The Education Law Group leads its service to clients with legal counseling and guidance to manage risks and prevent litigation. When there is a law suit, our attorneys aggressively protect client’s interests. The following list of cases is an illustration of our attorneys' experience in litigation specific to education law.
CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. THE RESULTS ILLUSTRATED DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER.
E. v. School Board (IDEA Administrative Due Process Hearing 2004), sustaining school division’s position that a student diagnosed as learning disabled was not eligible for services under either the IDEA or Section 504.
B I v. H., No. CH03004105 (Clarke County Cir. Ct. 2003), Virginia Freedom of Information Act litigation upholding public body’s actions in giving notice and holding special meeting.
B II v. H., No. CH03004101 (Clarke County Cir. Ct. 2003), sustaining public body’s motion to strike and demurrer, based on procedural grounds, in Virginia Freedom of Information Act enforcement proceeding.
P. v. School Board (IDEA Administrative Due Process Hearing 2003), sustaining school division’s position that a learning disabled student demonstrated sufficient education progress as to make a private placement inappropriate.
R. v. School Board (IDEA Administrative Due Process Hearing 2003), sustaining school division’s position against numerous charges that it failed to implement student’s IEP.
Hewitt v. School Board, et al., CH01-432 (Frederick County Cir. Ct. 2002), petition for appeal refused (Virginia Supreme Court 2002) dismissing defense of scholarship applicant’s suit against educators who served on testamentary charitable trust scholarship selection committee.
L. v. School Board (IDEA Administrative Due Process Hearing 2002), sustaining the school division’s position that a mild MR student demonstrated sufficient educational progress as to make a private placement inappropriate.
S. v. School Board, Law No. 2001-L-240 (Winchester Cir. Ct. 2001), defending injunction litigation by parents and student in their challenge to long-term suspension of student.
P. v. School Board (IDEA Administrative Due Process Hearing 2001), affirming the school division’s determination that a child was not eligible for special education services because the child’s psychological/emotional conditions did not adversely affect his educational performance.
Newton, et. al., v. V. C. James Slye, et. al, 116 F.Supp.2d 677 (W.D. Va. 2000), raising First Amendment Free Speech claims of teacher, students, and book publishers; defeated on a preliminary injunction request brought in a federal court suit by the ACLU.
Sullivan v. School Board, June 16, 1999 (Warren Co. Cir. Ct.), successfully upholding the decision to terminate the employment of a classified employee over a constitutional challenge to the process utilized in the termination.
W., et al., v. School Board, July 15, 1999 (Winchester City Cir. Ct.), affirming School Board’s decision to expel a student who attempted to avoid discipline by unilaterally withdrawing from school after e-mailing a bomb threat to school.
Crisp v. College, No. 96-0141 (H) (W.D. Va. 1997) (Bench Op.), ADA employment discrimination case, with the federal court granting judgment in favor of the college employer.
Williams v. School Board, 940 F. Supp.143 (W.D. Va. 1996), affd. (4th Cir. 1997), a federal court decision upholding the School Board's termination of a teacher who had become the subject of child abuse allegations.
Gibson v. Public Schools (Augusta Co. Cir. Ct. 1996), defending breach of contract claims against a school division in a case where school bus driver swore profanely at Director of Transportation and abandoned his position.
Sonner v. School Board, December 10, 1996 (Shen. Cir. Ct.), dismissing a lawsuit against a school board which allegedly had constructed facilities on or near historical, protected burial grounds.
Elmquist v. Webb, June 28, 1995 (Shen. Cir. Ct.), petition for appeal denied (Va. S.Ct.) sustaining the school board's position that there is no judicial review of a board's substantive decision to close a school, because such a decision is vested constitutionally with the Board under Article VIII, §7 of the Virginia Constitution.
In Re: Appeal of S. Mays, May 8, 1995 (Page Cir. Ct.), affirming a school board's determination that a teacher's complaint was not grievable and the board’s discretionary management rights on a teacher hiring and transfer.
Concerned Parents of School Students v. School Board, February 13, 1995 (Winchester Cir. Ct.), upholding the school board's contention that parents had no right of judicial review of a school board's decision to nonrenew a probationary teacher's contract.
Johnston v. Burdick, November 3, 1994 (Winchester Cir. Ct.), sustaining the school board's position that a probationary contract principal could state no legal claim for breach of contract against a school board for her nonrenewal more than three years after appointment.
In Re: C. C., August 22, 1994 (Warren Cir. Ct.), affirming a school board’s ten-day disciplinary suspension of a student for violation of a substance abuse policy when the student briefly possessed contraband.
Williams v. School Board, 248 Va. 124 (1994), a landmark Virginia Supreme Court case upholding a school board's decision refusing to employ the sister-in-law of the school board chairman, despite longstanding, permissive Attorney General opinions to the contrary under Virginia conflict of interest laws.
Williams v. School Board, March 25, 1994 (Charlottesville Cir. Ct.), a state court decision affirming a school board's right to conduct a hearing to consider the possible suspension of a teacher who was the subject of a child abuse investigation and determinations by the Department of Social Services.
Doe v. Manning, 21 IDELR 357 (W.D. Va. 1994), finding that appropriate "stay-put" placement for student referred for IDEA evaluation after the commencement of a suspension should be the out-of-school suspension placement during eligibility proceedings.
School Board v. C., Feb. 3, 1994 (Greene Cir. Ct.), sustaining the school board's position and reversing a state review officer on the school board's compliance with IDEA regulations and the appropriateness of the placement of a student with autism.
Combs v. School Board, 15 F.3d 357 (4th Cir. 1994), a major Fourth Circuit Court of Appeals' decision establishing a school board's right to have notice of special education complaints before being liable for attorney fees under the IDEA.
John Doe v. School Board, May 4, 1993 (Louisa Cir. Ct.), successfully defending a school board's misconduct-related suspension of an IDEA student for possessing a lethal knife on school property.
Armentrout v. Kuczko, October 9, 1992 (Va. S.Ct., in Chambers of Chief Justice Carrico, Justices Compton and Hassell), an emergency Supreme Court appeal dissolving the Wise County Circuit Court's injunction blocking a superintendent's suspension of a teacher.
School Board v. G., February 21, 1992 (Va. S.Ct., in Chambers of Chief Justice Carrico, Justices Compton and Hassell), an emergency Supreme Court appeal dissolving the Frederick County Circuit Court injunction blocking a school board's suspension of a student for misconduct.
Weekley v. School Board, October 9, 1991 (Augusta Co. Cir. Ct.), upholding the Board’s determination that a teacher could not succeed on a grievance challenging the superintendent’s reassignment of her to another school.
School Board v. Gillenwater, 241 Va. 166 (1991), a Virginia Supreme Court decision upholding a school board's determination that a teacher's complaint was not grievable, affirming the board's management rights on teacher reassignment.
Lee v. School Board, 648 F. Supp. 744 (W.D. Va. 1986), aff'd, 829 F.2d 1120 (4th Cir. 1987), cert. denied, 487 U.S. 1236 (1988), federal courts’ sustaining a school board's decision to terminate the employment of a long-term continuing contract administrator and teacher.
Breitling v. Solenberger, 585 F. Supp. 289 (W.D. Va.), aff'd, 749 F.2d 30 (4th Cir. 1984), federal court litigation upholding a school board's decision to terminate a long-time continuing contract teacher despite a constitutional challenge to the process utilized in the termination.
