FGKS Law is experienced in representing cities, townships, school districts, and public agencies with respect to their general contractual, employment, and labor legal needs, as well as matters unique to their operations, including regulatory compliance issues such as competitive bidding requirements and public record requests.
We represent municipal corporations, townships, school districts, and other public agencies with respect to a number of matters, including:
- Annexation
- Competitive bidding
- Land use, development, planning, and zoning
- Litigation
- Contract review and negotiation
We also represent and advise Boards of Education and school administrators on a wide variety of school law matters, including:
- Arbitrations & grievances
- Teacher/non-teacher contract suspensions, nonrenewal, and terminations
- Labor negotiations
- Disciplinary/personnel issues
- Reductions in force
- Student discipline
- Sunshine law issues
- Public records requests
- Competitive bidding
OUR PHILOSOPHY
FGKS Law is dedicated to fostering strong, legally sound public institutions. Our philosophy is to offer comprehensive legal services that not only address immediate legal issues but also anticipate future challenges. We aim to be a trusted advisor to municipalities and schools, ensuring that our clients can focus on their core mission of serving the public, with the confidence that their legal matters are expertly managed.
Contact an attorney to learn more about our practice areas.
Frequently Asked Questions on Municipal & School Law
WHAT IS THE COLLECTIVE BARGAINING PROCESS WHEN NEGOTIATING WITH TEACHER UNIONS?
The collective bargaining process involves negotiations between school districts and teacher unions to agree on the terms and conditions of employment. The process typically includes:
- Preparation: Both parties gather information, set objectives, and form negotiation teams.
- Negotiation: Representatives from the school district and the union meet to discuss issues such as salaries, benefits, working conditions, and contract duration.
- Tentative Agreement: Once both parties reach a consensus, a tentative agreement is drafted.
- Ratification: The union members and the school board vote to approve the tentative agreement.
- Implementation: Once ratified, the terms of the agreement are implemented, and both parties are bound by the contract until it expires or is renegotiated.
WHAT IS FERPA AND HOW DOES IT APPLY TO SCHOOLS?
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. FERPA grants parents and eligible students (students who are 18 years or older) certain rights regarding their education records, including:
- Right to Access: Parents and eligible students can inspect and review the student’s education records maintained by the school.
- Right to Request Amendment: Parents and eligible students can request the amendment of records they believe are inaccurate, misleading, or otherwise in violation of the student’s privacy rights.
- Right to Consent to Disclosures: Schools must obtain written consent from parents or eligible students before disclosing personally identifiable information from education records, with some exceptions (e.g., disclosures to school officials with legitimate educational interests).
WHAT ARE SOME CONSIDERATIONS WHEN DRAFTING A STUDENT DISCIPLINARY POLICY?
When drafting a student disciplinary policy, several key considerations should be taken into account to ensure fairness, clarity, and compliance with legal requirements:
- Clear Definitions: Define unacceptable behaviors and the corresponding disciplinary actions clearly to ensure that students, parents, and staff understand the rules.
- Consistency: Ensure that the policy is applied consistently to all students to avoid perceptions of bias or favoritism.
- Due Process: Include procedures that provide students with due process, such as the right to be informed of the charges, the right to present their side of the story, and the right to appeal disciplinary decisions.
- Proportionality: Ensure that disciplinary actions are proportionate to the severity of the offense and take into account the student’s age, maturity, and disciplinary history.
- Legal Compliance: Ensure that the policy complies with federal and state laws, including laws related to students with disabilities, such as the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act.
- Parental Involvement: Include provisions for notifying and involving parents in disciplinary matters to foster cooperation and support for the student’s behavioral improvement.
OUR MUNICIPAL AND SCHOOL ATTORNEYS
