PERA Committee. Nothing in this policy limits the authority of the Superintendent or designee to create and use committees that report to him or her or to other staff members. LEGAL REF.: 5 ILCS 120/, Open Meetings Act. 105 ILCS 5/10-20.14 and 5/14-8.05. CROSS REF.: 2:110 (Qualifications, Term, and Duties of Board Officers), 2:200 (Types of School Board Meetings), 2:240 (Board Policy Development), 7:190 (Student Behavior), 7:230 (Misconduct by Students with Disabilities) Adopted: December 14, 2022 The School Board may retain legal services with one or more attorneys or law firms to be the Board Attorney(s). The Board Attorney represents the School Board in its capacity as the governing body for the School District. The Board Attorney serves on a retainer or other fee arrangement as determined in advance. The Board Attorney will provide services as described in the agreement for legal services or as memorialized by an engagement letter. The District will only pay for legal services that are provided in accordance with the agreement for legal services, as memorialized by an engagement letter, or that are otherwise authorized by this policy or a majority of the Board. The Superintendent, his or her designee, and Board President, are each authorized to confer with and/or seek the legal advice of the Board Attorney. The Board may also authorize a specific Board member to confer with the Board Attorney on its behalf. The Superintendent may authorize the Board Attorney to represent the District in any legal matter until the Board has an opportunity to be informed of and/or consider the matter. The Board retains the right to consult with or employ other attorneys and to terminate the service of any attorney. LEGAL REF.: Rule 1.7 (Conflict of Interest: Current Clients) and Rule 1.13 (Organization as Client) of the Ill. Rules of Professional Conduct adopted by the Ill. Supreme Court. CROSS REF.: 4:60 (Purchases and Contracts) Adopted: April 30, 2020 The School Board selects and retains the Board Attorney(s). The Board may use this checklist for guidance when it selects and retains attorney(s) and/or law firms for legal services. This checklist is designed for the Board to use a request for proposal (RFP) process to seek outside attorneys/law firms. The Board may also select an attorney without using an RFP process and adapt this checklist. The Board may also adapt this checklist and use it for an application process, if the Board seeks an inhouse attorney. For more information, call the IASB Office of General Counsel; see its current phone numbers at xxx.xxxx.xxx/xxxxx-xx/xxxxx/#xxxxxx-xxxxxxx-xxxxxxx. 1. Review Board policy 2:160, Board Attorney. Note: Critically analyze whether the District’s legal needs are best served by in-house attorney(s) or outside attorney(s)/law firms. Many districts use a combination of these services. Many districts also use multiple attorney(s)/law firms for their specialties, e.g., different law firms for bond counsel, special education, or labor law. Some boards also approve a panel of attorneys and allow the administration to choose which attorney to use. 2. Consider the following factors to analyze the type(s) of legal services needed for the District including, but are not limited to: District’s size; Any past and current experiences with legal matters; Complexity of the District’s legal needs; Availability of expertise; and Cost of outside fees compared to internal staff expenses for an in-house arrangement. 1. Review policy 4:60, Purchases and Contracts. Note: While State law exempts hiring an attorney from bidding requirements (105 ILCS 10-20.21(a)), the Board may want to review its procurement processes and align procurement for legal services to its non-bidding-related standards for purchases, e.g., avoiding favoritism, staying within the District’s budget, etc. 2. Develop the list of qualifications. The major qualifications include, but are not limited to: Licensed to practice law in Illinois and in good standing with the Ill. Attorney Registration and Disciplinary Commission (ARDC) (see checklist item Conduct a reference check and other background investigations, below) Member of the District’s assigned United States district court and the Seventh Circuit Court of Appeals Substantive knowledge and experience in the legal areas matching District’s needs, e.g., bidding, civil rights, collective bargaining, education reform, employment law, Freedom of Information Act, Open Meetings Act, other records laws, special education, student rights, etc. Note: This list of knowledge and experience must be created by the District’s identified needs and may change from time to time. Experience in all aspects of contract, employment, and school law Experience that meets the District’s needs, including litigation experience in State and federal courts Membership in professional associations, such as, the Ill. Council of School Attorneys (ICSA) and education law sections of bar associations, etc. Demonstrated knowledge of and ability to apply professional responsibility rules Accessibility for the District’s identified needs, e.g., evening Board meetings, phone calls, etc. Ability to declare that representation of the District will be to the exclusion of all other clients having potential conflicts with the District’s interests When additional qualifications apply, list those qualifications for providing legal services. This may include specialties such as bond counsel, etc. 1. Insert the list of qualifications that the Board developed. 