Rhode Island Association of School Principals

Legal Protection Offered by RIASP

The RIASP legal plan protects members by combining RIASP coverage with coverage provided by NAESP and NASSP. Considering the high cost of any legal action and the desire to act in the best interests of all of our members, the terms of our legal plan have been very carefully defined.

RIASP coverage comes in three forms:

  1. First Call Service provides members who have a job-related legal question with the opportunity to consult with a RIASP lawyer. Typically, one phone consultation is enough to guide most principals through most situations; generally, the cost of additional legal services will be the responsibility of the member.First Call Service must be authorized by the RIASP Executive Director prior to the commencement of legal services.
  2. Contract Consultation Service may provide a local administrators’ association with up to $250 for legal consultation and/or representation by an attorney.  This coverage may be applied to the cost of consultations with a school committee or to resolve a conflict related to a district agreement. Again, this service requires the prior approval of the Executive Director. Please note: to be eligible, all principals in the school system must be RIASP members, and no district will be eligible for contract assistance two years in a row.
  3. The Legal Assistance Program provides protection to individual members under three circumstances. First, when administrative positions are jeopardized by the actions of the superintendent or the school committee through: a) an unfavorable evaluation, b) a letter of reprimand, c) a suspension or dismissal, and/or d) the treat of contract non-renewal. Second, when a member is assaulted as a result of his/her performance of official administrative duties. Third, when a member is charged criminally as a result of actions arising during the performance of job responsibilities. However, coverage will not be provided if the member is found guilty.

Other conditions to the Legal Assistance Program include:

  • To be eligible, one must have been a member in good standing at the time of the occurrence requiring legal assistance and a RIASP member for at least six months.
  • Associate members who supervise, evaluate, or have authority over principals or assistant principals will not be eligible.
  • Coverage is not automatic. Upon request, RIASP will determine whether or not legal services shall be provided as well as the extent and the duration of the assistance.
  • The provision of legal assistance shall not be predicated upon the race, creed, color, sex, marital status, age, or handicap of the member.
  • If costs and attorney’s fees are awarded against a member who is the plaintiff in a civil suit, such costs and fees shall be the sole responsibility of the member, not RIASP.
  • Legal assistance will not be provided for cases regarding criminal actions, except for charges brought against a principal in his/her professional capacity as mentioned above, and financial reimbursement for legal costs will not be provided by RIASP for criminal cases unless the member is found not guilty.
  • Legal assistance by RIASP is for active members and shall continue only to the extent and duration that the applicant is an active or sustaining RIASP member.
  • In the event that a member receives a monetary settlement or judgment as a result of RIASP provided legal assistance, the expenses incurred by RIASP in providing such legal assistance shall be reimbursed to RIASP out of the settlement or judgment proceeds, except that the amount of such reimbursement to RIASP shall not exceed one-half of the gross amount of the settlement or judgment.
  • RIASP provided legal assistance does not necessarily constitute an endorsement of the particular case or complaint of the individual.
  • RIASP shall convene a Legal Assistance Committee (consisting of the President, President-Elect, Immediate Past President, Treasurer, a Member At-Large, and the Executive Director) to hear any appeal of a decision made by the Executive Director related to the RIASP legal policy. The Committee shall also review and make recommendations to the Executive Board when a request is made for legal assistance beyond the financial limits indicated in this policy if it is felt that the case in question has implications that are relevant for the membership as a whole. If approved, legal assistance beyond the individual and group limits established by the policy (see limits below) will be provided from a Legal Defense Fund subject to funds availability. Written requests for all legal assistance must be forwarded to the Executive Director with detailed documentation as required by the Executive Director.
  • Each year the RIASP Executive Board will budget a sum of money for legal assistance. Financial assistance to members is based upon continuous years of membership and is contingent upon available monies in the Legal Assistance Fund.
    Continuous Years RIASP Pays Up To…
    1 to 3 Years $250
    3 to 5 Years $500
    5 Years or More $1200

Legal Protection Offered by NAESP and NASSP

[Both national principals' associations have recently improved their legal coverage. Below is a brief description of the legal plans provided by each. For more detailed information, it is recommended that you refer to the websites of the associations. The addresses for each are: http://www.naesp.org/memberservices/lap.htm and http://www.nassp.org/services/insurance.html]

The National Association of Elementary School Principals provides NAESP members with up to $1,000,000 for individual professional liability and up to $10,000 for legal fees for job-protection defense claims following a $500 deductible. This legal benefits program may be utilized only after all other insurance policies (local school district policy or state professional association plan, for example) have been used.

The National Association of Secondary School Principals provides members with up to $1,000,000 in personal liability protection for civil cases that arise from actions taken against principals in their capacities as school administrators. Additionally, members may receive up to $4000 reimbursement for legal expenses in criminal actions arising from acts occurring in their professional capacity as principals provided the member is exonerated of all charges. Other limitation and exemptions may apply.