AWSA Legal Service

The AWSA Legal Service serves to respond to members’ concerns and questions regarding employment related legal matters. It is designed to complement the programs offered by the national associations with which the association is affiliated. AWSA services are provided at three levels:

Level I Telephone Consultation
This unlimited service is available at no additional cost to regular, associate, Milwaukee affiliate, and retired members. Attorney Jayne Kuehn, one of the foremost legal authorities in the state regarding school issues, is retained by the AWSA to provide this call–in service. AWSA staff is also available to discuss legal issues with members. This service covers only professional, job-related questions. No attorney-client relationship is established between the AWSA member and the attorney. Discussions with the attorney are not confidential unless specifically requested by the AWSA member. This advisory service is not a substitute, nor replacement, for direct legal services that are provided by an attorney for a school district.

Questions Regarding AWSA’s Legal Assistance Program:
Kelly Meyers
Associate Executive Director
(608) 241-0300
Email: kellymeyers@awsa.org

Financial Assistance
In addition to free telephone consultation, regular and retired members are eligible for up to $1,500 financial assistance for legal services directly related to their employment as school administrators in Wisconsin.

Level II Financial Assistance
Members accumulate funds in a special association account based on the length of their uninterrupted membership in the AWSA. $200 is credited immediately upon joining. An additional $50 is added each year up to a maximum of $500. Funds from this account may be applied to the deductible portion of the NAESP and NASSP Legal Assistance Programs.

Level III Financial Assistance
When funds in Level II and other forms of assistance are depleted, and the matter has been resolved, an eligible member may apply to the association for additional assistance, on a cost–sharing basis up to $1,000, under the Level III program. For a Level III request form simply contact the AWSA office.

Any member who receives assistance under this program must agree to reimburse the AWSA for such assistance in the event the member recovers the cost of legal fees or receives an award of damages in the legal proceeding for which legal assistance is provided.

Summary of Guidelines for AWSA Financial Assistance

1. The member requesting Level II or III assistance must be a member of the AWSA at the time of the occurrence of the action for which remedy is sought, at the time payment is requested, and when assistance is available.
2. Prior consultation with AWSA executive staff is required before the member is eligible to request this assistance.
3. The AWSA board of directors establishes two segregated budget accounts annually for this assistance and all disbursements are contingent upon there being sufficient funds remaining in these accounts to meet requests.
4. These funds may not be transferred to another individual, nor aggregated to offset the costs of collective representation, or for any other purpose.
5. All requests for assistance must be accompanied by a copy of the itemized statement received from the member’s privately-retained attorney. Payments from the legal assistance fund are made directly to the member’s attor ney. However, if the member submits proof that the statement was paid in full, the funds will be sent to the member.
6. Under section 895.46 of the Wisconsin Statutes, public school districts are required to provide legal assistance to school employees if they are sued for actions within the scope of their employment. The district is also responsible for the payment of any judgments resulting from such litigation. In those instances where section 895.46 of the Statutes applies, the AWSA legal assistance program is restricted to issues related to the application of that statute, not to the broader issues that are directly related to the underlying incident or cause for legal representation.
7. In criminal proceedings, members must be adjudged innocent or not adjudged guilty to be eligible for financial assistance.
8. All claims, for Level II or III assistance, arising out of the same or essentially the same set of facts or circumstances shall be considered one claim. A member shall be eligible to receive assistance only once for each legal proceeding and/or claim. Legal proceedings/claims that extend beyond the fiscal year in which they are first submitted are considered part of the original claim and are eligible for no greater total assistance in subsequent fiscal years.

NAESP/NASSP Legal Assistance Programs
Both the NAESP and NASSP provide legal assistance to members. Complete descriptions for these programs, including application procedures, can be found online at www.naesp.org / www.principals.org.

Applicable to all plans — AWSA, NAESP, & NASSP

• Legal assistance programs of the AWSA, NAESP, and NASSP do not relieve members of their personal responsibility for full payment of any legal fees incurred through privately retained counsel.
• These programs do not establish AWSA, NAESP, or NASSP as a party responsible for the payment of any attorney’s fees or other obligations related to these matters incurred by association members.
• These associations’ financial assistance programs do not alter or modify in any way the traditional attorney–client relationship that may be established between members of these associations and privately retained.