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SCHOOL ATTORNEY

            The Board of Education will appoint a School Attorney for the district. The Board will set
his/her fee and term of service at the time of the appointment. The Attorney must be admitted to the
bar of New York State. The Attorney will be the legal advisor to the Board. In that capacity, the
Attorney's duties will be.

1.       to advise the Board with respect to all legal matters relating to the district, including, but not
          limited to, interpretation of the Education Law of the State of New York, and all other  statutes,
          rules or regulations affecting the district;

2.         to be easily accessible to the Board and the Superintendent of Schools (and, at the discretion of
the Superintendent, to his/her administrative staff), with respect to legal matters ensuing out of the
day-to-day administration of the district;

3.   3.   to review and to represent the district in the preparation of any and all contracts which the 
     district may be obliged to execute (other than purchase orders usually issued for the purchase 
             of goods, equipment and services);

4.   4.   to advise and assist in matters of litigation pursuant to the retainer agreement;

5.               5.          to review the legality of all rules or regulations to be adopted by the Board;

6.          to prepare all notices and documents necessary for the annual or special meeting of the voters
 of the district;

7.                  7.          to prepare all legal notices in connection with the normal business of the district;

8.          to prepare any options and deeds of conveyance that the district may make, and the examination
 of abstracts, titles, deeds and other papers concerning any properties that the district may want to
dispose or acquire;

9.         9.          to attend, when requested, the Superintendent's hearings concerned with discipline of students or
             employees;

10.       to attend, when requested, meetings of the Board;

11.               to review and approve all notices, bids and contracts connected with a project;

12.       to act as an intermediary with the bonding attorney;

13.              13.       to represent the district in any litigation that may arise out of a project;

14.       to advise on the sale of bonds;

15.              15.       to represent the district in all legal matters related to a project;

16.       to review and advise with respect to any process served upon the district; and

17.              17.       to recommend the retainment of such special counsel as he or she may deem necessary in the
            circumstances, subject to the approval of the Board.

      	       All communications between the School Attorney and district personnel will be directed through 
the Superintendent or president of the Board. 

            The district, when seeking to retain a School Attorney, will first locate prospective qualified lawyers/law
firms by:

18.              advertising in trade journals;

19.       checking listings of lawyers/law firms; or

   0. 20.              making inquiries of other districts or other appropriate sources.

             The district will then prepare a well-planned, written request for a proposal which will contain critical
 details of the services sought and submit this request to prospective applicants.

             In selecting a School Attorney, the district will consider the cost of a retainer (or hourly fee), as well
 as such other factors as:

 21.              the history/experience of law firms in education matters;

 22.       the quality of the service provided by the lawyer/law firm;

23.          23.       the staffing of the lawyer/law firm; and

 24.       the lawyer's/law firm's suitability for the district's needs.

            The district will maintain documentation of the written proposals submitted by lawyer/law firm
 applicants for the position of School Attorney.

            In addition to the annual retainer (or hourly fee), the Attorney shall be reasonably compensated for:

25.           25.        all services rendered in connection with litigation and appeals to the Commissioner of Education, 
             state or federal courts, brought by or against the district, the Board or the Superintendent, in 
             addition to those rendered pursuant to the retainer agreement;

 26.       all services rendered in connection with bond issues or similar financial transaction;

27.           27.        assistance in contract negotiations with representatives of employees and in the drafting of negotiated 
            contracts;

28.       legal services with respect to any grievances that may be filed by employees or their representatives;

29.              tenure and related type hearings; and

30.       legal consultations to Board of Education or public/election service topics, as needed;

31. such services as shall not be reasonably included within the specified duties enumerated as attorney duties.

Note:   Prior policy, BC.7, revised

A policy covering selection of the school attorney is required if the district employs an outside attorney, pursuant to section 104 of the General Municipal Law.