Legal Defense Fund

PROCEDURES FOR JOINING THE

IAPSS will deposit twenty dollars ($20.00) into the fund for an Active Member, whose dues are not paid by the school corporation, unless that member signs the statement on the front of the yearly dues notice which states, “I do not authorize the payment of twenty dollars ($20.00)  into the Indiana Superintendents’ Legal Defense Fund under my name.  I also understand that failure to pay this twenty dollars ($20.00) fund membership will eliminate my participation in fund activities.”  IAPSS Active Members who elect not to participate in the Indiana Superintendents’ Legal Defense Fund may deduct twenty dollars from their yearly IAPSS dues.  This change in policy was made by the IAPSS Executive Committee in December, 1982 so that non-participants in the Legal Defense Fund would not be paying more IAPSS dues than a participant in the Fund.

A fee deposit of twenty dollars ($20.00) will not be transferred into the Indiana Superintendents’ Legal Defense Fund for Active Members whose dues are paid by the school corporation or who have joined under the Institutional Membership.  Those members wishing to participate in the Legal Defense Fund should send a personal $20.00 check payable to the Indiana Superintendents’ Legal Defense Fund.  We cannot use tax dollars to finance the Legal Defense Fund.

Participants in the Indiana Superintendents’ legal Defense Fund are entitled to legal assistance as set forth in the Fund Agreement. The Fund may be used to pay for two (2) hours of legal assistance to Fund members.  A Professional Assistance Committee, made up for Fund members, may authorize additional legal aid up to a maximum of $2,000 per case.  The foregoing maximum is inclusive of the two (2) hours of initial legal consultation.  In consideration for legal services, a Fund member who receives such legal assistance shall reimburse the fund for legal fees paid by the Fund if the amount settlement exceeds $10,000.00.

Please note, those Active Members whose dues are not paid through the Institutional Membership or by the school corporation, who wish to participate in the Indiana Superintendents’ Legal Defense Fund, need not include an additional twenty dollars ($20.00) above the amount of IAPSS dues set forth in the dues structure found on the back of the yearly IAPSS Dues Application.  That amount is included in the dues figure opposite your salary category.  Those Active Members not wishing to participate in the Legal Defense Fund, or whose dues are paid the school corporation, can deduct twenty dollars ($20.00) from their 2008-2009 IAPSS dues amount established by their salary category.

In conclusion, we strongly encourage Indiana public school superintendents’ Legal Defense Fund.  Each year we have superintendents who did not join the Fund, but who became involved in a contract dispute with his/her employer.  We could not pay for legal assistance to help these non-members of the Fund.  One can never be sure legal assistance will not be necessary.  Participation in the Fund is like insurance, you want coverage when you need coverage.  Why not join the Indiana Superintendents’ Legal Defense Fund Trust today?

The Indiana Association of Public School Superintendents stands ready to assist any Association member who may desire advice and/or relationship with his or her board, staff, the public, or fellow administrator.

When an administrator is suddenly confronted with a contract impasse with his or her board of education, a confrontation with a teacher delegation or a student group, the member may desire the professional assistance of other administrators.  The Executive Director of IAPSS is the person to be utilized for aid in such a professional crisis situation.  The following steps should be followed to obtain such desired professional assistance.

1. A member desiring assistance relative to a personal professional matter may contact the District Chairperson from his or her District; and/or the IAPSS Executive Director.  (In the event the District Chairperson from the aggrieved member’s District, that person will refer the problem to the IAPSS Executive Director)

2. The Executive Director will determine the nature of the problem and decide upon first steps to be taken.  He may obtain legal steps necessary to analyze the problem.

3. If the Executive Director determines that services of an attorney are necessary to resolve the issue, he will refer the matter of the Indiana Superintendents’ Legal Defense Fund Trust.

4. After the case has been resolved, the Executive Director will continue to provide advice and assistance, other than legal assistance, to the extent possible and to the extent desired by the member.

5. It shall be the responsibility of the member to inform the IAPSS Executive Director promptly relative to all developments in the case they occur.

Concluding Statement:

All members are encouraged to alert the Executive Director, and/or District Chairperson, of any fellow Association member’s impending need of Association assistance.