Legal Services Support for MASA members

By Roger Kurtz

October 03, 2007

Goals:
To support MASA members by providing legal assistance in employment related legal matters, ranging from contract inquiries to job-related legal actions and proceedings. To support MASA members by providing timely legal advice and information to the membership.

The Missouri Association of School Administrators will:

Assist members in contract preparation and in resolving questions regarding the employment contract.
Provide counsel, legal financial support and attorney referrals to assist members in responding to employment related legal disputes and proceedings.
Provide timely information to members regarding current case law and statutory changes affecting public education.
Assist in litigating issues of overriding importance to MASA members.

School Law Resource
MASA members may contact Penney Rector by calling the MASA office (573-638-4825) to secure answers to general school law questions.

Legal Assistance Program
MASA members with individual or employment related questions may contact Penney Rector. Ms. Rector will not assume responsibility for serving as the personal attorney for any member, but will be available to provide the member with general legal assistance, identify legal rights and responsibilities, and if requested, provide the member with information to secure a personal attorney.

Model Contract for Superintendents
MASA members may utilize MASA's model contract in discussions and negotiations with school districts. For a copy of the model contract, contact Penney Rector, MCSA Director of Legal Services, at the MASA office (573-638-4825).

Contract Advice
MASA members may contact Penney Rector to discuss the MASA model contract and/or receive advice concerning their contracts.

Legal Service Provider List
Upon request, members can receive a list of legal service providers and their areas of expertise. This list is a compilation of information from various sources and should not be construed as an endorsement of any listed providers.

Legal Financial Support Program
MASA will provide $700 to reimburse members for legal expenses incurred in defending employment-related legal proceedings, in accordance with the criteria stated (see "Financial Support Policy Criteria"). Additional financial support is available to individuals who are members of the American Association of School Administrators (AASA).

How to Request Financial Assistance

Notify the MASA office by telephone or in writing that you need legal assistance, including a brief description of the problem.
Depending on the particular facts, MASA may request additional information. In such cases, please provide the information in a timely fashion.
Send receipts to the MASA office for legal expenses incurred, up to $700.

Program Exclusions

The following areas are excluded from the Financial Support Program:

Bargaining unit negotiations
Management decisions whose defense is the responsibility of the school district or its insurer
Other matters as described in the criteria stated in this brochure or as otherwise determined by the MASA Executive Director

Financial Support Policy Criteria

The Missouri Association of School Administrators provides $700 for legal expenses incurred by the member in defending challenges to his/her contract.
The $700 will be paid to the member upon submission of a receipt to the MASA Executive Director verifying that the member has incurred at least $700 in legal expenses related to defense of the member's employment contract.
If the member is awarded his/her legal expenses as part of any settlement, he/she shall refund the $700 to MASA.
The legal proceedings for which assistance is requested must involve issues that are of general concern to the education profession.
If a member has access to other legal assistance, that assistance will be considered primary and MASA will not contribute assistance until that source is exhausted.
An additional factor to be considered is whether the claim is duplicative, repetitive and/or previously responded to in any school district.
If a request for assistance places MASA in a position in which the interests of members are in conflict, MASA reserves the right to determine whether or not to provide support.
The member will be eligible to receive assistance only once for each legal dispute. Legal proceedings that extend beyond the calendar year are considered part of the original proceedings and are not eligible for additional assistance.