in 1994. Our experience with the FMLA includes such matters as eligibility and coverage issues, employee notices, medical certifications, insurance continuation, intermittent leave, concurrent leave, and FMLA abuses.
Grievance Arbitration
Our attorneys have handled hundreds of grievance arbitrations involving employee discharges, employee discipline, and labor contract interpretation disputes. We can assist a client from the preparation of management witnesses through the drafting of post-hearing briefs. We also recognize the occasional appropriateness of resolving disputes before arbitration and through mediation.
Public Records and Open Meetings
Spengler Nathanson’s extensive representation of school boards and other local and state governmental bodies has given us a wide range of experience dealing with Ohio’s public records and open meetings laws.
School Attendance and Tuition
Our attorneys regularly assist school clients with issues regarding truancy and student attendance,tuition and open enrollment in public schools. We provide counsel regarding compliance with the evolving laws in this area and recognize the practical challenges that can arise with attendance-related issues.
Special Education
Our attorneys have experience representing school clients at all stages of special education matters. We advise clients when compliance questions arise, attend IEP meetings, represent schools in due process hearings, and serve as counsel in litigation in state and federal courts. We often counsel school clients on how to navigate complicated questions regarding disabilities, bullying, discipline, extracurricular participation, and constitutional issues.
Student Discipline
Spengler Nathanson’s attorneys regularly advise school clients on issues relevant to student discipline, including when discipline is and not appropriate, what level of discipline may be appropriate based upon the conduct in question, when a student’s disability may affect potential discipline for misconduct, and whether proposed discipline could pose other concerns under state or federal law.
Title IX Compliance (No Gender-Based Discrimination)
Our attorneys regularly assist clients with questions about Title IX and preparation of and updates to Title IX and related policies. We also serve as counsel for boards of education, colleges, and universities in litigation arising under Title IX and related statutes.
Unemployment Compensation
Spengler Nathanson’s attorneys frequently advise employers regarding responses to former employees’ claims for unemployment compensation, and represent employers before the Unemployment Compensation Review Commission.
Wage-Hour Law
Spengler Nathanson’s labor attorneys regularly advise both public and private sector clients regarding compliance with federal minimum wage and overtime laws, and the Ohio minimum wage law. We have dealt extensively with such matters as the classification of exempt and non-exempt employees, calculation of regular rate for overtime purposes, pay for training and travel time, and exempt employees salary basis of pay.
Workers Compensation Claims
Spengler Nathanson has an active workers compensation practice, representing employers in administrative hearings before the Industrial Commission and on appeals in court. We represent public and private employers, including school systems and counsel employers on the advisability of contesting claims and on ways to resolve problem claims.