9-Scope of Work- External Legal Services (Bonfire) upload.pdf

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I. STATEMENT OF WORK

Dallas ISD is accepting responses to this Request for Qualifications from qualified law offices/firms to serve as external legal counsel on an as-needed basis. Law offices/firms are needed to provide legal services for matters related to board matters, bonds, employment matters/employment litigation, elections, E-Rate, general litigation, immigration law, intellectual property, investigations, small business enterprise (SBE) program, open government issues (Open Meetings Act and Texas Public Information Act), real estate/construction law, special education and section 504, and other legal services that may be required.

As requested, selected counsel will provide in-service training on legal matters for the purpose of keeping administrators, Board members, and internal legal staff informed of the latest changes in the laws and prevent errors in the application of the law. The Office of Legal Services (Legal Services) provides in-house legal counsel to the Superintendent of Schools, Board members, and staff on various legal issues in school law relating to local, state, and federal laws, rules, and regulations, as well as District policy and administrative procedures. Legal Services represents the Dallas ISD in judicial and administrative proceedings and monitors the legal services contracted with external law firms. Except for legal services performed by the Board's counsel at the Board President's requests under Board Policy BDD (Local), assignments to external counsel will be made by Legal Services.

II. CATEGORY OF PROPOSED LEGAL SERVICE

Board Counsel Selected counsel should have direct experience with Public Facility Corporations. Selected counsel will provide legal advice to members of the Board of Trustees on Superintendent Contract Matters and other school law matters on an as-needed basis.

Bond Counsel Selected counsel should have direct experience with Public Facility Corporations. Selected counsel will assist the Administration and Board of Trustees regarding bond elections and will plan and assist with bond-related activities, including the structuring, sale, or refunding of bonds and review of official statements. The services will include, but are not limited to, the following: act as issuers disclosure counsel; assist in the preparation of required documentation that relate to the debt obligations, financing documents, legal authority, bond counsel opinion and tax exemption; prepare and review all debt obligation documents necessary or appropriate for the authorization, issuance, sale and delivery of debt obligations;

prepare, review and comment on documents necessary or appropriate to the authorization, issuance, sale and delivery of the bond(s); provide advice and assist the District in obtaining governmental approvals, rulings, permissions, and exemptions necessary or appropriate to the issue; provide guidance in structuring with respect to taxable/tax exempt status of interest paid on bonds; advise on legal use of bond proceeds and the legal investment thereof; advise on matters relating to compliance with federal regulations or state laws as they may arise in the context of debt obligations; work with the District's financial advisor(s), underwriter(s), attorney(s), credit enhancer(s), staff and legal counsel for the underwriter(s), as applicable in structuring and issuing debt obligations; attend District's Board meetings and work sessions as necessary when debt obligations are on the agenda and the Board desires the advice of Bond Counsel; prepare necessary election proceedings for debt obligations or pursue validation proceedings and advise on matters related thereto (e.g. election code, voter education materials, publication requirements, etc.); and advise the district on matters relating to taxation, including the IRS tax rate and tax ratification elections.

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Construction Law/Real Estate Law Selected counsel will provide legal advice in drafting and negotiating construction and real estate contracts and provide legal representation in contested construction and/or real estate-related litigation. Selected counsel will provide, as needed, legal counsel on construction bond issues. Selected counsel will also provide legal advice on eminent domain transactions.

Elections Selected counsel will advise administration regarding all matters concerning Board of Trustee elections, including but not limited to, general, special, bond, home rule, and tax ratification, and preparing all necessary documents to be prepared and/or filed during the Board member election process.

Employment Matters/Litigation Selected counsel will provide legal advice on all facets of labor and employment law and represent Dallas ISD in contested and non-contested matters. Counsel will represent Dallas ISD in state and federal trials and appeals, and administrative hearings.

Counsel will provide legal advice on general personnel matters, including but not limited to hiring, discipline, incentive programs, wage and hour, privacy, ADA, FMLA, suspension, probation, termination, discrimination, workers compensation, grievances, employment contracts, and compliance with Chapter 21 of the Texas Education Code. The District may further request compliance audits and investigations related to employee misconduct. See Investigations Category.

E-Rate Counsel Selected counsel will provide advice and representation in matters regarding Request for Proposals and compliance with Federal Communication Commission (FCC) competitive bidding regulations governing the Universal Services Administrative Company's (USAC) distribution of schools and libraries universal support program funds known commonly as "the E-Rate Program". E-Rate is one of several universal service programs created by the Federal Telecommunication Act of 1996 (Act). The Act directed the FCC to establish competitively neutral rules to enhance access to advanced telecommunications and information services for all public and non-profit elementary and secondary school classrooms, health care providers and libraries, and requires telecommunications carriers to provide services eligible for universal service support at discounted rates as determined by the FCC as appropriate and necessary to ensure affordable access to and use of such services by such entities.

General Litigation Selected counsel will have extensive experience in representing school districts in state and federal cases and represent the District covering a broad range of legal issues relating to public education law, employment law, contract law, and related issues affecting a school organization. A list of school district cases, the area(s) litigated (i.e., section 1983), and the disposition of each is required for consideration in this category.

Investigations Selected counsel will provide thorough independent investigations of primarily non-criminal misconduct. Investigations may include systemic concerns involving employees, educational programs and/or students, EEO-related matters, financial improprieties, or other matters of concern.

Immigration Selected counsel will provide legal services on immigration issues that arise related to employees and students. Primarily, selected counsel will provide legal services regarding the employment and retention of H-1B and J-1 workers. Selected counsel must be able to demonstrate the ability to handle a significant caseload in a short timeframe and, to the extent possible, the electronic handling of application requests.

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Intellectual Property Selected counsel will provide general legal advice related to intellectual property laws, including copyrights, trademarks, licensing, trade secrets, and patents.

SBE/Procurement

Selected counsel will provide legal advice, training, and other services regarding compliance with applicable legal standards for the District's SBE program.

Open Government Matters

Selected counsel will provide legal advice regarding open meeting issues under Chapter 551 of the Texas Government Code and requests for information under Chapter 552 of the Texas Government Code.

Special Education & 504

Selected counsel will provide legal advice and representation in contested and non-contested matters, including representation at ARD meetings, due process hearings, 504 meetings and hearings, and state and federal trials and appeals.