Education

Caplan and Earnest LLC has a national reputation as one of the country’s leading firms in the area of education law, representing public school districts, private schools, as well as public and private universities. Within this field, the firm has represented school districts and educational entities in virtually every type of legal matter including election issues, constitutional law issues, teacher dismissals, employee terminations, the rights of students and employees with disabilities, labor disputes, transportation accidents, grievances, real estate acquisitions, construction law, and various contract disputes. With almost 40 years’ experience in representing a diverse client base, the firm is able to pool information, resources, and expertise so that legal services are provided in a cost-effective manner.

Appeals

Caplan and Earnest attorneys are licensed to practice in front of the Colorado Court of Appeals, the Colorado Supreme Court, the United States Court of Appeals for the Tenth Circuit, and the United States Supreme Court. Our attorneys regularly appear in the state and federal appellate courts in Colorado on a wide variety of appellate matters for our public education, health care, and commercial clients, as well as clients who retain the services of Caplan and Earnest's litigation department for specific matters. Caplan and Earnest attorneys have played a substantial role in many published decisions establishing controlling law throughout Colorado and the Tenth Circuit.

Charter Schools

Since 1993, when the Charter Schools Act was adopted in Colorado, the firm has assisted its school district clients in evaluating charter applications – both for "brick and mortar" and on-line schools, negotiating contracts, participating in dispute resolution between districts and charters, handling the nonrenewal of contracts, and guiding boards in revocation proceedings. Caplan and Earnest attorneys have appeared before the State Board of Education in numerous charter school proceedings. In addition, the firm has provided training to district charter schools in open meetings law compliance, public records issues, governance, and other legal and compliance matters.

Construction Law

The firm provides a complete range of legal services to its school district clients in the area of school and public building construction. We have developed comprehensive, time-tested, standard contract documents and forms for our clients’ use from architect selection and contracting to the earliest stages of bidding, through the warranty period and enforcement of owner remedies. Our attorneys have experience with all types of construction processes, including design-build; construction management/general contracting; and traditional lump-sum contracts, among others. The firm also has experienced litigators who have prosecuted claims for school districts in areas such as roof and roofing defects; moisture protection; structural defects; mold remediation; environmental clean-up; and construction delays.

First Amendment

Caplan and Earnest is one of Colorado's leading law firms representing public sector clients on First Amendment issues. Our practice covers all aspects of First Amendment law including the Free Speech, Free Exercise, and Establishments Clauses. Our philosophy focuses on managing these issues through sound, well-researched, and carefully considered advise that meets our clients' needs, is understandable to constituents, minimizes client exposure to litigation, and forms the basis for a successful defense if challenged. 

Insurance and Defense

A major emphasis of the firm is defending public sector clients in litigation and contested administrative proceedings. Our attorneys are approved panel counsel for most all major insurers of public school clients.

Labor and Employment

The firm of Caplan and Earnest LLC has an extensive management-oriented labor and employment practice. We regularly provide advice to our clients on a broad range of employment-related matters, including employment discrimination, sexual harassment, evaluation, discipline, and termination, Fair Labor Standards Act issues (overtime, wage and hour), the Family and Medical Leave Act, employee employer security and workplace privacy, reviewing, revising, and drafting personnel policies and employment handbooks, sexual harassment, hiring practices, employment-at-will issues, negotiating and preparing separation agreements and compliance with state and federal laws regarding discrimination, including Title VII, the Age Discrimination in Employment Act and the Americans With Disabilities Act.

Public Contracting

Caplan and Earnest has substantial experience helping school districts establish policies, regulations, and forms to comply with state and federal competitive bidding procedures and requirements. Our attorneys have prepared policies and checklists for our clients to assure that bids or requests for proposals are fairly solicited and public contracts are legally awarded to the most responsive, qualified bidders by authorized school officials and boards. From the smallest unit-priced school supplies to school bus fleets and multi-million dollar projects and service contracts, the firm is qualified to assist public school district clients in obtaining quality products, goods, and services at competitive prices.

Representing Publicly-Elected Boards

A significant component of our practice involves providing general counsel to education clients. We work directly with clients or in a supporting role to in-house counsel on matters that call for specialized expertise. Our attorneys have expertise in election procedures and requirements, board governance, intergovernmental agreements, and contract negotiations involving the selection of board members or seeking voter approval of bond or budget override questions. Services as general counsel to school boards comprise a significant component of our practice. We routinely confront a wide variety of open meetings law and public records issues and have developed a number of strategies to allow school boards to conduct the public’s business in an open fashion while protecting legitimate confidentiality concerns.

State and Federal Grants, Contracting, and Accountability

Few entities are affected by more state and federal regulation than public school districts. We are used to assisting our clients in complying with these specialized requirements and programs.

Student Rights and Responsibilities

Our work includes assisting our clients with all kinds of student issues, whether academic, disciplinary or extracurricular in nature. Attorneys in the firm have handled significant cases in state and federal trial and appellate courts concerning a broad range of constitutional issues affecting students such as First Amendment speech and religion cases, as well as Fourth Amendment search issues, due process and discrimination claims and the rights of students with disabilities in the regular and special education environments.

The "Business" of Education

School districts are among the largest owners of land, constructors of buildings, and purchasers of products and services, including technology and software. Our real estate and construction practitioners are able to assist school districts and other schools with real estate acquisition, land use planning, construction contracting and dispute resolution.