School Law

Experienced Counsel & Litigation for School Districts

Student Issues
Employment Law and Discrimination
School Board Matters
Labor Relations & Collective Bargaining
Special Education Issues
Bonding and Public Finance
Construction and Real Estate

The School Law Practice Group of Kennedy & Graven, Chartered recognizes the needs of school officials for dependable legal advice on a broad range of issues. We are sensitive to the fact that school administrators and school boards serve many constituencies – students and parents, teachers and district employees, and taxpayers. We provide creative, timely, cost-efficient legal solutions that balance the needs of the entire school community, while keeping the school district on solid legal footing.

Our attorneys represent school districts statewide in Minnesota and in several states, as general counsel or on particular projects. Our school law attorneys can knowledgeably address the diverse and complex issues your district faces. With decades of experience in school law, we bring integrity and historical perspective to today’s problems.

Student Issues

Balancing the rights of individuals with the goals of the institution is a difficult task. At K & G, our attorneys advise school boards and administrators on a broad range of complex student issues. While our proven litigators can capably represent districts in court, we emphasize problem solving, training, and policy development:

Curriculum issues
Discrimination/harassment claims
Investigations of alleged wrong-doing
Student discipline and expulsion
Free speech and religious issues
Equal protection and other constitutional claims
School violence and safety
Data practices requests
Parental rights
Immigration and residency issues
Handbooks and policies

Our attorneys have experience in training school district staff, board members, and students in a broad range of legal issues affecting school districts. Our seminars provide both legal and practical information to provide for efficient operation, wise use of district resources, and safe learning environments.

Employment and Discrimination Law

Our school lawyers have extensive knowledge of the employment law and human resource issues unique to school districts. We provide the reliable counsel our clients need to comply with employment and discrimination laws and avoid lawsuits. Should litigation arise, our seasoned trial lawyers can capably defend your district’s interests. We advise and help resolve conflicts regarding:

Employee discipline and discharge
Teacher tenure issues
Veterans’ Preference Act
Discrimination, sexual harassment, and civil rights claims
Due process and First Amendment issues
Family and Medical Leave Act
Americans with Disabilities Act
Workers’ compensation
Employee handbooks, policies, and procedures
EEOC claims
MDHR claims
OCR claims

School Board Matters

School boards and school districts are highly regulated by both state and federal laws, rules, and regulations. Our attorneys provide veteran counsel and representation in navigating these complex, ever-changing mandates.

Board policies
Open Meeting Law
Election issues
Data practices laws
Competitive bidding laws
Student and employee issues
Media relations
Contracts and business transactions
Individual board member liability
Risk management and insurance
Litigation
Communication with the public and the media by the board

Labor Relations and Collective Bargaining

Teacher’s unions have powerful representation. Our attorneys have the years of experience representing school districts in all phases of contract negotiations and labor disputes to address labor issues. We have experience with the following:

Collective bargaining agreements
Contract interpretation
Grievance proceedings and arbitration
Interest arbitration
Allegations of unfair labor practices
Bureau of Mediation Services matters
Strike plans and preparation
Litigation

Special Education Practice

Sometimes, schools face challenges to the appropriate provision of services to students with disabilities. At Kennedy & Graven, Chartered, our school law attorneys assist school officials in compliance, conflict resolution, and litigation avoidance. Our experienced special education lawyers provide training and pro-active counsel to find reasonable solutions in the areas of:

Due process hearings
State and federal court proceedings
Section 504 issues
State and federal complaint procedures
Mediation
Litigation

Bonding and Public Finance

We assist districts in all aspects of financing for operations and construction, including coordination of annual school levies and bond referendums. Our lawyers provide public finance services to more than 250 local government clients in Minnesota. Both the firm and our bond attorneys are listed in the Bond Buyer’s Municipal Marketplace (the “Red Book”), and we are among the top four firms in Minnesota in dollar volume of public bonds issued. Our services include:

Bond counsel
School finance advice
Lease purchase financing
Liaison with financial consultants
Coordination of issuer’s activities
Issuance of approving legal opinion
Election and referendum law

School Construction and Real Estate Law

Attention to detail and a thorough understanding of the complex legal issues are the hallmark of our approach to real estate matters on behalf of school districts and educational entities. We provide due diligence, negotiation, and review to protect district interests in all aspects of transactions and project management for new buildings, additions, renovations, and leases.