Education Law

Our attorneys have litigated numerous precedent-setting cases, including two declaratory judgment actions involving the City of Manchester and the Manchester School District.  In addition, the Firm successfully defended the Manchester School District in the case of Foote v. Manchester School District, 152 NH 599 2005.  As a result of this decision, the Supreme Court affirmed the long-term tuition agreement between the Bedford School District and the Manchester School District.

The Firm has successfully defended school districts in a number of litigated matters including, but not limited to: First Amendment challenges, Equal Access challenges, claims that the District had an obligation to provide special education services to parochial students and challenges involving cable access.

The Firm’s School Law attorneys represent school districts on all aspects of employment law, including providing advice and counsel on federal laws such as the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Civil Rights Act of 1964, the Equal Pay Act, the Fair Labor Standards Act, and the Family Medical Leave Act.  We assist our school district clients in avoiding liability through the development of effective policies and procedures.  When necessary, we assist our clients with nonrenewal and termination hearings.

In addition, our attorneys represent school districts in all aspects of collective bargaining with unionized staff.  We also have experience before the Public Employee Labor Relations Board and in handling arbitration matters.

Each year, the Firm handles numerous matters involving students with educational disabilities.  In many of those cases, parents are seeking costly out-of-district private school placements at district expense.  Over the years, we have successfully litigated or mediated the vast majority of these cases to the benefit of the school district and child.  Our School Law attorneys have appeared on behalf of school districts before the New Hampshire Department of Education, the United States District Court for the District of New Hampshire, the First Circuit Court of Appeals and the United States Supreme Court.

We have handled numerous matters before the New Hampshire Department of Education involving issues including reimbursement for unilateral placements; eligibility for services; evaluations; reimbursement for independent evaluations; extended School Year programming; provision of services to students in state-created charter schools; district of liability issues; bullying appeals, manifest educational hardship issues; district of liability for homeless students; residency issues; placement in the least restrictive environment; discipline; transition services; placement in alternate school settings; and, assistive technology issues.

Our school law attorneys have successfully resolved many administrative proceedings, either through mediation or resolution sessions, saving districts the time and money associated with due process hearings.

In addition, our School Law attorneys have assisted school districts with the successful resolution of complaints that have been filed with the Department of Education and the Office for Civil Rights.

All educational institutions that receive federal monies are required to comply with Titles IX and VII in creating a harassment-free space for both employees and students.  Institutions not bound by federal regulations still recognize that creating and maintaining a safe environment and culture is critical to the mission, vision and values of their institution.  There are times when following best practices dictates that retaining an outside investigator will be your most prudent option.  After fifteen years of directing criminal investigations for her clients, Robin Melone is now an ATIXA trained civil rights investigator specifically trained in trauma informed investigation techniques.  Having also represented both reporting and responding parties through the Title IX process she understands the law and the process from all perspectives.  She is available to conduct an in house investigation, to advise behind the scenes and to help update policies with an eye to due process and risk management