Strictly a guess but I think that they originally probably had an old school closed door type of meeting and made some initial decisions that the legal team is attempting to cover for now.If anyone thinks that the administration is not following the advice of the their legal counsel they are just plain wrong. In my opinion, of course. In this day and age of sue everyone, I can guarantee every step is calculated through advice they are paying $300+ per hour to get. It's not a message board where immediate opinions and stances are taken and if you are wrong, no big deal. If I am wrong with my assumption, then the school district/administration deserves everything that is coming to them.
As far as legal counsel goes Barta was following legal counsel advice on the lost lawsuit with Meyer/Griessbaum.
The person who finishes last in law school.......is still probably a lawyer.