School Law
Karr Tuttle Campbell is both pleased and eminently qualified to be a partner with Washington’s public and private schools in the education of all children in the state. We can meet our school clients’ legal needs promptly, efficiently, and cost-effectively. For administrators and other personnel, Karr Tuttle Campbell offers informative and detailed training in conflict prevention and resolution. Our attorneys help resolve personnel issues; deal with student discipline and the delivery of special education; defend personal injury, including workers compensation, and employment discrimination claims; handle various contract matters, including those associated with real estate use, acquisition, and construction; and counsel schools on other issues as they arise.
Preventing Legal Problems
If litigation becomes necessary, our attorneys are well equipped to represent any school or school district on virtually any type of civil claim. However, we believe in the “ounce of prevention” approach to avoiding major legal problems. We help clients anticipate legal needs and encourage their seeking our counsel in a manner and at a time when action will prevent litigation.
Expertise
Our school law attorneys include a former teacher and school administrator as well as members of the board of the Washington Council of School Attorneys and a former president of that organization. They have done amicus briefing regarding student disability and records questions before the Ninth Circuit Court of Appeals on behalf of the NSBA Council of School Attorneys.
Handling School Employment Issues
In the area of employment law and labor relations, the attorneys in Karr Tuttle Campbell’s Labor and Employment Relations Department, have represented a wide range of public and private employers, including schools and school districts.
All issues related to certificated and classified employees fall within the firm’s experience and are handled regularly by our attorneys. Such issues include: employee evaluation, discharge, and discipline; contract grievances and arbitration; employee benefits, personnel policies, and handbooks; negotiations and other collective bargaining issues; workers compensation and unemployment compensation; employment discrimination; certification; reductions in force; wage and hour disputes; and free speech and academic freedom issues. The firm also conducts training programs on these subjects for clients, as well as advises clients on other specific matters that might arise.
Representative Matters
The school law attorneys have advised school districts about compliance with the Family Educational Rights and Privacy Act (FERPA) and have represented school districts in cases involving petitions to change district boundaries, “Choices” applications, the Office of Professional Practices, and the Department of Retirement Systems. The firm regularly responds to school district inquiries about the Open Public Meetings Act, the Public Records Act, and related open-government laws. Our lawyers also draft and review board resolutions, policies and procedures, covering such topics as employment matters, student rights and responsibilities and other issues.
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Hoagland v. Mount Vernon School District No. 320, et al. For the district Karr Tuttle Campbell tried and won this administrative hearing, after the state supreme court set forth rigorous standards applicable to the termination of certificated employees.
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Williams et al. v. Seattle School District No. 1. We represented the district on appeal in this case, which confirmed broad discretion in school boards and superintendents to transfer vice principals to teaching positions.
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Camer v. Seattle School District No. 1. Our attorneys represented the district in this case, which involved an important appellate decision holding the front on the issue of educational malpractice claims in the state of Washington.
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Maksirisombat v. Seattle School District: We defended the district in this discrimination lawsuit, in which the district prevailed after a jury trial.
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Brown v. Seattle Public Schools, et al. This published appellate case dealt with a public records request for performance evaluations of a principal. We successfully argued that such records are exempt from disclosure under the Public Disclosure Act .
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Bierlein, et al., v. Byrne, et al. Our team successfully defended the Castle Rock School District in this published appellate case, in which summary judgment dismissing the plaintiffs’ claims of sexual harassment was granted and upheld at the court of appeals.
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In a number of cases our attorneys have obtained summary judgments in favor of school districts. For example, we successfully represented the Ridgefield School District in a case involving a claim by a real estate agent for a commission related to the procurement of property for a school construction site. We also have obtained summary judgments in favor of districts in cases involving claims for overtime and unpaid wages, employment discrimination, defamation, and other tort claims.
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In the Matter of the Recall Charges against Seattle School District No. 1 Directors Brita Butler-Wall et al., 162 Wn.2d 501 (decided on December 13, 2007). Karr Tuttle successfully represented the district in this case, in which recall petitions were filed against five school directors based on a community member’s disagreement with the board’s decision to adopt a school closure plan.
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Our attorneys also have carried cases involving the nonrenewal and discharge of certificated employees through administrative hearings and appeals to the superior courts, a number of them involving sensitive issues of alleged teacher misconduct related to students in which young witnesses have been central to the district’s case.
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Hudson v. Seattle School District: We represented the district in this sensitive matter concerning public records requests by The Seattle Times and the Seattle Post-Intelligencer for files concerning an investigation of sexual misconduct by a teacher and the teacher’s subsequent suicide.
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Karr Tuttle Campbell has represented school districts at the district level and in superior court and district court in a number of student discipline cases, including those involving special education students. Such cases ranged from advising building administrators, to assisting district hearing officers and/or the board of directors with their appellate responsibilities.
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We have also represented school districts in many special education due process hearings, and in subsequent appeals of administrative decisions in special education cases to state or federal courts. In one such case before the Ninth Circuit Court of Appeals (P.N., parent of T.N., a minor, v. Seattle School District, No. 1) we helped the Seattle School District to defeat a claim for attorney fees.
Our attorneys have worked with schools and school districts in numerous cases before the Public Employment Relations Commission, the Equal Employment Opportunity Commission, and the Washington State Human Rights Commission and in arbitrations arising under the grievance and arbitration provisions of collective bargaining agreements with unions representing both certificated and classified employees.
Our Clients
We have represented all sizes of public school districts, private schools, education-related institutions and other municipal corporations. We regularly assist and represent the following districts: Seattle, Evergreen, Sumner, Camas, Ridgefield, Northshore, Bellevue, Snoqualmie Valley, Tacoma, and Mossyrock. We represent other districts on a case-by-case, as-needed basis. For many years, Karr Tuttle Campbell also has represented Educational Service District No. 112, as well as public utility districts, cities, and counties of various sizes.
Education and Outreach
Karr Tuttle Campbell attorneys are frequent speakers on topics of interest to school clients. Examples include:
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Series of trainings on behalf of Educational Service District 112 to superintendents, building administrators and managers concerning certificated and classified personnel issues in public schools (“Sharpening Your Personnel Skills”)
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Free, day-long seminars for firm clients with presentations concerning legal developments affecting private and public employers
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Other presentations include: “Evaluation of Non-Supervisory Certificated Personnel,” an “Employment Law Briefing,” “Section 504 v. The IDEA in Washington,” “The ABCs of Teacher Liability in Washington,” “Washington Special Education Law,” “IDEA Reauthorization,” and “School Law Issues in Washington”
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Sexual harassment and discrimination
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Disability accommodation
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Special education
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Wage and hour issues
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Hiring and firing
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Student and employment records
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Leave issues