Education & Public Law

Educational institutions must manage a broad range of business functions from human resources to real estate and asset management. Accordingly, their business and legal challenges are often quite similar to those of large corporations and cities. The lawyers in our Education & Public Law Practice Group understand these challenges and can help educational institutions handle them quickly and cost effectively.

Our clients include small and large independent school districts, private schools, theological seminaries and regional education service centers, as well as the Texas Association of School Boards Legal Assistance Fund and other education-related entities.

Our Education & Public Law Practice Group has extensive experience across all areas of educational services, administration and operations. In addition to general counseling and litigation, we assist with transactional and employer/employee matters. We help educational clients explore energy options and service contracts and advise on utility law matters. We also monitor legislative and agency activities that might affect the educational landscape in Texas.

Education-related Counseling

We advise school districts and other educational entities on issues involving students, employees, facilities, purchasing, technology, community-wide controversies and contract review. We assist clients with matters of governance such as public information, open meetings, and board member rights and responsibilities. We also advise on election issues, including compliance with the Voting Rights Act and the defense of challenges to at-large electoral systems.

Transactional and Intellectual Property Matters

Our Education & Public Law Practice Group has helped numerous education clients negotiate and document transactions, including real estate transactions, software and hardware contracts, hedge contracts, energy savings performance contracts, contractor and architect contracts, and interlocal agreements and cooperatives. We assist clients with taxes and other foundation and profit/non-profit entity issues. We also handle trademark, copyright, and intellectual property matters.

Employment Law and Employee Benefits

McGinnis Lochridge attorneys help clients comply with employment laws, including the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), Fair Labor Standards Act (FLSA) and Texas Insurance Code. We also advise on the full range of employee benefit plans offered by school districts, including Section 403(b) plans, Section 457(b) plans, cafeteria plans, fully-insured and self-funded group health plans, Health Savings Accounts (HSAs), and coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA). We help educational entities evaluate and negotiate insurance contracts and healthcare plans.

Litigation and Appellate Matters

We represent education-based clients in general litigation as well as in matters involving construction, insurance, Title VII and other employment laws, governmental immunity, Section 1983, special education and the Individuals with Disabilities Education Act (IDEA), Section 504, ADA, federal and state constitutional issues and statutory interpretation.

  • Partner Michael Shaunessy explains to KXAN how sovereign immunity protects governmental entities in the State of Texas. August 8, 2016 - Michael A. Shaunessy

  • Speaker, Avoidable Mistakes in the ARD Process, 16th Annual Disabilities Law Conference, National Educators Law Institute, Austin, Texas December 2008 -

  • Speaker, Coach, Did You Know? Liability Issues Concerning Athletes' Injuries, Use of Force, Prayers, Random Testing for Substances, Parent Complaints and Title IX, 3rd Annual Texas High School Coaches Association - Legal Digest Workshop for Texas High School Coaches, San Antonio, Texas July 2008 -

  • Speaker, All You Ever Wanted to Know About Chapter 37 (and Then Some!) Student Discipline K-12, 7th Annual Assessment Boot Camp, National Educators Law Institute, Austin, Texas May 2008 -

  • Speaker, If I Had a Hammer - Defensible Discipline from A-Z, Region Six Case, 10th Annual Legal Issues Conference for School Administrators, Huntsville, Texas February 2008 -

  • Author, Tis the Season: Nonrenewal and Termination under Chapter 21, Texas School Administrators' Legal Digest February 2008 -

  • Author, The Common Sense Guide to Texas School Law for Coaches, Texas School Administrators' Legal Digest July 2007 -

  • Speaker, Coach, Did You Know? Liability Issues Concerning Athletes' Injuries, Use Of Force, Prayer, Random Testing For Substances, Parent Complaints And Title IX, 2nd Annual Texas High School Coaches Association - Legal Digest Workshop for Texas High School Coaches July 2007 -

  • Speaker, Spare the Rod and Spoil the Child: The Use of Physical Force by School Employees, 20th Annual Texas Association Secondary School Principals - Legal Digest Conference June 2007 -

  • Speaker, Confidentiality and Public Information: How the Statutes Affect Records and Documentation Kept at School, 6th Annual Assessment Boot Camp, National Educators Law Institute May 2007 -

  • Speaker, Coaches and the Law, Texas High School Coaches Association July 2006 -

  • Speaker, No "I" in Team: Your Coaches and the Law, 19th Annual Conference on School Law for Principals, Texas School Administrators' Legal Digest June 2006 -