School Liability
Subject to continuously evolving statutes and regulations under state and federal law, educational institutions and entities, as well as the populations that they serve, present unique challenges under the law. At NZA, we are extensively involved in school litigation and advisory work, assisting private, charter, and public schools, school districts, and higher education institutions in a broad range of matters.
Our school law practice is broad and includes many areas of law:
- First Amendment challenges involving prayer and speech at school
- procedural due process and equal protection requirements
- Fourth Amendment search and seizure claims stemming from drugs and contraband
- student and employee safety issues
- student disciplinary matters
- sexual abuse and assault
- child abuse and abuse reporting
- bullying
- special education law
- student athlete injuries
- premises liability for injury on school grounds,
- personal injury stemming from transportation to and from school
In addition, NZA attorneys regularly act as investigators regarding employment related matters and other grievances filed with school districts.
In developing defenses to these claims, we work with the key administrators and teaching staff to ensure that a well-prepared, professional defense is created. We develop a collaborative relationship with school staff, many of whom are inexperienced in litigation, to provide legal and practical support during the pendency of the case or claim. We apply our extensive experience in tort immunity statutes and defenses under the Illinois School Code to minimize liability. We are experienced in all legal aspects of local government organization and operations. We collaborate with our clients at the outset and develop a strategy that is efficient and as minimally invasive as possible, freeing school districts and administrations to focus on their core mission to create safe and effective educational environments.
At NZA, our school law attorneys work as a team to resolve legal matters and reduce, not generate, conflict. Below are some of our representative matters:
- Obtained a dismissal of a school district and administrators in the Northern District of Illinois when a teacher was criminally charged with videotaping students in a locker room.
- Obtained a dismissal of a school district in Cook County when the co-defendant teacher was charged with sexual abuse and assault at the school.
- Successfully defended a school district against a racial discrimination claim in federal court prevailing on summary judgment.