he path of public education in the United States has been shaped, in part, by landmark legal cases such as Brown v. Board of Education, Lemon v. Kurtzman and Plyler v. Doe. Closer to home, Mendez v. Westminster and Serrano v. Priest have made an enduring impact on California’s school system. So, while litigation is never the first option for the change our schools desire, it is a powerful last resort.
The ELA’s success has prompted many CSBA members to ask for assistance on more routine, yet vitally important matters that impact governance, student achievement, the conditions of children and district finances.
We considered how we could fill this need — with deliberations resulting in the creation of CSBA’s District and County Office of Education Legal Services, which we proudly launched in August 2021. Now, for a subscription fee, district and COE decision-makers, including each trustee and the superintendent, may seek legal advice from one of CSBA Legal Services’ staff attorneys. Even districts with in-house counsel can greatly benefit from this new service, whether it’s by consulting with our experienced attorneys or utilizing them when an independent investigation is required.
Our Legal Services attorneys can provide research assistance on district- or county-specific legal issues; respond to questions that require the preparation of memoranda or legal opinion; conduct discreet investigations; and evaluate discrimination, sexual harassment and conflict of interest claims. Our attorneys are also well-equipped for administrative agency proceedings and to provide assistance or representation in matters pending before various state agencies involving general and special education matters, special education compliance complaints, professional licensure issues and unfair labor practice complaints.
We recognize that, despite best efforts, actual or potential conflicts can arise. Ethical rules requiring attorneys to steer clear of even the appearance of impropriety may preclude regular counsel from handling a particular matter. When these situations arise, CSBA’s Legal Services is ready to step in.
Additionally, in situations such as employee discipline hearings, student grade changes or expulsion hearings, due process requirements can require that the prosecution role be handled by an attorney who is separate and independent from the attorney serving as the hearing officer or advisor to the school board. CSBA Legal Services attorneys are available as outside counsel for these roles.
The areas in which CSBA Legal Services can assist are as varied as the legal obstacles that LEAs face — and those challenges have never been more significant.
LEAs are now confronted by more uncertainty, more potential liability, more complicated stakeholder relations and a more highly charged atmosphere than at any period in history. This is not the time to take chances or to compromise on your legal representation. With CSBA Legal Services, you won’t have to, and you can do it at an extremely affordable rate.
Please visit the new Legal Services website at https://legalservices.csba.org to learn more about this new member service.