Education Law Attorneys Protecting New York Students & Teachers

For Students & Families

We pursue access, services, and remedies in special education and anti-discrimination matters.

Special Education Due Process

• Special Education Due Process Hearings
• IDEA — Individuals with Disabilities Education Act
• Section 504 of the Rehabilitation Act of 1973
• FAPE — Free Appropriate Public Education violations
• IEP challenges and placement objections
• Private school reimbursement & compensatory education

Discrimination in Educational Institutions

• New York State Human Rights Law (disability, religion, gender, race, creed, color, sex, sexual orientation, and more)
• ADA — Americans with Disabilities Act violations
• 42 U.S.C. § 1981 — race discrimination in private schools
• Title VI — national origin & religious discrimination
• Title IX — sex discrimination & sexual harassment

For Teachers & School Staff

Educators can bring claims under the NYSHRL, Title VII, the ADA, and the ADEA — even when covered by a collective bargaining agreement (CBA).

CBA + District Discrimination: Quick Roadmap

• Review your CBA for a “clear and unmistakable” waiver of court rights.
• If a waiver exists, exhaust the grievance/arbitration process first.
• No waiver or urgent harm? Include DFR and breach of contract when you sue.
• Determine if the CBA waives the Education Law § 3813 notice requirement.
• If not waived, serve a notice of claim within 90 days (state-law claims).
• Offer/schedule a GML § 50-h Examination of Claims.
• Confirm the CBA doesn’t shorten limitations or add conditions.
• Offer to adjust (settle) and document good-faith efforts.
• Sue within one year and ninety days against the district.

Tenured Teacher Representation & Fee Recovery

Tenured teachers in New York are entitled to robust protections under Education Law §3020-a, which governs disciplinary hearings for alleged incompetence or misconduct. These hearings function much like arbitration, and teachers have the right to retain private counsel — even if their union provides representation.

Importantly, tenured teachers can recover attorneys’ fees in certain cases where they prevail, providing a safeguard for those who must defend their careers and reputations. A private attorney can make a critical difference by challenging improper charges, cross-examining witnesses, presenting exculpatory evidence, and ensuring that due process is followed throughout the proceeding.

Discrimination, Retaliation & Harassment

We bring and defend civil actions under federal and state law, including ADA, Title VI & 42 U.S.C. 1981, Title IX and the NYS/NYC Human Rights Laws, for discrimination, harassment, and retaliation impacting students and school employees.

• Protected-class discrimination and hostile environment claims
• Retaliation after reporting misconduct or exercising rights
• Litigation following flawed investigations or discipline

School Employee Lawsuits (Discharge, Retaliation & CBA Issues)

We represent teachers and staff in wrongful termination, retaliation, and CBA-related disputes as well as contract enforcement and defense.

• Breach of contract and disciplinary challenges
• Protected-activity retaliation and whistleblower claims
• Hearing preparation and litigation strategy aligned with CBA frameworks

Injuries & Negligence on School Grounds

School-site injuries often sound in premises liability, negligent supervision, or unsafe facilities. We litigate claims for students, visitors, and staff.

• Slip, trip, and fall incidents; playground and sports injuries
• Defective or poorly maintained equipment or premises
• Transportation and campus security incidents

Defamation, First Amendment & Recreational Activities Discrimination

We litigate defamation, reputational harm, and discrimination cases that intersect with free speech, athletics, and extracurricular participation.

Faculty on Student Injuries

• School district is liable for the negligent acts of its employees committed within the scope of their employment.
• Negligent Hiring / Retention: Liability extends to acts outside the scope of employment when the district knew, or should have known, the employee posed a risk.

Student on Student Injuries

• Negligent Supervision: Failure to monitor or intervene in foreseeable harm situations.
• Failure to prevent foreseeable injuries when there is a known history with the assailant.
• Inadequate supervision that directly and proximately causes injury.

Sports & Extracurricular Injuries

• Lack of Proper Training or Instruction: Coaches failed to provide adequate safety instruction or proper technique guidance.
• Failure to Provide Safe Equipment: Schools issued defective or ill-fitting gear (helmets, padding, etc.).
• Failure to Provide Appropriate Medical Care: Failure to timely respond or properly treat an injury.

Premises Liability & School Bus Accidents

• Injuries caused by dangerous conditions on school grounds, faulty equipment, or poor maintenance.
• Negligent driving, violations of the Vehicle and Traffic Law, or inadequate supervision on school buses causing injury.

Defamation & Reputation Harm

• False statements by students, faculty, or school officials damaging reputation.
• Online defamation or false publications related to school incidents.
• Retaliation or discipline tied to speech protected under the First Amendment.

Breach of Contract & Education-Related Business Disputes

We represent schools, vendors, and service providers in disputes over performance, billing, facilities, and construction that impact educational environments.

• Service agreements, facilities and leasing disputes
• Vendor or construction claims and payment conflicts
• Injunctions and damages actions

Whistleblower & Compliance-Related Litigation

We litigate retaliation claims and navigate parallel government inquiries when disclosures involve misuse of funds, reporting failures, or policy violations in school systems.

• Retaliation after protected disclosures
• Retaliation after whistleblowing by reporting misconduct or exercising rights
• Responding to subpoenas and investigations
• Coordinated defense strategies