2. Include the following information: The deadline for responses to be submitted The location (address or email) where responses should be sent A statement that the Board is soliciting proposals from qualified lawyers and law firms to provide legal services to the School District Significant information about the District (see policy 1:30, School District Philosophy, for the District’s mission statement that is specific to the community’s goals) The scope of work, e.g., “The Board Attorney will provide legal advice concerning [typical duties, specific duties, excluded duties].” Qualifications Details about interviews and presentations 3. Specify what responders must include in their responses, such as the following: Cover letter, complete name, address, and legal structure (if the responder is a law firm) The individuals who prepared the response, including their titles If different from above, the identity of and directory information for the individuals who have authority to answer questions regarding the submitted proposal A proposed fee schedule, e.g., “Respondents may combine set fees and hourly fees. If hourly fees are proposed, please provide the minimum time increment for billing purposes. If a retainer agreement is proposed, please specifically describe options.” A summary of the responder’s relevant experience representing public schools A writing sample An assurance that the responder meets the RFP’s qualifications References including current or past clients
Appears in 2 contracts
PERA Committee. Nothing in this policy limits the authority of the Superintendent or designee to create and use committees that report to him or her or to other staff members. LEGAL REF.: 5 REF.:5 ILCS 120/, Open Meetings Act120. 105 ILCS 5/10-20.14 and 5/14-8.05. CROSS REF.: 2:110 REF.:2:110 (Qualifications, Term, and Duties of Board Officers), 2:200 (Types of School Board Meetings), 2:240 (Board Policy Development), 7:190 (Student Behavior), 7:230 (Misconduct by Students with Disabilities) Adopted: ADOPTED:December 14, 2022 2015 The School Board may retain legal services with one or more attorneys or law firms to be the Board Attorney(s). The Board Attorney represents the School Board in its capacity as the governing body for the School District. The Board Attorney serves on a retainer or other fee arrangement as determined in advance. The Board Attorney will provide services as described in the agreement for legal services or as memorialized by an engagement letter. The District will only pay for legal services that are provided in accordance with the agreement for legal services, as memorialized by an engagement letter, or that are otherwise authorized by this policy or a majority of the Board. The Superintendent, his or her designee, and Board President, are each authorized to confer with and/or seek the legal advice of the Board Attorney. The Board may also authorize a specific Board member to confer with the Board Attorney on its behalf. The Superintendent may authorize the Board Attorney to represent the District in any legal matter until the Board has an opportunity to be informed of and/or consider the matter. The Board retains the right to consult with or employ other attorneys and to terminate the service of any attorney. LEGAL REF.: Rule 1.7 (Conflict of Interest: Current Clients) and Rule 1.13 (Organization as Client) of the Ill. Rules of Professional Conduct adopted by the Ill. Supreme Court. CROSS REF.: 4:60 (Purchases and Contracts) Adopted: April 30, 2020 The School Board selects and retains the Board Attorney(s). The Board may use this checklist for guidance when it selects and retains attorney(s) and/or law firms for legal services. This checklist is designed for the Board to use a request for proposal (RFP) process to seek outside attorneys/law firms. The Board may also select an attorney without using an RFP process and adapt this checklist. The Board may also adapt this checklist and use it for an application process, if the Board seeks an inhouse attorney. For more information, call the IASB Office of General Counsel; see its current phone numbers at xxx.xxxx.xxx/xxxxx-xx/xxxxx/#xxxxxx-xxxxxxx-xxxxxxx.
1. Review Board policy 2:160, Board Attorney. Note: Critically analyze whether the District’s legal needs are best served by in-house attorney(s) or outside attorney(s)/law firms. Many districts use a combination of these services. Many districts also use multiple attorney(s)/law firms for their specialties, e.g., different law firms for bond counsel, special education, or labor law. Some boards also approve a panel of attorneys and allow the administration to choose which attorney to use.
