After the Denver school board filtered the contract language to the district’s general counsel, who answers to Superintendent Alex Marrero, the board of education is now considering a policy that would allow them to retain independent legal services.

The Denver Public Schools Board of Education is expected to vote on a first reading of the measure when it meets Thursday.

Most legal issues will be handled by the district’s general counsel, currently held by Aaron Thompson, who reports to Marrero.

“The General Counsel shall not represent the interests of the Board or the Superintendent in legal matters between the Superintendent and the Board, such as the annual evaluation or employment contract negotiations,” the proposed policy says.

“In such matters, the Superintendent may engage external legal counsel at their own expense, while the Board may engage Board Counsel per this policy.”

In addition to contract matters, the board counsel’s primary duties will include supporting the superintendent’s annual evaluation, advising on regulatory compliance and policies, and attending board meetings.

In a split vote in May, the board approved giving Marrero a two-year contract extension with significant changes that included a supermajority requirement to remove the superintendent without cause and 90-day notice, up from the 60-day notice that was previously required.

As previously reported by The Denver Gazette, board members directed the language they wanted in the contract to Thompson.

Legal experts have said the school board may have run afoul of Colorado’s open meetings law by channeling discussions about Marrero’s contract extension through the district’s attorney and a secret, two-member committee.

Earlier language had proposed requiring the general counsel to report, for the previous three years, regulatory violations, lawsuits that include the prevailing party and monetary damages and external legal costs.

If adopted, the board could go out for a request for proposals every three years for counsel who would report directly to the president.

The legal counsel would be subject to the board-approved budget.

The board is also expected to consider three other policy governance measures that include the end goals of teaching and learning; the mental, emotional and physical wellbeing of students and in environment that encourages global citizenship.

Members have been hammering out the language for these policies for months.

The district is building what’s called a “policy governance model,” which represents a shift for leadership. This model establishes the responsibilities and relationship between the superintendent and board of education. In theory, the model allows the board to focus on advancing its vision for the district.