Private & Public General Education Law Practice

Mickes O’Toole Education Law Practice lawyers have helped school districts navigate the fine balance between constitutional rights of students and the rights of educational institutions.

The firm has litigated the first federal case in which a court held that a student did not have the constitutional right to participate in extracurricular activities. Thus, upholding a school board’s right to establish standards for participation in such activities. Firm education law attorneys have successfully defended a district’s right to bar the wearing of a Confederate flag and other racially divisive items.

Mickes O’Toole, LLC is the first and only full service school law firm to form a specialty group devoted exclusively to represent school districts in special education disputes. The Special Education Practice Group is comprised of the foremost special education litigators in the Midwest.

School law attorneys assist districts in complying with the substantive and procedural requirements of the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973 and the special application of FERPA to the educational records of special education students. It has extensive experience in resolving disputes between school districts and parents of disabled students under both IDEA and Section 504. Special education experience spans the entire spectrum from basic administrative proceedings through complex litigation–including Office for Civil Rights investigations, due process hearings, state level review proceedings, and state and federal litigation culminating in settlement, trial, or resolution on appeal.

Family and Medical Leave Act (FMLA) litigation matters are best avoided by developing appropriate and effective Board policies and practices. The firm has prepared and/or reviewed and revised FMLA policies for over 200 school districts and colleges.

Most FMLA suits involve allegations that employees were retaliated against for exercising their FMLA rights. These suits generally occur because of poor timing and lack of documentation. Mickes O’Toole education law attorneys have successfully counseled clients at this pre-litigation stage to avoid lawsuits and ensure that the District’s education decisions are upheld in court.

With the shortage of funds experienced by school districts, pension and employee benefits issues have become critical. Firm education law attorneys have prepared HIPPA policies, regulations, notices, forms, and contracts. Mickes O’Toole represents multiple districts with self funded insurance and has assisted these districts in developing and administering the programs.

The Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, and Breach Notification Rules (the HIPAA Rules) protect individuals’ identifiable health information held by covered entities and their business associates (called “protected health information” or “PHI”).

Covered entities under HIPAA are health care clearinghouses, health plans, and most health care providers. Business associates generally are persons or entities (other than members of the workforce of a covered entity) that perform functions or activities on behalf of, or provide certain services to, a covered entity that involve access to PHI.

The Privacy Rule, among other things, regulates the uses and disclosures that a covered entity or business associate may make of PHI.

The Security Rule requires covered entities and business associates to implement administrative, physical, and technical safeguards to secure electronic PHI.

The Breach Notification Rule requires covered entities to notify affected individuals, the Department of Health and Human Services (HHS), and, in some cases, the media (and business associates to notify covered entities), of breaches of unsecured PHI.

Americans with Disabilities Act (ADA) cases often interrelate with FMLA and Workers’ Comp issues. In analyzing ADA matters, care must be taken to consider the interplay of other federal and state statutes.

The Special Education Law Litigation Group attorneys are frequently called upon to provide training on the interplay of these statutes. It assists districts in developing accurate job descriptions setting out the “essential functions” of each job category – the key to successfully resolving ADA accommodation issues. The Firm’s Special Education Law Litigation Group attorneys have regularly and successfully defended districts in ADA and ADA retaliation suits.

Office of Civil Rights (OCR), a component of the Department of Education, is charged with enforcement of a variety of federal civil rights statutes including Section 504, Title VI, and Title IX. Mickes O’Toole education law attorneys routinely represent school districts in administrative investigations by OCR personnel.

Representation includes preparing responses to document requests, development of position statement, and where appropriate negotiating resolution agreements.

Family Educational Rights and Privacy Act (FERPA) mandates confidentiality of student educational records. The firm’s education law attorneys routinely advise districts concerning the differing requirements of these two related statutes.

We also prepare key policies and notices concerning directory information, parental rights to inspect records, defining “educational records,” and preparing FERPA grievance procedures.

Mickes O’Toole, LLC represents boards of education and public elected officials on liability issues. Its education law attorneys conduct a series of six seminars at various locations on this topic.

Mickes O’Toole is one of two law firms retained by the Missouri United School Insurance Counsel (MUSIC) to represent its more than 400 member districts on such matters.

Mickes O’Toole education law attorneys work with school clients in Sunshine Law issues by providing training to Board members and staff; by preparing policies involving district records, and in litigating alleged violations of the Act.

Mickes O’Toole education law attorneys are often called upon to assist districts in disputes with individual vendors.

Mickes O’Toole school law attorneys minimize these disputes by reviewing and revising vendor contracts to minimize the likelihood of vendor-initiated litigation.

As districts look to find ways to save money and improve services, collaborative relationships become more frequent. In order to obtain better medical insurance coverage at more favorable rates, Mickes O’Toole has assisted several groups of districts in establishing health insurance consortiums.

Because our school district clients include some of the fastest growing school districts in the country, Mickes O’Toole has substantial experience in assisting districts in the acquisition of building sites. Representation routinely includes advice on construction, architect and builder contracts, as well as general construction matters.

The firm is well experienced in advising and negotiating TIF issues on behalf of Missouri districts. The firm’s real estate and litigation attorneys are also well qualified in the law of eminent domain. They also assist districts in disposal of surplus real and personal property.

Mickes O’Toole is called upon to negotiate equipment lease agreements, as well as service agreements involving student transportation, food service and maintenance.

Regardless of whether these arrangements are straight lease, lease purchase, or purchase contracts, it has successfully negotiated contracts ensuring district benefit, student safety, and cost savings.

A significant portion of the firm’s practice is devoted to assisting school districts in dealing effectively with problem teachers, both probationary and tenured. Attorneys advise school administrators on legal requirements in terminating incompetent teachers. They also help draft warning letters, notices of deficiencies, statements of charges, and other statutorily required notices.

In addition, the firm’s education law attorneys have experience representing school districts in the whole gamut of employment problems: probationary teacher non-renewals, employee arbitrations, sexual harassment, overtime, Fair Labor Standards Act issues, unemployment compensation appeals, reductions-in-force, Americans with Disabilities Act issues, and discrimination complaints by employees and former employees. Mickes O’Toole school law attorneys perform audits of district personnel programs.

Mickes O’Toole’s education law practice originated in the area of teacher association/school board relations. Several of the firm’s school law attorneys are experienced in the negotiation of agreements with teacher and non-teacher groups. Its education law attorneys also have experience in the administration of collective bargaining agreements and in the defense and prosecution of unfair labor practice charges.

Mickes O’Toole attorneys have successfully represented many districts in union representation elections and in bargaining with both certified and non-certified employee groups.

Mickes O’Toole education law attorneys constantly monitor the state and federal legislative process as well as, the myriad of regulations issues at both levels. The firm is also proactive in assisting legislators in drafting bill to help districts perform their educational mission.

Mickes O’Toole represents school districts in the area of construction law in two phases. First is the pre-construction phase. In this area we prepare or review and revise bidding specifications, general conditions, architects, construction manager, and builder contracts.

The other aspect is litigation over construction disputes. This involves disputes from all aspects of projects ranging from failure to timely complete to construction defects.