School Employment

Swier Law Firm's Education Law Practice Group serves as employment counsel to schools across South Dakota. The Group advises school districts on the full spectrum of school employment laws, including hiring employees, drafting employment contracts, collective bargaining, contract grievances, discrimination, retaliation and misconduct, layoffs, discipline, and dismissals.

We are well qualified to provide legal assistance on virtually any employment issue involving certified, classified, and administrative employees. We also assist school districts to avoid employment liability through practical advice, the implementation of school policies, and presentations for school boards and administrators. 

While a significant portion of the Group's activities are focused on providing employment advice, our attorneys have extensive experience litigating on behalf of our school district clients. Our advice and advocacy has been sought in numerous sensitive, high profile cases and our attorneys have argued before the South Dakota Supreme Court and administrative agencies including the Professional Administrators Practices and Standards Commission, Professional Teachers Standards and Practices Commission, the Department of Labor, the Department of Education. and the Office for Civil Rights (OCR). 

The attorneys at Swier Law Firm's Education Law Practice Group provide the following services:

● Legal counsel for employee discipline, including counseling, warnings, reprimands, plans of assistance, suspensions, demotions, and terminations

● Legal counsel for Reductions in Force (RIF), Continuing Contract Law (CCL), and severance or settlement agreements

● Legal counsel on wage and hour claims and concerns under the Fair Labor Standards Act

● Legal counsel regarding subpoenas for employee records and employee testimony

● Legal counsel regarding issues of on-campus drugs, alcohol, firearms, child abuse, and sexual misconduct

● Legal counsel regarding the constitutional rights of school employees

● Legal counsel in EEOC and OCR complaints

● Conducting and overseeing school district investigations, including alleged Title IX violations

● Presenting in-service trainings, legal seminars, and webinars for school districts

About Swier School Law Counsel™​

Swier School Law Counsel™ is a boutique education law department within Swier Law Firm.

We recognize the needs of South Dakota's school officials to obtain first-rate legal advice on a broad range of issues. Our attorneys provide creative, timely, and cost-efficient legal strategies that balance the needs of students, parents, employees, and citizens with the interests of keeping a school district on solid legal footing.

Swier School Law Counsel™ and its attorneys author The South Dakota School Law Deskbook™ and South Dakota School Law Notes™. The Group's attorneys also have years of experience teaching the popular "Education and the Law" class at the University of South Dakota School of Law. 

Swier Law Firm has served as legal counsel for school districts throughout the state and for the School Administrators of South Dakota and its membership. SASD is an educational association comprised of over 800 school administrators (Superintendents, Business Managers, Principals, Special Education Directors, and Curriculum Directors) throughout South Dakota.