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 Education Experience
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Damon & Morey has represented numerous school districts and private
educational institutions in both litigation and non-litigation matters.
This experience has helped us to better address educational issues
involving human resources, student services, instruction, finance and
management services.
Litigation Related
Federal and State Civil Rights Laws
Damon & Morey attorneys have extensive litigation experience
defending both public and private employers in all types of civil rights
litigation. We have represented clients in claims involving the
following statutes: Title VII, Age Discrimination in Employment Act,
Equal Pay Act, Americans with Disabilities Act, 42 U.S.C. §§1981, 83,
and 85 and the New York State Human Rights Law.
Our Labor and Employment and General Litigation attorneys have
handled employment discrimination and other civil rights claims on
behalf of a number of school districts before the EEOC, New York State
Division of Human Rights and Federal and State Courts.
Tort Liability of School Districts and Officials
Our attorneys regularly defend school districts, municipalities,
and public authorities in tort claims of all types. Additionally, we
have been selected by national, regional and specialty line insurance
carriers to represent their insureds. We have handled numerous matters
involving playground and sports injuries, technology class accidents and
transportation related claims.
Damon & Morey works aggressively to avoid the expense and delay of
courtroom resolution. Our attorneys appear in arbitration proceedings as
counsel or arbitrator, and we are frequently consulted for
pre‑litigation counseling and risk management advisement.
Rehabilitation Act (504) and Americans with Disabilities Act
Damon & Morey handles the defense, education, and prevention of
claims arising under these statutes and the New York State Human Rights
Law. The Rehabilitation Act prohibits discrimination on the basis of
disability or handicap by any entity receiving federal funding. The ADA
similarly prohibits disability discrimination in employment and mandates
accessibility in places of public accommodation and in the provision of
public services. Our experience litigating claims and counseling clients
on compliance places us in a unique position to represent any school’s
interests.
Constitutional Issues Such As Due Process and First Amendment
Issues such as Education Law §3020-a, substantive and procedural
due process involving student, teacher and staff discipline, removal of
books and curriculum changes, aid to parochial schools and the scope of
that aid, benedictions and invocations at graduation, religious
holidays, display of religious symbols, use of facilities by outside
organizations, equal access by students, the Religious Freedom
Restoration Act, free exercise of religion, student rights for free
expression, staff and board members free speech and expression rights,
independent contractors’ free speech rights, search and seizure, and
many others, raise constitutional questions for schools on a daily
basis. Our attorneys have frequently litigated constitutional claims in
both Federal and State Court and are prepared to provide legal advice,
counseling and assistance as the need arises.
School
Administration Related
Our attorneys have significant experience in all aspects of school
district administration including election procedures, the Open Meetings
Law, the duties and obligations of Boards of Education and school
officers, appointments of officials, interscholastic athletics, student
requirements, standards and familial issues and disabled students.
Additionally, we have advised numerous districts and schools on such
important issues as:
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Federal Law
Affecting Public Schools
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New York State
Education Law
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Student Rights,
Superintendent’s Hearings, Searches and Seizures, CSE and CPSE Laws
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Regulations and
Decisions of the New York State Commissioner of Education
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General
Municipal Laws
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Real Estate,
Construction, & Finance
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Contingency
Budgets in New York State
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School
Transportation in New York State
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New York State
Contract Law
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New York State
Civil Service Law
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Administration
of Collective Bargaining Agreements in School Districts and the Taylor
Law
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Discipline of
Classified and Certified Employees
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Grievance
Administration and Arbitration
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Tax Issues
Pertaining to Wages and Employee Benefits
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