“... I think it is important the public knows ensuring the board has good legal counsel is beneficial to the town as well.” ~Michelle Embree Ku

Responding to recent discussions over the school district’s legal counsel and its duties and responsibilities, district representatives shared information on the law firm’s role in the district.

Near the start of February, First Selectman Dan Rosenthal expressed concern over the fact that the law firm Shipman & Goodwin was representing both the school district and a developer taking legal action against the town in a land use matter. He planned to attend a February 19 Board of Education meeting to formally call for the firm to be “terminated in an orderly fashion,” as previously reported by The Newtown Bee.

However, before the school board’s February 19 meeting, it was confirmed that Shipman & Goodwin would no longer represent the developer. Board of Education Chair Michelle Embree Ku then took up the topic at the February 19 meeting, saying that while the issue seems to be resolved, she feels “The entire board perspective is missing from the public discourse. And I think it is important the public knows ensuring the board has good legal counsel is beneficial to the town as well.”

Shipman & Goodwin, Ms Ku said at the meeting, has a “unique approach” and provides the school board with a service that “largely helps us avoid legal snafus” and works with district families and staff for special education services, contract negotiations, employment issues, and policy feedback.

Following the meeting, Ms Ku said there are four areas where Shipman & Goodwin supports the district — special education, collective bargaining, Board of Education policies, and labor and employment.

From talking with staff and attorneys, Ms Ku said she understands Shipman & Goodwin works to resolve cases regarding special education in an amicable way that maintains relationships between schools and families. According to information provided by Ms Ku, if the district and parents cannot come to an agreement, Shipman & Goodwin would represent the district in court.

“They are very unique among the law firms in Connecticut that practice school law, and that is [because] they have a heavy emphasis on education so that districts can avoid getting into legal issues in the first place,” said Ms Ku.

Reflecting on her own experience concerning collective bargaining, “Our lead attorney recognizes that it is a process in which opposing interests are brought to the table, but by respecting and understanding the different perspectives, productive conversations that move the district in a positive direction are most often the result,” Ms Ku wrote recently. “By bringing information and data to the process, realistic goals can be achieved.”

Regarding Board of Education policies, Ms Ku said Shipman & Goodwin helps the district remain in compliance with changing legislation and needs.

School board Vice Chair and Policy Committee Chair Rebekah Harriman-Stites said the committee has been working on going through every board policy, and some have not been looked at in 30 years. Many legislative changes have occurred in that time, and Shipman & Goodwin offers legal perspective, along with the Connecticut Association of Boards of Education (CABE), providing educational input.

“They have provided us with very good counsel,” said Mr Harriman-Stites, adding that she has also not worked with a different legal counsel during her time on the board. Later, she said, “They are very timely in their responses.”

For labor and employment, Ms Ku said the firm advises central office employees on issues.

According to information provided by Shipman & Goodwin in its request for proposal (RFP) in 2015, when the law firm was retained by the district as representation for matters excluding special education, the firm established a “minisite,” ctschoollaw.com, to provide school law resources and descriptions. It also provides complimentary semi-annual seminars for its school district clients, along with other efforts. Since 2015, Shipman & Goodwin has also provided in-service training program presentations for Newtown Public Schools, covering legal topics for administrators, the school board, and staff. In 2016, Shipman & Goodwin’s representation expanded to include special education matters.

A Breakdown Of Costs

The school district, Director of Business Ron Bienkowski said, is one of the biggest employers and businesses in the community. He said, like businesses, the district faces the same types of issues any other organization would have with employees, negotiations, and liability issues.

“It’s very important to have a dependable legal counsel available that is familiar with education to be able to advise us with everything happening in the area,” he said.

Ms Ku shared a breakdown — compiled by Mr Bienkowski — of professional services provided by legal counsel for the district since the 2013-14 school year.

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[naviga:li]For 2013-14, the district spent $162,516, with 2.2 percent spent on negotiations and labor matters, 43.4 percent on other legal matters, and 54.4 percent on special education matters;[/naviga:li]

[naviga:li]In 2014-15, the district spent $310,894, with 10.9 percent spent on negotiations and labor matters, 47.1 percent on other legal matters, and 42 percent on special education matters;[/naviga:li]

[naviga:li]In 2015-16, the district spent $455,229, with 14.8 percent spent on negotiations and labor matters, 20.9 percent on other legal matters, and 64.3 percent on special education matters;[/naviga:li]

[naviga:li]In 2016-17, the district spent $215,902, with 21.3 percent spent on negotiations and labor matters, 41.3 percent on other legal matters, and 37.4 percent on special education matters;[/naviga:li]

[naviga:li]In 2017-18, the district spent $226,722, with 23 percent spent on negotiations and labor matters, 29.2 percent on other legal matters, and 47.8 percent on special education matters;[/naviga:li]

[naviga:li]As of the end of the December, for the 2018-19 school year, the district has spent $80,992, with 12 percent on negotiations and labor matters, 42.3 percent on other legal matters, and 45.7 percent on special education matters.

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Mr Bienkowksi noted that legal counsel representation changed in 2015-16 for negotiations and labor matters and other legal matters and changed in 2016-17 for special education matters.

Ms Ku expects to share a memorandum from Shipman & Goodwin with the board ahead of the school board’s next meeting, scheduled for March 5, that shares a summary of its legal services provided to the Newtown Board of Education since it was first retained.