Brett S. Nitzschke

Mr. Nitzschke represents school districts, cities, and counties.  He provides daily counsel and advice on a variety of matters including employee discipline and evaluation, student rights and discipline, open meetings and public records, contracts and sharing agreements, ADA accommodations/interactive processes, FMLA matters, construction contracts, special education issues, and other matters facing Iowa public employers.  He also regularly represents school districts, cities, and counties in collective bargaining and employment litigation.

Education

  • The University of Iowa College of Law (J.D., 1988)
  • The University of Iowa (B.A., 1985)

Professional Affiliations

Active or formerly active in the following organizations:

  • Iowa Council of School Board Attorneys
  • National School Board Association Council of School Attorneys
  • Iowa League of Cities
  • Iowa Bar Association
  • Linn County Bar Association

Additional Biographical Information

  • Law Clerk, United States District Court for the Northern District of Iowa (1989-1991)
  • Law Clerk, Iowa District Court, Fifth Judicial District (1988)

Presentations and Publications

  • Topics in School Safety, School Administrators of Iowa, 2020
  • Mistakes, Messaging and Mayhem: Understanding HF 291 Two Years Later, Iowa Association of School Boards, 2019
  • What Now?  How to Navigate Through Unexpected Employment Issues, Iowa Community Action Association, 2019
  • Say What? Communications with Community Members, Media, Parents, Law Enforcement, and Others, School Administrators of Iowa, 2019
  • Title IX and Equity Issues in the School Setting, School Administrators of Iowa, 2019
  • Navigating Iowa’s Open Meetings and Open Records Laws, Iowa Association of School Boards, 2018
  • Important Items to Consider Relating to Chapters 20 and 279, School Administrators of Iowa, 2018
  • Interaction Between School Officials and Law Enforcement, School Administrators of Iowa, 2017
  • Title IX Issues in the School Setting, School Administrators of Iowa, 2017
  • Open Meetings and Public Records Legal Update, Iowa School Finance Information Services, 2016
  • Addressing Issues Related to Transgender and Gender Non-Conforming Students, School Administrators of Iowa, 2016
  • Doing Better with Less: Properly Implementing Employee Leave, Iowa School Finance Information Services, 2015
  • Top 5 Things City Managers/Administrators Should Know About Municipal Law, Iowa Municipal Managers Institute, 2015
  • Open Meetings and Open Records Laws, School Administrators of Iowa, 2015
  • Social Media: What School Administrators Should Know, School Administrators of Iowa, 2015

Cases and Experience

  • American Civil Liberties Union Foundation of Iowa, Inc. v. Records Custodian, Atlantic Community School District, 818 N.W.2d 231 (Iowa 2012) (successfully defended school district from a claim by the ACLU that the school district violated the Iowa Open Records Law).
  • Glenwood Community School District v. Glenwood Education Association, 2010 PERB 8249 (successfully represented school district in the lead case involving the interpretation of the Iowa legislature’s changes to state education funding and teacher salary schedules).
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