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SCHOOL LAW PRACTICE
Nowell, P.A. provides the resources of a full
service firm to School Boards and School Administrators.
Nowell, P.A. provides a broad range of assistance
in the following areas:
Litigation Services
We have extensive litigation experience in State
and Federal Courts, as well as before Administrative agencies in tenure and
employment matters, civil rights defense, discrimination and sexual
harassment defense, special education/IDEA disputes, unfair practice
proceedings, tuition recovery, employment arbitration, construction, and
tort claim defense.
Legal Counseling Services
We have provided legal counsel to school boards
on a wide range of issues including Board policy and procedure, employee
discipline and dismissal, student discipline and due process, interlocal
service sharing agreements, the Public School Contracts Law and public
bidding, and special education/IDEA/Section 504.
Regulatory Compliance
Nowell, P.A. has guided school boards and school
administrators in complying with Federal, State and educational statutory
mandates and implementing regulations including the Open Public Meetings
Act, Open Public Records Act, No Child Left Behind Act, and the Educational
Facilities Construction and Financing Act.
Contract Formation, Bidding and Contract
Compliance
We have negotiated and drafted a variety of
contracts and agreements for school districts including building leases,
school construction contracts, professional services agreements, special
education service providers, vendors of every sort, private sector
partnerships, and interlocal service sharing agreements. We also have
prepared bid specifications and contracts and defended bid challenges.
Nowell, P.A. offers an in-depth understanding of
school board and school district operations. We recognize and respond to
each client’s unique conditions, requirements and expectations. Our law firm
is mindful of specific service dynamics and financial constraints as well as
historic political and regulatory constraints facing all school boards.
Nowell, P.A. works closely with Boards and Administrators alike to identify
issues and provide clients with practical and effective solutions.
The substantial experience of Nowell, P.A. in all
areas of school board representation ensures that the knowledge and skills
gained by our attorneys is efficiently applied to best serve each client’s
distinct legal needs and interests.
Our school law practice combines knowledge of a
wide variety with direct experience.
FUNCTIONAL EXPERIENCE
Education Law/School Board Representation
Board Policy and Procedure
School Construction/Public Contracts Law
Civil Rights Defense (§1983, Law Against
Discrimination, Americans With Disabilities Act, Title IX)
Collective Negotiations, Mediation and
Fact-finding
Employee Discipline, Dismissal, and Tenure Matters
Employment Litigation
Student Issues, Discipline and Due Process
Special Education, IDEA and § Guidelines
PERC Matters, Unfair Practice and Contested
Transfer Matters
Open Public Meetings Act
Open Public Records Act
SKILLS
Strategy Development: Establishing a
vision that capitalizes on opportunities, ensures long term viability and
works within fiscal and regulatory guidelines.
Organization and Coordination:
Developing an approach in conjunction with the client that can implement
processes required to bring strategy to fruition.
Advocacy: Translating client’s needs
into strong positions that are understandable and defensible in aggressively
pursuing client’s goals.
Implementation: Establishing a close
working relationship with Board Members and District Administrators who must
make critical implementation decisions and direct them to fulfillment.
Below is a short list of different
accomplishments we have obtained for our School Board clients:
Together with Board bargaining team, resolved
labor impasse and negotiated collective bargaining agreements with public
employee labor unions via PERC mediation and fact-finding proceedings.
Successfully litigated tuition and transportation
cost reimbursement lawsuit on behalf of school district resulting in annual
savings and restitution in excess of $200,000.
Negotiated and prepared Interlocal Services
Agreement providing for sharing of schools superintendent, administrators
and faculty between a public school district (K-12) and a county technical
school.
Successfully litigated Open Public Records Act
dispute before Government Records Counsel in which confidentiality of
teacher recommendations forms submitted in support of pupil applications was
established.
Procured dismissal of Title IX claim by litigant
challenging school’s decision not to provide girls’ athletics team.
Defeated legal challenge to school district’s
provision and implementation of due process to pupil receiving long-term
suspension and claim for attorney's fees.
Participated in investigation of civil rights,
age and race discrimination claims before N.J. Division of Civil Rights and
U.S. Equal Employment Opportunity Commission and secured dismissal of
claims against Boards.
Provided in-service training to school boards and
employees on issues of liability prevention, regulatory and statutory
compliance.
Obtained approvals before Planning Boards for
construction of $5M gymnasium project as well as other capital improvements
and prepared construction contracts in conformity with ECECA requirements
with all contractors.
Assisted Board in preparation of Board Policies
in the course of complete overhaul and update of Board Policy manual and in
preparation of Employee Handbook.