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  PASA Legal Services Policy (pdf)
  Enrollment Form - Expanded Legal Services (pdf)
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  Legal Services brochure (pdf)

PASA Legal Services Program

PASA Legal Policy

The PASA Legal Services Policy was adopted by the Board of Governors in January 2012.  The policy outlines the scope and limitations of legal services provided to PASA members.  For complete details regarding PASA Legal Services Program, please click here (pdf) to review the policy.

General Services

PASA's General Counsel is available to Active Members for consultation on many employment-related issues, including:

  • contract development
  • performance evaluations
  • contract impairment
  • investigations
  • due process rights
  • retirement issues

Expanded Legal Services Option

PASA members who elect this service have access both to General Legal Resources and Services and direct representation and advice on employment-related issues, including:

  • Development, negotiation and preparation of employment contracts, including compensation, fringe benefits and retirement benefits  
  • Enforcement of employment contract terms   
  • Breach of contract actions   
  • Termination of contract actions   
  • Informal resolution of issues and disputes between PASA members and school boards   
  • Development, negotiation and preparation of severance, separation and/or settlement agreements   
  • Mediations regarding employment contract issues

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.

Eligibility for Services…

Those eligible for the Expanded Legal Services option must be Individual Active, Institutional and Institutional Active PASA members in good standing who are commissioned officers and who have paid an annual enrollment fee.

Costs for the Expanded Option…

Fees for the Expanded Legal Services option are paid personally rather than through membership dues paid by school districts to ensure that PASA membership dues are not perceived by school boards as supporting challenges to actions they take.

The initial enrollment fee for services is $500, with an ongoing annual fee of $250 for each subsequent year.  This fee must be paid at least one year prior to the time the legal issue or problem arose (except during the initial enrollment year, October 2011 – September 2012).  Eligible members who have not paid the enrollment fee at least one year prior to the time the legal issue arose and request PASA legal services will be assessed an initial $2,000 enrollment fee and an ongoing annual fee of $250 for each subsequent year.

Should more than 10 hours of direct legal representation in a due process hearing or other litigation be necessary, the member will be required to pay for continued representation by PASA attorneys at the current hourly billing rate. (See the policy for details.)

Members accessing Expanded Legal Services must continue to pay in full all PASA membership fees and dues, including the annual $250 fee, in order to continue to receive these services for a continuing legal matter, even if the member has resigned, been terminated and/or no longer holds a valid commission or works as a chief school administrator.

Process for Obtaining Direct Legal Representation…

To obtain services through the Expanded Services option, members must:

  • Review the PASA Legal Services Policy   
  • Pay the enrollment fee and complete enrollment form in accordance with policy   
  • Complete the application for legal services   
  • Receive approval from PASA for direct legal representation   
  • Sign the representation agreement

CLICK HERE (pdf) for a brochure on this option and the PASA Legal Defense Program.

CLICK HERE ((pdf) for an Enrollment Form for the Expanded Legal Services Option.

Legal Defense Fund

Effective July 1, 2012, the PASA Legal Defense Fund will no longer provide reimbursement of legal fees and expenses to PASA members.  All requests for reimbursement of existing claims must be submitted in writing with all necessary supporting documentation and received by the PASA Executive Director on or before June 30, 2012.

For more information on PASA Legal Services, contact:
Virginia Montgomery, Esq., General Counsel
E-mail
(717) 540-4448