Education Law

School boards and school administrators have many complex and difficult legal obligations. For more than 20 years, the education law attorneys at the law firm of Thomas, Means, Gillis & Seay, P.C. have been serving as general counsel, providing sound legal advice to help education officials respond appropriately to the legal challenges they face.
Our education law attorneys work closely with school superintendents, school boards, and school district leadership throughout Alabama and Georgia to address personnel matters and student issues, and to negotiate and enforce business contracts and business transactions. We represent educational entities in litigation.
Our Firm has a dedicated Education Law Defense Practice Group. We represent such education institutions and boards as Alabama State University, Birmingham Board of Education, Choctaw County Board of Education, Sumter County Board of Education, and the Alabama Education Association (AEA) and its members.
Our education law attorneys hold memberships in the National Association of College and University Attorneys, the National School Boards Association’s Council of School Attorneys, the Alabama Council of School Board Attorneys, and the National Organization of Lawyers for Education Associations. They are frequent lecturers on education law topics, such as sexual harassment, anti-discrimination policies, and drug testing.

Personnel Matters

The education law attorneys at Thomas, Means, Gillis & Seay, P.C., provide legal counsel on personnel matters to prevent employment problems and to defend against employment-related litigation, including:

• Hiring decisions, employment contract negotiations, and contract disputes
• Staff reorganization
• Tenure hearings and seniority determinations
• Employee compensation and personnel policy development
• Training of administrators and staff
• Employee and union grievances and grievance proceedings
• Employee discipline, due process claims, and teacher and non-certified employee transfers and dismissals under the Alabama Teacher Tenure Act and the Alabama Fair Dismissal Act Transfers
• Discrimination charges, equal protection, freedom of speech, and civil rights issues
• Termination decisions

Student Issues

Student issues constitute a substantial part of our legal practice. We advise schools and school boards on such matters as:

• Development of academic and disciplinary policies
• Student discipline, expulsion, and law enforcement proceedings
• Personal injury claims
• Discrimination claims under Title VI, Title IX, the Americans with Disabilities Act, and the Americans with Disabilities in Education Act
• Special education compliance, Section 504 equal access, and due process hearings
• Search and seizure, drug testing and civil rights litigation
• Buckley Amendment
• Constitutional freedom of speech and freedom of religion concerns

We handle the full spectrum of special education program and placement concerns, guiding educational clients through the complex regulations that govern education for students with special needs. When a dispute arises, our attorneys represent clients in mediation, due process hearings, and in state and federal court.

Transactional and Contract Issues

Our education lawyers advise educational institutions on transactional and contract issues, including employment contracts, purchasing contracts, and the purchase and sale of school property.

Litigation

We work proactively with educational clients to avoid costly litigation, but when lawsuits arise, our education law attorneys are able defenders with many years of experience representing education clients in court on such issues as:

• Age, race, sex, and other forms of employment discrimination
• Sexual harassment
• EEOC and Office of Civil Rights proceedings
• Claims under the Equal Pay Act
• Fair Labor Standards Act
• Open Meetings Act
• Alabama Teacher Tenure Act
• Alabama Fair Dismissal Act
• Americans with Disabilities Act
• Family & Medical Leave Act
• Civil rights litigation in cases of freedom of speech and freedom of religion
• Freedom of Information Act