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Board Attorney Policy 2610

Purpose

The Eastern North Carolina School for the Deaf (ENCSD) Board of Trustees recognizes the need for competent legal counsel to support effective governance, ensure compliance with applicable laws, and protect the interests of the school.  This policy establishes the authority, role, and expectations related to the appointment and use of a Board Attorney, in alignment with applicable federal and state laws.

I. Policy Statement

The Board of Trustees shall retain a qualified attorney or law firm to serve as legal counsel to the Board.  The Board Attorney shall advise the Board on legal matters related to governance, policy, and operations and shall represent the Board when authorized.  Legal services shall be provided in a manner that supports transparency, ethical governance, and the rights of all stakeholders, including Deaf and hard of hearing students, families, employees, and members of the public.

II. Appointment and Authority

  1. The Board of Trustees shall appoint and retain the Board Attorney and determine the scope and terms of legal services.
  2. The Board Attorney serves at the pleasure of the Board and may be replaced or dismissed by Board action.
  3. The Board Chair, or designee, may communicate with Board Attorney on behalf of the Board, consistent with Board directives.

 

 

 

III. Roles and Responsibilities

The Board Attorney may:

  1. Provide legal advice to the Board on matters of governance, policy development, and compliance with federal and state laws
  2. Advise the Board on issues related to meetings, public records, ethics, and due process
  3. Represent the Board in legal proceedings or negotiations when authorized
  4. Review and provide guidance on contracts, agreements, and other legal documents as requested by the Board
  5. Assist the Board in understanding legal obligations related to the rights of students and employees, including obligations under IDEA, ADA, Section 504, Title IX, and other applicable laws  

IV. Relationship to the Superintendent and Administration

  1. The Board Attorney represents the Board as a governing body and does not serve as legal counsel to individual Board members, employees, or students unless specifically authorized by the Board.
  2. The Superintendent or designee may consult with the Board Attorney at the direction of the Board or Board Chair on matters affecting Board governance or legal compliance.
  3. Nothing in this policy shall limit the Superintendent’s authority to seek separate legal counsel as permitted by law.

V. Accessibility and Effective Communication 

When participating in Board meetings, communications, or proceedings involving ENCSD stakeholders, the Board Attorney shall support the provision of effective communication and reasonable accommodations for Deaf and hard of hearing individuals, consistent with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.

 

 

 

V. Accessibility and Effective Communication 

When participating in Board meetings, communications, or proceedings involving ENCSD stakeholders, the Board Attorney shall support the provision of effective communication and reasonable accommodations for Deaf and hard of hearing individuals, consistent with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.

VI. Confidentiality and Ethics 

  1. Communications between the Board and the Board Attorney shall be subject to attorney-client privilege, as provided by law.
  2. The Board Attorney shall adhere to all applicable professional ethical standards and legal requirements.

Legal References

  • North Carolina General Statutes §§ 115C-47, 115C-390 et seq.
  • Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.
  • Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794
  • Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.
  • North Carolina State Board of Education Policies related to student conduct
Policy