Education Law

We have provided legal representation on a daily basis to members of the California Teachers Association (CTA) since 1972. These members include K-12 certificated employees (for example, teachers, counselors, librarians, nurses) employed by public schools and community college faculty and counselors employed by community college districts in many counties including, but not limited to, Fresno, Kern, Tulare, Kings, Merced, Mariposa, Stanislaus, and Contra Costa counties.

Tuttle & McCloskey

Since then, we have represented teachers and enforced important rights guaranteed to them by California's complicated Education Code; and with our experience and expertise we have helped thousands of CTA members who needed capable, knowledgeable, and dedicated advocates.

We have successfully represented teachers in:

  • Precedent setting cases for teachers (7 in the California Courts of Appeal and 2 cases in the California Supreme Court).
  • Negotiating separation agreements for teachers and faculty members facing discipline or dismissal on terms that were fair when appropriate and directed by our clients to do so.
  • Defending certificated employees and faculty in suspension and dismissal proceedings.
  • Obtaining reasonable accommodations for K-12 teachers with disabilities when the accommodations enabled them to continue to perform the essential functions of their job.
  • Protecting the rights of K-12 public school teachers when they have been faced with reductions in force or layoffs.
  • Defending teachers from temporary restraining orders filed by parents or students.
  • Defending teachers in lawsuits brought by parents and students.
  • Challenging school districts who have denied teachers their entitlement to permanent or tenured status and its corresponding protections under the Education Code.
  • Defending teachers' credentials before the California Commission on Teacher Credentialing and we have assisted prospective teachers in obtaining a teaching credential.
  • Defeating public schools employer's improper attempts to collect on alleged overpayment of wages.
  • Obtaining California State Teachers Retirement System disability retirement or disability allowances for numerous teachers who were unable to continue to work.
  • Enforcing teachers' right to more favorable placement on a school district's salary schedule based on years of experience and education.
  • Protecting teachers against improper demands to submit to highly invasive psychiatric evaluations.

If you are a CTA member and have a work-related problem, you may be eligible for a referral to our law firm for a consultation or other assistance. Contact the CTA office which serves your CTA chapter to inquire about a referral.

Favorable Appellate Decisions on Educational Law Issues

  • CTA v. Mariposa County School District (1977) 70 Cal.App.3d 833
  • CTA v. Yosemite Community College District (1985) 169 Cal.App.3d 35
  • CTA v. Livingston School District, et al. (1990) 219 Cal.App.3d 1503
  • CTA v. Parlier Unified School District, et al. (1984) 157 Cal.App.3d 174
  • CTA v. Gustine Unified School District, et al. (1983) 145 Cal.App.3d 735
  • CTA v. State of California, et al. (1999) 20 Cal.4th 327 *
  • CTA v. Golden Valley Unified School District (2002) 98 Cal.App.4th 369
  • CTA v. Salinas City Elementary School District (2012) 146 Cal.Rptr.3d 835 *
  • Fresno Unified School District v. NEA, et al. (1981) 125 Cal.App.3d 259

*These cases were won in the California Supreme Court.

No matter what you are facing, chances are Tuttle & McCloskey, has successfully helped a teacher in a similar situation and can help you too. Call the Fresno office of Tuttle & McCloskey, at 559-500-3393 and speak with a lawyer or fill out our online contact form and we will get back to you quickly.