9124
AR
Administrative Regulation
Attorney
The Board of Education recognizes the complex legal environment in which school districts operate and desires reliable, dependable legal advice. The Board also supports collaborative legal efforts with other agencies and districts in order to promote the district's interests.
The Board may use the county counsel, district attorney, or private attorneys to meet the needs of the district.
The district's legal counsel may:
- Render legal advice to the Board or individual board members and the Superintendent or designee
- Serve the Board and the Superintendent or designee in the preparation and conduct of district litigation and administrative proceedings
- Render advice on school bond and tax increase measures and prepare the necessary forms for the voting of these measures
- Perform other administrative duties as assigned by the Board and Superintendent or designee
The Superintendent may confer with the district's legal counsel at his/her discretion and shall provide the Board with desired legal information when so directed by a majority of the Board. The Board also may authorize a specific member to confer with legal counsel on behalf of the Board. Board members shall be conscious of the cost and limit individual consultation with county counsel to no more than five hours per year.
Legal & Management References
State
Ed. Code 35041 - Administrative adviser
Ed. Code 35041.5 - Legal counsel
Ed. Code 35161 - Board delegation of any powers or duties
Ed. Code 35200-35214 - Liabilities
Ed. Code 35204 - Contract with attorney in private practice
Ed. Code 35205 - Contract for legal services
Gov. Code 26520 - Legal services to school districts
Gov. Code 26529 - District Attorney
Gov. Code 53060 - Special services and advice
Gov. Code 814-895.8 - Liability of public entities and public employees
Gov. Code 995-996.6 - Defense of public employees
Management Resources
CSBA Publication - The Brown Act: School Boards and Open Meeting Laws, rev. 2023
State Bar of California Publication - California Rules of Professional Conduct
Website - CSBA District and County Office of Education Legal Services
Website - State Bar of California
Website - California Council of School Attorneys
Website - CSBA
Cross References
1160 BP Political Processes
1312.3 AR Uniform Complaint Procedures
1340 AR Access To District Records
2121 BP Superintendent's Contract
3312 BP Contracts
4312.1 BP Contracts
9000 AR Role Of The Board
9200 AR Limits Of Board Member Authority
9260 AR Legal Protection