It will be the duty of the counsel for the Committee to advise the School Committee and the Superintendent on the specific legal problems submitted to them. They will attend meetings upon request and will be sufficiently familiar with Committee policies, practices, and actions under these policies, and with requirements of the school law to enable them to offer the necessary legal advice.
A decision to seek legal advice or assistance on behalf of the school district will be made by the Committee. The Superintendent may also take such action at the direction of the Committee.
Many types of legal assistance are routine and do not require specific Committee approval or prior notice. However, when the Superintendent concludes that unusual types or amounts of professional legal service may be required, they will advise the Committee and seek either initial or continuing authorization for such service.
The School Committee may use the services provided by the town counsel. The Committee and the Superintendent may seek their services to counsel and represent the school district at various times.
SOURCE: MASC - Reviewed 2022
LEGAL REFS.: M.G.L. 71:37E; 71:37F
NOTE: Town or city charters often state that the town counsel or city solicitor will provide certain services for the School Committee. References to such sections(s) of a charter should be added to the legal references. In addition, it is important that a School Committee establish guidelines for access to legal counsel by individual members. In most cases this is allowed only with prior approval of the whole Committee.