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KASA is
your connection to effective, full-time protection for you as a
professional educator. KASA provides members with the services
of a full-time staff attorney. In addition, funds are available
to help active* members defray the cost of private legal representation
when required.
- The KASA General Counsel is available full time for consultation,
advice, opinions, or information.
- There are no limits on the frequency of requests for assistance
nor the amount of time available per request.
- Assistance includes, but is not limited to, interpreting statutes,
determining alternatives, developing strategies, research, and
identification of cases and Attorney General Opinions relevant
to a particular incident.
- Assistance may also include, in appropriate instances, direct
consultation and assistance provided to a member's retained counsel
during pending litigation, upon request of the member and his/her
attorney. This would include attending hearings, filing briefs,
etc.
- In limited instances, with prior approval of the KASA Executive
Committee, the KASA General Counsel may provide direct representation
to members in litigation of substantial importance to the KASA
membership as a whole.
- The KASA General Counsel assists the membership as a whole
by periodically providing updates; such as changes in the law,
new cases, Attorney General Opinions relating to school law.
- The KASA General Counsel will occasionally meet with members
on the regional level to discuss legal topics of general interest
and to address specific topics or questions.
Eligibility Criteria for Legal Assistance: All members are
eligible for legal assistance. A person requesting legal assistance
must have been a member in good standing at the time of the occurrence
of the action for which the request is made, and at the time of the
request.
Procedures for Requesting Legal Assistance:
- Contact the KASA General Counsel directly by phone, letter, or in
person to explain the nature of the request and the type of assistance
needed.
- The appropriate action will be taken by the KASA General Counsel as
soon as possible based upon the nature of the action requested and other
factors, such as time constraints, etc.
- If necessary, the KASA General Counsel will arrange to meet with the
member and any other appropriate parties at a mutually convenient time
and place.
Legal Action Funds: Funds are made available to active* (*excludes
Associate, Student and Emeritus members) KASA members to assist with employment-related
problems, including due process, breach of employment contract, assignments,
demotions, salary, suspension, and dismissal. This component will pay for
direct legal consultation, which includes filing of motions, representation
at hearings, etc. KASA will provide at least $1,000 to eligible members
as legal assistance funds. This amount, along with $250 provided by the member,
is paid by KASA directly to the member's attorney. In addition, all
members receiving legal assistance funds will have a premium of $50 added
to the funds for each consecutive year he or she has been a KASA member.
This premium can increase the total amount of legal assistance funds to a
maximum of $2,000. Funds may be used for legal counsel to defend a
member against legal action, except for liability claims, and to take legal
action.
Eligibility Criteria for Legal Action Funds:
- All active* KASA members (*excludes Associate, Student and Emeritus
members) are eligible.
- A written request for funds must be made to the Executive Director
on an official request form with all facts and events relevant to the
incident incorporated into the request.
- The member shall affirm that his/her personal actions and behavior
have been in accordance with the KASA Code of Ethics.
- The member must demonstrate his/her inability to obtain satisfactory
assistance from the local school district or other services available
to school administrators (i.e., liability insurance).
- The problem for which Legal Action Funds are requested must have originated
in the performance of the member's assigned duty.
- Procedures for Requesting Legal Action Funds
- Contact the KASA General Counsel to request an application.
- Members receiving assistance from the KASA Legal Action Fund may request
to the KASA executive committee for an amount greater than $2,000 in
cases which have statewide implications for affecting membership.
Professional Liability Insurance: Members* (*excluding Student and
Emeritus members) can now purchase Professional Liability Insurance that
meets or exceeds that offered by their local school district. It includes
a provision for payment of legal fees when administrators are wrongfully
terminated or demoted. Coverage begins on the first day of the month after
the application is received and expires on June 30 of each calendar year.
The cost is $55 per year or partial year, PAYABLE IN LUMP SUM ONLY by
check or credit card. (Fee disclosure: Please be advised that the $55 insurance
cost represents a $45 premium; $5.13 state tax/fee; and an association administration
fee of $4.87.) |
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