Education Law

Subashi & Wildermuth has been a leading law firm in the practice of education law for many years. Recently, S&W was the only firm in the Dayton area ranked in the Top Tier by the U.S. News and World Report for education law.

Background
The firm began representing school districts and their employees in the defense of a number of high profile lawsuits. Through these cases, Nick Subashi and other attorneys in the firm were able to make positive changes to the law on governmental immunity, which arises from a statute that provides some measure of protection for schools from lawsuits.

As education law becomes an increasingly complex field, however, school officials will continue to need the assistance of experienced attorneys. S&W has made an extensive commitment to all aspects of education law in order to serve the growing needs of our clients. In short, we are committed to bringing a high level of experience and efficiency to school districts and to the public servants who are dedicated to serving children. This is reflected in our practice.

The firm now serves as General Counsel for a number of local school districts and continues to litigate cases on behalf of many more schools through their self-insurance risk pools.

Representative Experience
S&W attorneys represent school districts in both state and federal courts and before state and federal administrative agencies. We also supply school administration and boards of education with the information and knowledge they will need to effectuate the plans and policies and to avoid litigation. We advise, counsel, and represent school districts, boards of education, and their employees on nearly every legal issue, including:

  • collective bargaining negotiations
  • restructuring and reductions in force
  • student disciplinary hearings
  • special education
  • policy drafting
  • finance and bond issues
  • school facilities
  • public records/sunshine law
  • construction contract disputes
  • litigation related catastrophic injuries to students
  • litigation related to school bus accidents
  • litigation related to alleged misconduct of teachers and administration
  • litigation related to teacher First Amendment rights and many others

We have extensive experience in understanding and advising districts about the complicated Ohio statutes that govern the employment, discipline, and termination of teaching and non-teaching employees.

Involvement
S&W attorneys are also very involved in the education community, writing and speaking on issues important to Ohio’s public school districts. We are active members of various national and state education associations devoted to primary and secondary education, including the Ohio and National School Board Association, and we have participated in drafting and revising the guidance documents upon which other school attorneys rely.

Recent presentations and seminars include:
Military Deployment and How it Affects Schools – a presentation explaining the state and federal laws protecting school employees who are called up for active duty in the military.

How Strong is Your Immunity? – a seminar on the variety of federal and constitutional claims regularly brought against school districts, and the defenses and immunities available in those cases.

Transportation Pitfalls – a presentation to school administrators and bus drivers about the recent legal challenges related to school busing.

Liability Issues Associated With Student Athletics – a presentation on privacy issues involving student athletes, Title IX, and student athlete injuries.

Disciplining Special Education Students – a primer on the procedural requirements for disciplining students with IEPs.

Ethics in Student Discipline – a discussion of the constitutional implications of searching students or their belongings, and other statutory and constitutional limitations on student discipline.

Please feel free to contact us if there is any area of education law on which you feel your school district could use a seminar or presentation.

*Please see Disclaimer

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