Job Description

Title:   SCHOOL BOARD ATTORNEY

Position Type: Exempt

Primary Function:

The primary function of the school board attorney is to serve as the chief legal advisor to the School Board, providing legal advice to the School Board, the Superintendent and Division Administration leadership in accordance with the laws of the Commonwealth of Virginia, the regulations and policies adopted by the Virginia Board of Education and the regulations and policies adopted by the Board. The work requires regular independent judgment and the ability to independently prioritize and organize work. The school board attorney interfaces with School Board Members, the Superintendent, School Division staff and school administrators, staff, parents, patrons, litigants, and their counsel, and outside entities including the courts, law enforcement, and other agencies involved in justice, state and federal legislative and executive agencies. Perform complex professional and administrative work involving the coordination and direction of the legal services for the School Board and the School Division.

Minimum Qualifications:

• A Juris Doctorate degree from an accredited law school.
• Extensive experience as a practicing attorney, some of which shall have been in the practice of municipal law or public education law.
• Active membership in good standing in the Virginia State Bar.
• Eligibility to practice law in the Commonwealth of Virginia.

Knowledge, Skills and Abilities:

• Knowledge of modern principles, practices, procedures, and substance of local, state, and federal law.
• Knowledge of organizational procedures and legal responsibilities of the various departments and schools of the School Division.
• Knowledge of the substantive law of Virginia with respect to municipal corporations; and a broad knowledge of all fields of law that may pertain to the organization and operation of municipal corporations including the judicial and administrative interpretations with respect thereto.
• Must be skilled in researching various complicated legal problems and in preparing legal opinions and formulating strategies of negotiation in order that the School Board's interests may be advanced.
• Must have the ability to analyze and prepare various complicated legal documents to advance important interests of the School Board; and working effectively with certain department heads and other personnel in sensitive areas.
• Must have the ability to work with little or no supervision and to instruct and direct the proper preparation of legal documents and pleadings to achieve maximum quantity and quality of work product; analyze and evaluate legal problems and formulate solutions under stress-inducing time constraints.
• Must have the ability to deal successfully and effectively with individual department heads, management, and the public; communicate and express ideas effectively both orally and in writing, and exercise discretion while making decisions with respect to controversial legal issues.
• Must be proficient in the use of technology and data compilation for research, analysis, and reporting.
• This position is limited to licensed Virginia attorneys with specialized skills; attorneys shall possess a high level of expertise as reflected by their prior accomplishments in the specialty field.

Performance Responsibilities:

• Provide legal opinions for the School Board and the School Division.
• Receive general policy direction from the Superintendent and/or School Board.
• Manage all School Board and School Division legal matters not assigned to outside legal counsel.
• Monitor and work collaboratively with outside legal counsel hired to handle certain legal work of the School Board and the School Division.
• Attend all meetings of the School Board to furnish written or verbal opinions on questions of law and procedure when necessary.
• Prepare, research, prosecute and defend civil litigation/truancy in county and state appellate courts and teacher license revocation hearings before the Virginia Department of Education.
• Work with staff to review School Board policies, drafting and/or reviewing regulations and standard operating procedures in accordance with policy and law.
• Review for legal sufficiency Board committee bylaws, policies, regulations, and resolutions, drafting updates as needed.
• Draft and review purchasing solicitations and draft contracts, draft/review deeds, draft/review memorandums of agreement or understandings, review software contract and develop addendum and data privacy agreements, draft and negotiate cell tower leases, and draft other legal instruments of which the School Board or the School Division are a party or has an interest therein as requested.
• Represent and advise the School Board and the School Division and employees regarding subpoenas, compliance with court orders, and interpretation of child custody and visitation orders, truancy, and criminal matters.
• Assist all departments and school-based personnel with matters involving potential legal ramifications which may arise in their departments.
• Decide major legal questions referred by staff on claims, leases, contracts, administrative proceedings, compliance with FOIA, COIA, Public Procurement, ADA, and Title IX and other related legal matters and settle matters as authorized by the School Board or designated agents.
• Supervise legal interns, instructing them on legal processes and the mechanics of drafting legal documents, representing clients in court, and legal research, on an as needed basis.
• Provide training/training sources for the School Board and School Division staff on matters related to the law or as required by Virginia law.
• Performs other duties as assigned by the School Board or upon request of Division staff.

Reports to:

Terms of Employment:

Twelve months a year in accordance with the terms of any employment contract.

Evaluation:

Performance of this job will be evaluated by the School Board in conjunction with the Superintendent to encompass a review of all performance responsibilities.

4/10/2024