for Expanded Legal Services - PDF document

1 Costs & Process for Expanded Legal Se
Costs & Process for Expanded Legal Services Costs for the Expanded Option … The member must personally pay an initial enrollment fee of $500 and an ongoing annual fee of $250 for each subsequent year . The enrollment/renewal fee must be paid at least one year prior to the time the legal issue or probl em arose . Eligible members who have not paid the enrollment fee and request PASA’s expanded services will be assessed an initial enrollment fee of $2,000 and an ongoing annual fee of $250 for each subsequent year. After a member has accessed the expanded services, in order to continue to receive PASA’s Expanded Legal Services for a continuing legal matter, the member must continue to pay in full all PASA membership fees and dues, including the annual $250 fee for pa rticipation in the program, even if the members has resigned, been terminated and/or no longer holds a valid commission or works as a chief school administrator. Should more than 10 hours of direct legal representation be necessary, the member will be req uired to pay for continued representation by PASA attorneys at the current hourly billing rate . (See the policy for details.) Process for Obtaining Direct Legal Representation … To obtain services through the Expanded Services option, eligible PASA members who have paid the enrollment/renewal fee in full must: 1) Agree in writing to the terms of PASA Legal Services Policy 2) Submit a completed application and a request for PASA legal services 3) Confirm having paid all required fees and dues for membership and legal services 4) Upon approval to receive direct legal services, sign a representation agreement with PASA’s attorney 5) Upon receiving outside coverage for legal costs (i.e. AASA insurance) and/or attorneys ’ fees and/or costs in a successful challenge, re imburse PASA for legal costs, including fees and expenses Limitations PASA does not provide legal representation regarding school district operations, criminal acts or investigations, federal law issues and litigation, professional misconduct proceedings under the Professional Educator Discipline Act, issues not related to the member’s employment status or employment contract, or issues collateral to employment contract issues, including but not limited to Workers’ Compensation and Unemployment Compensati on. In addition, PASA reserves to the right to decline, limit, assign outside counsel, condition, suspend and/or terminate legal services and representation in certain circumstances. (See the PASA Legal Services Policy for details and other exclusions .) To subscribe to PASA’s Extended Legal Services Program, send the fee and complete d enrollment/renewal form ( www.pasa - net.org/LegalDefense.asp ) to: 2608 Market Place Harrisburg, PA 17110 (717) 540 - 4448 FAX: (717) 540 - 4405 www.pasa - net.org Address q uestions to PASA Gene ral Counsel Virginia Montgomery. Email: vmontgomery@pasa - net.org Phone: (717) 540 - 4448 Pennsylvania Association of School Administrators Proud Leadership for Pennsylvania Schools PASA Legal Services Program General Legal Services , Expanded Legal Services Option for Commissioned Officers in effect as of Oct. 1, 2014 The Expanded Legal Services Option ensures you will have the professional support you need when you need it. About the PASA Legal Services Program… LEVELS OF SERVICE Legal Services & Resources for Commissioned Officers General Expanded Employment contract resources X X Education and training (written resources, contract development, seminars and workshops X X Legislativ

2 e analysis and advocacy X X Amicus
e analysis and advocacy X X Amicus briefs (of general interest to PASA members) X X Timely, practical and relevant responses to correspondence regarding employment issues X X Assistance regarding the review of initial and renewal employment contract terms X X Development, negotiation and preparation of employment contracts * X X Direct legal representation and advice concerning resolution of disputes, conciliation of employment disputes, and development, negotiation and preparation of severance, separation, retirement and/or settlement agreements with employers X Ten (10) hours of direct legal representation and advice for employment - related legal matters , including enforcement of contract terms, breach of contract actions, termination/removal, due process and all phases of litigation . ( See Policy for details .) X *This service also is available to members and non - members who are being considered for appointment to their first commission and to experienced administrators who are relocating from another state and moving into a commissioned position in Pennsylvania . Why You Need PASA’s Legal Services Program… Commissioned officers increasingly face challenges to their employment as political, financial and achievement pressures on public education continue to grow. PASA’s Legal Services Program supports member needs for legal advice relating to their employment contracts, performance evaluations, relationship with the board, removal proceedings and other employment - related issues. PASA legal staff is available to d iscuss employment - related issues with PASA members and provide assistance tailored both to meet the desired goals and protect the individual interests of each PASA member. General Legal Services PASA’s legal staff provides a wide range of general legal resources and services to all commissioned officers who are PASA members . (See Levels of Service chart.) In addition, individual members have access to employment contract resources, education and training, legislative analysis and advocacy, amicus briefs in the interest of PASA members, response to calls, emails or correspondence on employment - related issues, assistance with contract development and negotiation in employment agreements, and review of initial contract/renewal contract terms. These services are offered to members at no cost. In addition, PASA will provide up to three hours of assistance with contract development and negotiation to non - members who are being considered for appointm ent to their first superintendency and to experienced superintendents who are relocating from another state. Expanded Legal Services Eligible PASA members who elect and subscribe to this service annually have access both to General Legal Resources and Services and direct legal representation and advice on employment - related issues, including:  Informal resolution of issues and disputes between PASA members and school boards  Expanded conciliation of employme nt disputes between Commissioned Officers and their Boards  Development, negotiation and preparation of severance, separation , retirement and/or settlement agreements In addition, those electing Expanded Legal Services receive up to ten (10) hours of direct representation in all phases of litigation and due process hearings regarding employment contract issues. (See Levels of Service chart and the PASA Legal Services Policy .) Consider this option as an insurance policy to protect YOU as a school system leader . more� For complete details regarding PASA’s Legal Services Program, please review PASA Legal Services Policy on the PASA website at www.pasa - net.org/LegalDefense.asp