NCSA Legal Support Program
Established in 1981, the NCSA Legal Support Program provides funds for legal assistance to active members on matters relating to their employment contract. The primary purpose is to support active NCSA members and assure "due process" is provided by the local board of education relating to their contract, statutory and regulating guarantees.
The following information is designed to answer commonly asked questions regarding the Legal Support Program.
Who may access the Legal Support Program?
Under this program, all active NCSA members in good standing are qualified to request funds for legal assistance. NCSA Associate, Student, and retired members are excluded from accessing the benefits of this program.
For what purpose may the funds be used?
Any active member who has been notified that his/her contract will not be renewed, that it is to be terminated or substantially altered, or that there is substantial evidence which suggests a change in status, may access the benefits of this program. The funds may only be used to assist a member with legal fees incurred on matters involving employment contractual disputes.
How are funds dispersed?
Fees are paid directly to the member's attorney by NCSA after a copy of the statement is received.
What are the procedures to access the program?
The Program is comprised of three levels for the purpose of fund disbursement. Each level requires a member to follow a specific, yet simple, set of procedures.
LEVEL ONE. For legal clarification on matters concerning contractual disputes members are entitled to receive up to $500.00 for attorney fees.
Procedure. To access Level I funds, a member must simply contact the NCSA office. If all membership requirements are met, NCSA will authorize the expenditure of up to $500.00 for legal fees.
A member may also request the advice from a retired or active NCSA member who may be able to offer non-legal assistance support. The executive director or associate executive director will contact a retired or active NCSA member on behalf of the member requesting assistance under the NCSA Legal Support Program.
For cases before the Professional Practices Commission (P.P.C.), a member may contact NCSA and request Level I funds after the P.P.C. has completed its initial on-site investigation and has set a formal hearing date.
LEVEL TWO. Up to $500.00 in additional funds may be requested for legal assistance under Level II of the Program.
Procedure. To access Level II funds, a member must comply with the following steps:
- All funds initially authorized under Level I must first be exhausted.
- Upon the request of the member for Level II funds, the executive director or associate executive director may authorize the expenditure of up to an additional $500 for attorney fees.
- A member may also request the advice from a retired or active NCSA member who may be able to offer non-legal assistance and moral support. The executive director or associate executive director will contact a retired or active NCSA member on behalf of the member requesting assistance under the NCSA Legal Support Program.
LEVEL THREE. Up to an additional $500.00 may be requested for legal assistance under Level III of the program.
Procedure. To access Level III funds, a member must comply with the following steps:
- All funds initially authorized under Levels I and II must first be exhausted.
- Upon written request by the member for Level III funds, the NCSA office will forward the request to the current presidents of the five affiliate associations. The written request should give a brief summary of the events and circumstances involved in the case including dates, documentation and action taken by the school district that has caused you to seek legal support.
- The five affiliate presidents may authorize the expenditure of up to an additional $500.00 for attorney fees.
- Prior to Level III funds being approved by the affiliate presidents the administrator must meet with a retired or active NCSA member for non legal discussion regarding their claim for legal assistance.
Take the following steps to ensure maximum assistance on your behalf.
- Do not resign. You are eligible for NCSA Legal Support fund only if you maintain your present position and do not resign.
- Don’t make any threats. Threats usually work against your best interests.
- Don’t sign anything if you are uncertain about the terms as your signature may bind you to an agreement you will later regret.
- Don’t make any public statement until your attorney advises you of a appropriate statement and when to make it.
- Carefully read the contents of this brochure to understand the Legal Support Program offered to NCSA members.
NCSA strongly encourages administrators to maintain membership in their national affiliate association for additional legal support benefits and eligibility for professional liability insurance plans.
AASA -- 703/528-0700
NAESP -- Forest T. Jones Company -- 800/821-7303 Ext. 123
NASSP -- 703/860-7274
For more information about the NCSA Legal Support Program, contact:
Mike Dulaney, Executive Director