2. Consider the following factors to analyze the type(s) of legal services needed for the District including, but are not limited to: District’s size; Any past and current experiences with legal matters; Complexity of the District’s legal needs; Availability of expertise; and Cost of outside fees compared to internal staff expenses for an in-house arrangement.
1. Review policy 4:60, Purchases and Contracts. Note: While State law exempts hiring an attorney from bidding requirements (105 ILCS 10-20.21(a)), the Board may want to review its procurement processes and align procurement for legal services to its non-bidding-related standards for purchases, e.g., avoiding favoritism, staying within the District’s budget, etc.
2. Develop the list of qualifications. The major qualifications include, but are not limited to: Licensed to practice law in Illinois and in good standing with the Ill. Attorney Registration and Disciplinary Commission (ARDC) (see checklist item Conduct a reference check and other background investigations, below) Member of the District’s assigned United States district court and the Seventh Circuit Court of Appeals Substantive knowledge and experience in the legal areas matching District’s needs, e.g., bidding, civil rights, collective bargaining, education reform, employment law, Freedom of Information Act, Open Meetings Act, other records laws, special education, student rights, etc. Note: This list of knowledge and experience must be created by the District’s identified needs and may change from time to time. Experience in all aspects of contract, employment, and school law Experience that meets the District’s needs, including litigation experience in State and federal courts Membership in professional associations, such as, the Ill. Council of School Attorneys (ICSA) and education law sections of bar associations, etc. Demonstrated knowledge of and ability to apply professional responsibility rules Accessibility for the District’s identified needs, e.g., evening Board meetings, phone calls, etc. Ability to declare that representation of the District will be to the exclusion of all other clients having potential conflicts with the District’s interests When additional qualifications apply, list those qualifications for providing legal services. This may include specialties such as bond counsel, etc.
1. Insert the list of qualifications that the Board developed.
2. Include the following information: The deadline for responses to be submitted The location (address or email) where responses should be sent A statement that the Board is soliciting proposals from qualified lawyers and law firms to provide legal services to the School District Significant information about the District (see policy 1:30, School District Philosophy, for the District’s mission statement that is specific to the community’s goals) The scope of work, e.g., “The Board Attorney will provide legal advice concerning [typical duties, specific duties, excluded duties].” Qualifications Details about interviews and presentations
3. Specify what responders must include in their responses, such as the following: Cover letter, complete name, address, and legal structure (if the responder is a law firm) The individuals who prepared the response, including their titles If different from above, the identity of and directory information for the individuals who have authority to answer questions regarding the submitted proposal A proposed fee schedule, e.g., “Respondents may combine set fees and hourly fees. If hourly fees are proposed, please provide the minimum time increment for billing purposes. If a retainer agreement is proposed, please specifically describe options.” A summary of the responder’s relevant experience representing public schools A writing sample An assurance that the responder meets the RFP’s qualifications References including current or past clients
Appears in 2 contracts
PERA Committee. Nothing in this policy limits the authority of the Superintendent or designee to create and use committees that report to him or her or to other staff members. LEGAL REF.: 5 ILCS 120/, Open Meetings Act. 105 ILCS 5/10-20.14 and 5/14-8.05. CROSS REF.: 2:110 (Qualifications, Term, and Duties of Board Officers), 2:200 (Types of School Board Meetings), 2:240 (Board Policy Development), 7:190 (Student Behavior), 7:230 (Misconduct by Students with Disabilities) AdoptedADOPTED: December 14, 2022 2015 The School Board may retain legal services with one or more attorneys or law firms to be the Board Attorney(s). The Board Attorney represents the School Board in its capacity as the governing body for the School District. The Board Attorney serves on a retainer or other fee arrangement as determined in advance. The Board Attorney will provide services as described in the agreement for legal services or as memorialized by an engagement letter. The District will only pay for legal services that are provided in accordance with the agreement for legal services, as memorialized by an engagement letter, or that are otherwise authorized by this policy or a majority of the Board. The Superintendent, his or her designee, and Board President, are each authorized to confer with and/or seek the legal advice of the Board Attorney. The Board may also authorize a specific Board member to confer with the Board Attorney on its behalf. The Superintendent may authorize the Board Attorney to represent the District in any legal matter until the Board has an opportunity to be informed of and/or consider the matter. The Board retains the right to consult with or employ other attorneys and to terminate the service of any attorney. LEGAL REF.: Rule 1.7 (Conflict of Interest: Current Clients) and Rule 1.13 (Organization as Client) of the Ill. Rules of Professional Conduct adopted by the Ill. Supreme Court. CROSS REF.: 4:60 (Purchases and Contracts) Adopted: April 30, 2020 The School Board selects and retains the Board Attorney(s). The Board may use this checklist for guidance when it selects and retains attorney(s) and/or law firms for legal services. This checklist is designed for the Board to use a request for proposal (RFP) process to seek outside attorneys/law firms. The Board may also select an attorney without using an RFP process and adapt this checklist. The Board may also adapt this checklist and use it for an application process, if the Board seeks an inhouse attorney. For more information, call the IASB Office of General Counsel; see its current phone numbers at xxx.xxxx.xxx/xxxxx-xx/xxxxx/#xxxxxx-xxxxxxx-xxxxxxx.
