PRACTICE AREAS
Kingsley Bogard offers best-in-class service to public-sector clients facing a wide array of legal challenges.
GOVERNANCE AND RELATED MATTERS
Public agencies are subject to a plethora of rules and requirements with regard to their general governance. Even when there is no intent to do so, it is easy to inadvertently violate one or more provisions of the law.
Kingsley Bogard has extensive experience in helping agencies navigate the complexities of compliance in areas of the law such as:
• Open Meetings (The Brown Act)
• Public Records
• Joint Powers Authorities
• Elections
• Ethics
• Conflicts of Interest
MERIT SYSTEMS
Public agencies that use a merit system for human resource selection and management know there are several pitfalls and challenges in its application. School districts and county offices of education need legal counsel with experience and expertise in this specialized area of law.
Kingsley Bogard provides legal advice, representation, and litigation defense to merit system employers and commissions on a full range of issues. We also stand ready to serve in conflict matters where separate legal counsel must be appointed to represent divergent interests of the agency or district and the personnel commission.
BUSINESS AND FACILITIES
An endless variety of issues wait for public bodies in managing the business of a district or agency. We advise clients on every aspect of this broad category of law, from due diligence research and initial negotiations, to project approvals, finalizing public contracts, and project oversight.
Our clients rely on our attention to detail and commitment to thoroughly understand the complex legal issues in this arena, as well as extensive experience in partnering with contractors and the complex methods of project delivery.
Our emphasis is on keeping our clients out of conflicts and focused on managing their agencies. Our work includes representing our clients in issues including:
• Public Bidding and Bid Disputes
• Joint Powers Agreements
• Leases & Licenses
• Developer Fees Issues
• Easements
• Consultant Contracts
• Financing
• Alternative Construction Delivery Methods
• Architect / Engineer Negligence & Claims
• Construction Contracts & Bid Documents
• Construction Disputes & Litigation
• Land Acquisition and Development
• Title Issues
• Condemnation / Eminent Domain
• Environmental and Regulatory Compliance (CEQA and NEPA)
Acquiring necessary land in a school district requires expertise in multiple disciplines. A district needs legal counsel with experience in buying real property, managing condemnation proceedings, dealing with local, state and federal government agencies, and negotiating with private developers. A district needs help to manage the processes at the State Allocation Board, the Office of Public School Construction, and the Office of the State Architect. And, it needs expertise in complying with the State School Building Lease-Purchase Program, the Naylor Act, the Field Act, the Williamson Act, and more.
Our firm’s model documents make preparing complex, legally sound public works bid packages and other contract and purchasing documents easier for our clients. We also have extensive experience clients in connection with architectural, engineering and construction management contracts, as well as issues involving intellectual property and technology acquisition.
STUDENT SERVICES
Today, school districts must take an active approach to student services and special education matters.
Our firm provides counsel to school districts on issues such as student discipline, free speech rights, bullying/harassment, student records, religion in schools, Title IX, search and seizure issues, drug testing, athletic eligibility, child protection laws, and much more. We draft, review and create student handbooks, student codes of conduct and board policies and procedures. Our expertise is such that our attorneys are frequent presenters on student rights issues to school districts, as well as to leading educational organizations and associations.
We’re here for our clients whatever needs arise, in these and other categories:
• Student discipline investigations
• Student records
• Civil rights issues including Title IX actions
• First Amendment and freedom of expression issues
• Student contracts, student handbooks, individual behavioral contracts
• Board policy and administrative regulations
• Student permits/attendance
• Bilingual education
• Breach of contract issues
• U.S. Department of Education and Office of Civil Rights investigations
• Educational malpractice actions
SPECIAL EDUCATION
Schools often face challenges regarding the appropriate provision of services to a student with disabilities. Kingsley Bogard regularly advises and represents school districts on a wide variety of special education issues that arise under California and federal laws. We work with you to find reasonable solutions in the areas of due process hearings, state and federal court proceedings, Section 504 issues, state and federal complaint procedures, mediation, litigation and accommodations and modifications to existing curriculum and facilities.
When an acceptable resolution cannot be negotiated, our litigation experience covers the entire range of issues entailed in the special education arena. We have successfully handled administrative hearings, administrative appeals, judicial trials, and appeals.
CHARTER SCHOOLS
Charter schools present opportunities and challenges for our public education clients. Kingsley Bogard has the expertise to advise clients on all charter school matters.
These include:
• Petition Review and Approval/Denial
• Oversight
• Renewal/Revocation
• Labor and Employment
• Special Education
• Policies and Procedures
• Facilities
EMPLOYMENT AND LABOR RELATIONS
Employment and labor law is a broad and complex area of practice which impacts every aspect of the employer and employee relationship. Our firm has substantial expertise in the representation of clients before civil service, personnel boards, arbitrators and other administrative agencies that affect California employers such as:
• California Department of Labor Standards Enforcement
• State Teachers Retirement Systems
• United States Department of Labor
• Pubic Employees Retirement System
• Equal Employment Opportunity Commission
• California Department of Fair Employment and Housing
• California Employment Development Department
These proceedings have covered the full spectrum of employer-employee relations matters, including:
• Wage and Hour Matters
• Training for Supervisors and Employees
• Teacher Credentialing and Evaluation Issues
• Department of Fair Employment and Housing (DFEH) or Equal Opportunity Commission
(EEOC) Complaints
• Discipline or Termination of Employees
• Whistleblower Claims
• Civil Service and Arbitration Appeals
• Drafting Personnel Policies, Forms and Handbooks
• Grievance Arbitrations Discrimination and Wrongful Discharge Litigation
• Strategic Planning and Implementation of School District Layoffs
• Family Medical Leave Act (FMLA)
• California Family Rights Act (CFRA)
• Americans with Disabilities Act (ADA)
• Occupational Safety and Health Administration (OSHA)
• Age Discrimination and Employment Act (ADEA)
• Title VII
Our attorneys are experienced in negotiating appropriate resolutions to compliance complaints that have been filed with the California Department of Education, as well as the Federal Office for Civil Rights (OCR).
