Erin M. Burris
Erin Burris is an attorney on Miller Nash’s education team, representing higher education institutions, k-12 institutions, public school districts, and private schools. She defends education clients in litigation and advises on issues including student rights and discipline, Title IX of the Education Amendments, Individuals with Disabilities Education Act, Title VI of the Civil Rights Act, and an array of statutes affecting faculty and students. Erin’s employment practice includes advice and litigation related to wage-and-hour, discrimination, retaliation, wrongful termination, and other tort claims.
Before joining Miller Nash, Erin worked as a staff attorney at the Learning Rights Law Center where she practiced education law, with a focus on special education matters and disability discrimination cases under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act. She also served as a judicial clerk to Justice Susan Owens of the Washington State Supreme Court, where she gained broad knowledge of Washington law through her work on a variety of civil and criminal cases.
Upon graduating from law school, Erin became a member of the Order of the Coif, an honor society that recognizes the top ten percent of graduating law students from their class. During law school, Erin practiced as a limited license attorney, representing the State of Oregon at the Oregon Department of Justice in its Trial Division and worked on a variety of matters at a general civil litigation law firm. She also gained valuable experience as an extern to the Honorable Judge Ann Aiken of the U.S. District Court of Oregon.
Special Education Plus
Represented school district with respect to parent’s due process complaint asserting that the school district committed substantive and procedural violations of the Individuals With Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act.
Advised schools, school districts, and education service districts on a wide variety of early childhood special education and special education matters including implementing IEPs; considerations with respect to evaluation, eligibility, and placement; recovery services and compensatory education; McKinney-Vento Act eligibility and intersection with IDEA; and other topics.
K-12 Schools, School Districts & Education Service Districts Plus
Represented school district in Fair Dismissal Appeals Board hearing based on teacher’s appeal of dismissal based on neglect of duty, asserting that insufficient grounds for dismissal existed under the Accountability for Schools for the 21st Century Law.
Favorably resolved former student’s state-court lawsuit asserting claims of negligence and negligent infliction of emotional distress against the school district and individually named school district employees based on an altercation between two students.
Represented school district in lawsuit asserted by former student alleging claims under Title IX of the Education Amendments of 1972 (prohibiting sex discrimination in education programs) and negligence based on former employee’s allegedly harassing conduct.
Favorably resolved teacher’s grievance against school district asserting contract violations of collective bargaining agreement with teacher’s union.
Higher Education Plus
Prevailed on motion to dismiss graduate student’s federal lawsuit against public university, which lawsuit alleged race discrimination and retaliation in employment.
Prevailed on motion to dismiss former graduate student’s federal lawsuit against private university, which alleged that the university was contractually obligated to award student a doctorate degree.
Favorably resolved university employee’s lawsuit asserting claims under Title IX and negligence based on coworker’s allegedly harassing conduct.
Employment Matters Plus
Favorably resolved federal lawsuit asserting Fair Labor Standards Act collective action on behalf of plaintiff and all similarly situated employees alleging that company’s overtime compensation practice violated the FLSA and Department of Labor regulations.
Represented private employer through Bureau of Labor and Industries (BOLI) complaint asserting claims of disability-related discrimination and retaliation under Oregon law and the ADA, including favorably resolving complaint through BOLI’s conciliation process.
Advised private companies and nonprofit organizations (with and without unions) on wide variety of employment matters including preparing employee handbooks and other policies, handling wage and hour issues, analyzing sick and family leave, advising on the interactive process with respect to reasonable accommodations under the ADA, managing employee termination and separation agreements, preparing for reductions in force, preparing memoranda of understanding between employer and union, and many other topics.