THE SUPERINTENDENT IS THE DISTRICT’S EVERY DAY LEGAL LEADER

The board, administrators, and teachers look to (expect) the Superintendent to know basic law and basic legal principals, and do the right thing.

Educate yourself, the Board, your administrators, teachers, and staff to the law (share what you know and learn).

When the District is legally wrong the Superintendent may take the credibility hit.

THE SUPERINTENDENT MUST CONTINUALLY READ AND SEEK TO UNDERSTAND THE LAW

Read school law
       Education Law - New legislation - Tort cases (court and Commissioner Decisions).

The NYSSBA book "School Law" is NOT a law book, only a reference book.

Understand that law is always changing - either follow legal changes or seek legal advice.

You cannot save money on legal fees until you know enough law to act with knowledge and confidence

THE SUPERINTENDENT MUST UNDERSTAND THAT SCHOOL LAW IS PRACTICED IN A SPECIFIC DISTRICT CULTURE, YOUR CULTURE

You may be legally correct but be in violation of the community culture (what is acceptable).

Almost every legal  issue has unique situational aspects.

What may result in a legal challenge in one district may not even be considerer a significant matter in another district.

THE SCHOOL LAWYERS MUST BE ABLE TO DO THE JOB

Use different lawyers for different issues - get and use the strength you need to win

School law

Labor law

                    Civil Service law

Local issues (contracts, residency, etc.)

Special Education Law

Tax Law

The School Attorney is the board’s appointment, but should be the Superintendent’s choice.

The School Attorney is the District and Board’s attorney, not the Superintendent’s attorney.

What should the superintendent expect (demand) from a School Attorney -

Knowledge of the law, and sharing of the law

An understanding of law as practiced in the school district environment

Availability when needed, reasonable response time, meeting of all deadlines

Minimal postponements

Written opinion when needed, revision of written when required

Education of the superintendent, board, and staff when needed/requested

Reasonable pricing for services

BE PREPARED TO REACT TO LEGAL ACTION

For every legal move there is a counter move. Learn the counter moves.

EXPECT TO BE THREATENED WITH LAW SUITS AND BE SUED

Every Superintendent of Schools gets sued

Have the additional legal protections you need in your contract and by Board resolution

When served - immediately contact the School Attorney, the district's insurance company, your insurance company, Board members, and the district business administrator

Don’t talk to the opposition’s attorney.

Tell them, "I’ll be glad to talk (or meet) with you without your attorney, or your attorney can talk to the district's attorney. 

- sometimes just the cost of an attorney is enough to deter the opposition from moving forward

HOW TO PREPARE FOR A NEW ASSIGNMENT

• Review who is the School Attorney and other lawyers, and what has been the Superintendent -Lawyer relationship
• Any Recent Litigation? - review the past several years budget for costs of legal services, retainer or hourly, any litigation on-going at this time (3020A, special education hearings, open labor contracts, etc.).
• Review Board Policy Manual and Administrative Regulations
• Review Board Minutes/Resolutions
• Review Collective Bargaining Agreements
• Review Prior Grievances, Arbitration Decisions and PERB decisions
• Communicate with Resource Individuals

- Predecessor Superintendent
- BOCES Labor Relations Department
- District Superintendent
- School Attorney
- Business Manager
- District Treasurer
- Auditor
- Union Presidents and Their Labor Relations Specialists
- General Staff Meetings

SOME EXAMPLES OF LEGAL ISSUES THE SUPERINTENDENT MAY FACE

• Employee/Personnel Issues
• Student Issues
• Students with Disabilities
• Tax
• Student Discipline
• US Constitution Issues (discrimination, freedom of speech, etc.)
• Board Policies
• Board Meetings/Resolutions/Executive Session
• Fiscal Responsibilities
• Transportation
• Finance/Taxation
• Religion in Schools
• Use of District Property/Facilities/Materials
• Fraud
• Residency
• Negligence/Injuries