Trial and Appellate Practice

Public School Governance

Personnel and Employment Matters

Business and Commercial Transactions

Real Estate Transactions

Delinquent Property Tax Collection and Appraisal District Representation

Student Discipline

Special Education

Construction

Public Finance

Trial and Appellate Practice
The firm represents clients in all state and federal trial and appellate courts, including the Supreme Court of Texas and United States Supreme Court. It also represents clients in local administrative hearings as well as before the Texas Education Agency, State Board for Educator Certification, Texas Commission on Human Rights, and University Interscholastic League.

Public School Governance (top)
The firm advises Texas public school districts regarding the powers and duties of trustees individually and as a body, including the relationship between the board of trustees, the superintendent, and other employees. Attorneys also advise districts on issues of budgeting and spending; conduct of board meetings and of hearings and proceedings occurring during board meetings; consideration and drafting of policies; rights, limitations, responsibilities and liabilities of board members; management and personnel issues, including nepotism prohibitions, open meetings, and open records issues.

Personnel and Employment Matters (top)
Attorneys with the firm advise and represent governmental agencies in personnel and employment law. Attorneys review and draft employment contracts, including probationary, term and continuing contracts, superintendent contracts, and advise clients regarding reassignment, resignation, termination, non-renewal and separation agreements. The firm also advises and represents its clients with respect to employee claims of age discrimination, racial discrimination, sexual harassment, retaliation, violation of whistleblower law, wrongful termination, and breach of contract. The firm also prepares in-service presentations for employees and administrators with regard to changes and developments in personnel law.

In addition, the firm represents school districts at all levels of personnel grievances, including proceedings before independent hearing officers and the Commissioner of Education. Attorneys advise clients on issues involving the Americans with Disabilities Act, the Family and Medical Leave Act, Fair Labor Standards Act, employment benefits, workers’ compensation, remediation, suspension, evaluation and appraisal, certification requirements, professional immunity, and responses to requests for information in an employee’s file.

Attorneys assist in investigations involving the Office of Civil Rights, Texas Commission on Human Rights, and Equal Employment Opportunity Commission. In addition, the firm represents clients in employment matters before these agencies, the Texas Education Agency and in U. S. District Courts, State District Courts, various courts of appeal, including the U. S. Court of Appeals for the Fifth Circuit, and the Texas Supreme Court.

Business and Commercial Transactions (top)
Attorneys advise clients on a wide variety of business and commercial transactions, such as requests for proposals, general, personal and professional services agreements, purchase orders and agreements, energy management contracts, computer and software licensing agreements, general liability and property casualty insurance policies, communications systems, employee benefits, beverage supply company contracts, and rental agreements with individuals and organizations for use of governmental property and/or facilities.

The firm also reviews, negotiates and drafts lease/purchase and lessor/lessee agreements with private individuals and organizations, as well as interlocal agreements between governmental entities.

Real Estate Transactions (top)
Attorneys negotiate and oversee legal aspects of real estate transactions. The firm’s attorneys draft contracts to purchase, sell or exchange real estate and also advise clients regarding legal requirements for each. The firm’s involvement in most real estate transactions begins at the negotiation stage and continues through closing. The firm has experience in negotiating, drafting and reviewing all documents necessary to consummate real estate transactions including earnest money contracts, development agreements, escrow agreements, leases, deeds, closing statements and other closing documents. Additionally, the firm represents governmental agencies in all aspects of condemnation proceedings.

Delinquent Property Tax Collection and Appraisal District Representation (top)
Attorneys collect delinquent ad valorem taxes for clients. Every July, and at other times throughout the year, attorneys send demand letters to delinquent taxpayers regarding payment of their taxes. Attorneys prosecute lawsuits in both state district and justice courts to collect unpaid taxes. Attorneys also initiate foreclosure and execution procedures to collect on unpaid judgments for delinquent taxes at the request of their client.

Attorneys represent the clients in pending Chapter 7, Chapter 11, and Chapter 13 bankruptcy cases in all United States Bankruptcy Courts which concern property and debtors located within the school districts’ taxing jurisdictions. Attorneys file Notices of Appearance, Proof of Claims, and when necessary, Objections to Plan Confirmation and Motions to Dismiss on behalf of the clients to protect their interests as creditors.

In addition to the collection of property taxes, attorneys represent appraisal districts regarding property valuation, employment concerns, drafting and review of policies, and other issues, provide legal advice to school districts’ tax assessors regarding Texas property tax laws, and monitor and notify school districts of changes in tax laws adopted by the Texas Legislature.

Student Discipline (top)
Attorneys with the firm participate in student discipline hearings before Boards of Trustees, and advise building and central level administrators on matters of student discipline. Issues most commonly encountered include removal of a student from the regular educational program, suspension, expulsion and placement in an alternative education center or juvenile justice facility. The firm also drafts and reviews district policies, such as drug and alcohol use and mandatory/permissive expulsion.

Attorneys counsel districts with regard to the applicability of criminal law in the student discipline setting, discipline issues regarding special education students, requirements regarding notification and disclosure of student records to appropriate authorities, and handling requests for information from the media. The firm also advises and represents school districts in expulsion appeals to district court and other general litigation.

The firm also conducts in-service presentations for administrators, superintendents and board members regarding student discipline. Topics include legal issues involved in due process requirements, use of charge forms and notification letters, presentation of cases at building level and on appeal, presentation of cases before the board of trustees, and expulsion appeals to district court.

Special Education (top)
Attorneys advise special education teachers, administrators, and directors with regard to all aspects of special education law. Attorneys at the firm attend and participate in Admission, Review and Dismissal Committee ("ARD") meetings and conduct in-service presentations. Such presentations address the proper procedures before, during and after an ARD, who should attend, minutes content, and other related issues. The firm also represents school districts in mediation and due process hearings before special education hearing officers as well as in federal court.

Attorneys also counsel districts on all aspects of the Individuals with Disabilities Education Act ("IDEA"), including discipline of special education students, "stay put", change in placement, evaluations, and issues related to providing Free, Appropriate, Public Education in the Least Restrictive Environment.

The firm also reviews and drafts Shared Services Agreements in which two or more school districts jointly operate a special education program.

Construction (top)
The firm negotiates contracts on behalf of its clients with architects, construction managers, and general contractors. The firm also litigates in this area. Attorneys advise on all aspects of construction contract negotiation and drafting, including issues regarding bidding requirements, construction manager-at-risk, and design-build contracts, requirements regarding employment of registered architects and engineers, bid specifications, payment and performance bonds, general and supplementary conditions, change orders, contract termination, zoning concerns and other issues regarding cooperation with cities and other governmental entities.

In addition, attorneys advise clients with regard to environmental issues affecting real estate, construction projects, and contracts. The firm also prepares and gives presentations that address issues commonly faced with respect to construction law.

Public Finance (top)
The firm is experienced in public finance and is listed in The Bond Buyers Municipal Marketplace ("The Red Book"). In addition, the firm advises and assists clients with respect to bond elections and issuance of tax-exempt bonds. The firm’s attorneys also assist clients in developing, negotiating, and drafting tax abatement agreements, tax increment finance zone agreements, and freeport exemption agreements. Attorneys represented numerous school districts in the Edgewood line of school finance litigation and have argued school finance law before the Supreme Court of Texas.

Attorneys Not Certified by the Texas Board of Legal Specialization unless otherwise noted. No designation has been made by the Texas Board of Legal Specialization for a certification of special competency in the field of school law.