Public Entity, General Tort Litigation, Employment,
Phone: (619) 232-3122
Fax: (619) 232-3264
Art Palkowitz has an impressive background in the area of
public education and civil litigation as a practicing attorney for over
28 years, including nine years with San Diego Unified School District
(120,000 students, 200 school sites) handling litigation and providing
Art’s knowledge includes transactional personnel matters arising from
the Education Code and other statutory provisions, representation of the
governing board in certificated and classified employee suspension and
termination proceedings, planning, strategy and compliance in the
collective bargaining arena, including agreement interpretation and
administration. Art has experience in employment-related litigation,
involving discrimination, dismissal hearing, sexual harassment, wrongful
termination and EEOC complaints as well as contractual matters and
His background includes comprehension of the Brown Act, Public Records
Act, California Tort Claims Act, preparation, review and revision of
District policies and Administrative Procedures and all issues arising
out of charter school petitions, operations, renewals and appeals. Art
has experience in investigations (civil, criminal) by Office of
Inspector General, review of audits and compliance.
Mr. Palkowitz has appeared before State Appellate Courts and California
State Supreme Court on cases involving school state mandates. Victorious
in Supreme Court decision involving Suspensions, Expulsions and
obtained a favorable court decision resulting in over $35 million
revenue. He has appeared before the U.S. Supreme Court, making new law
distinguishing ERISA with California’s notice/prejudice rule, Unum v.
Ward, 119 S. Ct. 334 (February 1999).
Art, on behalf of San Diego Unified School District, negotiated a
Statewide settlement (after 10 years of litigation) agreement that will
increase special education funds by $65 million annually and additional
payments totaling $520 million to be received by local school districts
and Special Education Local Plan Areas. The lawsuit sought recovery of
costs incurred in providing services for special education students who
have severe behavior problems. Art has served as committee member of
Education Mandated Cost Network (Vice Chairman).
Art is admitted to all State Courts in California, as well as the
Southern and Central District courts, the United States Supreme Court,
has served as a San Diego Court Judge Pro Tem, San Diego Superior Court
Arbitrator, and has testified as an expert in Superior Court.
He has been elected for two terms on the Solana Beach School District
board and has held the positions of President/Vice President. He has
appeared as speaker at State Controller conference, California
Association School Business (CASBO) annual conventions and San Diego
County of Education lecture series.
State of California
Southern and Central District
United States Supreme Court
San Diego County Bar Association