1. Review Board policy 2:160, Board Attorney. Note: Critically analyze whether the District’s legal needs are best served by in-house attorney(s) or outside attorney(s)/law firms. Many districts use a combination of these services. Many districts also use multiple attorney(s)/law firms for their specialties, e.g., different law firms for bond counsel, special education, or labor law. Some boards also approve a panel of attorneys and allow the administration to choose which attorney to use.
2. Consider the following factors to analyze the type(s) of legal services needed for the District including, but are not limited to: District’s size; Any past and current experiences with legal matters; Complexity of the District’s legal needs; Availability of expertise; and Cost of outside fees compared to internal staff expenses for an in-house arrangement.
1. Review policy 4:60, Purchases and Contracts. Note: While State law exempts hiring an attorney from bidding requirements (105 ILCS 10-20.21(a)), the Board may want to review its procurement processes and align procurement for legal services to its non-bidding-related standards for purchases, e.g., avoiding favoritism, staying within the District’s budget, etc.
2. Develop the list of qualifications. The major qualifications include, but are not limited to: Licensed to practice law in Illinois and in good standing with the Ill. Attorney Registration and Disciplinary Commission (ARDC) (see checklist item Conduct a reference check and other background investigations, below) Member of the District’s assigned United States district court and the Seventh Circuit Court of Appeals Substantive knowledge and experience in the legal areas matching District’s needs, e.g., bidding, civil rights, collective bargaining, education reform, employment law, Freedom of Information Act, Open Meetings Act, other records laws, special education, student rights, etc. Note: This list of knowledge and experience must be created by the District’s identified needs and may change from time to time. Experience in all aspects of contract, employment, and school law Experience that meets the District’s needs, including litigation experience in State and federal courts Membership in professional associations, such as, the Ill. Council of School Attorneys (ICSA) and education law sections of bar associations, etc. Demonstrated knowledge of and ability to apply professional responsibility rules Accessibility for the District’s identified needs, e.g., evening Board meetings, phone calls, etc. Ability to declare that representation of the District will be to the exclusion of all other clients having potential conflicts with the District’s interests When additional qualifications apply, list those qualifications for providing legal services. This may include specialties such as bond counsel, etc.
1. Insert the list of qualifications that the Board developed.
2. Include the following information: The deadline for responses to be submitted The location (address or email) where responses should be sent A statement that the Board is soliciting proposals from qualified lawyers and law firms to provide legal services to the School District Significant information about the District (see policy 1:30, School District Philosophy, for the District’s mission statement that is specific to the community’s goals) The scope of work, e.g., “The Board Attorney will provide legal advice concerning [typical duties, specific duties, excluded duties].” Qualifications Details about interviews and presentations
3. Specify what responders must include in their responses, such as the following: Cover letter, complete name, address, and legal structure (if the responder is a law firm) The individuals who prepared the response, including their titles If different from above, the identity of and directory information for the individuals who have authority to answer questions regarding the submitted proposal A proposed fee schedule, e.g., “Respondents may combine set fees and hourly fees. If hourly fees are proposed, please provide the minimum time increment for billing purposes. If a retainer agreement is proposed, please specifically describe options.” A summary of the responder’s relevant experience representing public schools A writing sample An assurance that the responder meets the RFP’s qualifications References including current or past clients
Appears in 2 contracts
