Our firm has a dynamic School Law Practice Group. Chaired by Carl F. Jarboe, the members of the School Law Practice Group and our firm’s other disciplines advise school district board members and administrators on issues ranging from every day matters to the most unique and complex occurrences. Whether dealing with students, parents, residents, employees, unions, the media, contractors, vendors, neighboring districts, local, state, or federal government, the State Tenure Commission, or the court system, our firm has the experience and expertise to provide the right assistance and advice.

We respond promptly and efficiently to issues facing school districts. We have demonstrated expertise in:

• Statutory Interpretation. Our firm provides guidance on all state and federal laws governing operation of a school district, including the Revised School Code, Freedom of Information Act, Open Meetings Act, Teachers’ Tenure Act, Individuals with Disabilities in Education Act, Section 504 of the Rehabilitation Act, Michigan Mandatory Special Education Act, Family Educational Rights Privacy Act, Campaign Finance Act, Michigan Public School Employees Retirement System, Title IX, Americans with Disabilities Act, Michigan Penal Code, Fair Labor Standards Act, state and federal tax codes, and all civil rights acts.

• Student and Parent Issues. We provide sound advice on student discipline and expulsion issues, claims of student harassment, sexual harassment, drafting of student and athletic codes of conduct, athletic eligibility, special education matters, attendance, child abuse and neglect, dress codes, student searches, drug testing, religious and other student group rights, student privacy rights, parental rights, parent booster groups, schools of choice, and transportation issues. The firm attends student expulsion hearings upon request.

• Business Issues. We are experienced in all business and contract matters facing school districts, including internal contract approval procedures, reviewing and drafting of requests for proposals and contracts, software and hardware agreements, exclusive beverage agreements, cable television agreements, independent contract agreements, electrical power agreements, consortiums, and administrative employment agreements. We negotiate with vendors, suppliers, and insurers, advise on all insurance-related matters, and enforce contractual and statutory rights. We are experienced in negotiating with intermediate and adjacent school districts, responding to media inquiries, and advising on all tax-related and pension-law issues. We draft school board policies and procedures and attend school board meetings upon request.

• Real Estate and Construction Matters. Our real estate expertise includes locating, purchasing, and selling real estate on behalf of school districts, drafting options, easements, leases, purchase agreements, and deeds, drafting architectural and construction contracts, and advising on environmental and land use issues.

• Employment and Labor Matters. Sound legal and business advice is provided on employee compensation, employment policies and procedures, employment agreements for superintendents and administrators, ensuring compliance with due process procedures for employees, termination of administrative employment contracts, collective bargaining contract obligations, employee grievances, civil-rights claims, preventive counseling programs on harassment and other labor law issues, investigating misuse of funds, and interacting with law enforcement and other agencies. We have negotiated collective bargaining agreements and attended negotiating sessions for hundreds of public and private entities. We provide representation before the Michigan Employment Security Commission, Michigan Employment Relations Commission, Michigan Tenure Commission, Equal Employment Opportunity Commission, Michigan Department of Civil Rights, Department of Justice, Office of Civil Rights, and all state and federal courts.

• Litigation. We are experienced in initiating and responding assertively to threatened and actual litigation. Emphasis is placed on preventive measures through careful planning and counseling but, if litigation occurs, we provide skillful and efficient representation in all courts, tribunals, and administrative proceedings. We review matters defended by insurance-retained counsel, responds to court subpoenas, and represents school personnel at depositions and court hearings.

Our attorneys are called upon to champion the causes of school districts at the most sensitive of times. For example:

• In 2000 we obtained a court ruling relieving school districts throughout Michigan from the Michigan Secretary of State’s ban against districts voicing their opinions on the then-pending school voucher ballot proposal.

• In 2003 we were retained as independent counsel to assist a school board in investigating misconduct by its superintendent. We assisted the board in due-process hearings, drafted the resolution terminating the superintendent’s employment, and successfully defended the district against the superintendent’s wrongful discharge lawsuit.

• In 2005, we obtained a federal court dismissal of a parent’s claim of alleged sexual abuse by a teacher.

• Other successful litigation experience on behalf of school districts includes claims of athletes challenging eligibility rules, claims of student-on-student sexual harassment, assertion of the state school records privilege, construction litigation, and successful processing of teacher tenure charges.

We keep board members and administrators fully informed of changes in the law and requirements for compliance. We are engaged in educating school personnel on a wide variety of topics. We have served as speakers for the Michigan School Business Officials, Lorman School Seminars, Michigan Institute of Continuing Legal Education, Council on Education in Management, the Bernard Gottfried Memorial Labor Law Symposium, and numerous in-house client seminars. A list of current topics available for presentation can be found on the resources page of this website.

Our school law attorneys are members of Michigan Council of School Attorneys and the National School Board Association Council of School Attorneys.

We would be most pleased to serve as legal counsel to your school district. We commit to provide prompt and thorough representation and solid legal advice. We are available and on call 24 hours each day, every day of the year. Please call Carl F. Jarboe at (313) 566-2500 to discuss your needs.