Kutak Rock’s education law team represents public school districts, charter schools and other public entities throughout the United States, delivering practical, experience-driven counsel on the issues that matter most to K–12 leaders. We advise on the full spectrum of education law, including school administration, student rights and discipline, special education and Section 504 compliance, Title IX, human resources, labor and employment, FERPA and student privacy, open government requirements, real estate and construction, business services and transactions and school governance. From large urban districts to small rural systems, we partner with superintendents, boards and administrators to resolve problems efficiently, manage risk and advance educational missions.

General Counsel for Public Schools and Public Agencies
As experienced outside general counsel to schools and public employers, we routinely advise boards, superintendents and administrators on the day-to-day operational, governance, policy, personnel and compliance issues that schools face. 

Student Services and Special Education
We counsel districts on student rights and discipline, special education, IDEA, Section 504, Title IX, FERPA and student privacy. We also represent clients in responding to dispute resolution proceedings, including mediations, special education due process hearings, community complaints and judicial proceedings and inquiries from the Office for Civil Rights and state education departments. Our focus is on resolving disputes efficiently while developing defensible processes that support district goals.

Open Government 
Our team has significant experience providing general counsel on all matters arising under open public meetings and records laws. The firm’s experience includes working with districts, cities and public agencies in all areas of public records compliance, from adopting basic procedural requirements to comprehensive understanding of the practical issues and difficulties agencies face in the day-to-day handling and processing of public records requests, including public record storage, retention and destruction.  We also regularly advise public bodies on the requirements of open public meeting laws and help to manage procedural requirements regarding public meetings, executive sessions, and the conduct of meetings. 

Labor and Employment 
We advise schools and other public entities on a full range of employment matters, including employee handbooks, codes of conduct and workplace policies; employment, severance, confidentiality and nondisclosure agreements; collective bargaining agreements, negotiations and employee relations; and accreditation, certification, licensing and tenure. We also counsel clients on hiring, performance management, discipline and dismissal of certified and classified employees; leave, accommodation and disability-related matters; background checks, drug testing and privacy matters; and employee use of organizational property, confidential information and technology. Our team conducts workplace investigations, including those involving whistleblower complaints and harassment allegations, and assists with reductions in force and group separations. 

Administration, Regulatory and Compliance
Our attorneys are adept at addressing the day-to-day operational issues that schools and other public entities face. Through a unique understanding of compliance and policy obligations, tailored training, and proven response protocols, we help clients improve transparency, reduce risk and respond effectively to evolving legal obligations.

Real Property and Environmental Matters
We are well-acquainted with the process schools undertake to acquire, lease, construct and sell school district facilities. To assist with any real property needs and special projects as they arise, our education law practice includes attorneys experienced in advising on all aspects of real property acquisitions and dispositions; leasing; school siting; environmental law; development and construction; contracting and bidding; finance; and construction litigation.

Public Finance, Facilities and P3
Our attorneys structure tax-exempt and taxable financings for school districts, charter schools and other public entities. We advise on levies, bonds, leases, certificates of participation and public-private partnerships (P3) to help clients deliver critical schools and civic infrastructure.

Kutak Rock serves as outside counsel to a school district on what are, to our knowledge, the nation’s first and only K-12 P3 projects. 

We have also advised on more than 200 P3 projects for public-sector and private-sector participants, spanning education, housing, health care, transportation, energy, utilities and public infrastructure. Our team supports clients throughout the project life cycle—from strategy, legislative and procurement planning through negotiation, financial close, implementation and dispute resolution.