Purpose: The Legal Assistance Program of the Missouri Association of Secondary School Principals (MASSP) was established to provide financial assistance to active members who are involved in due process or job related legal actions or other situations where the member is an interested party as well as legal matters arising in the course of certain professional activities.  It could include legal assistance relative to a member’s employment and other matters where legal advice may be of urgency to the member and of interest to the association.

1. The individual seeking assistance must be an active member of MASSP in good standing and must have been a member in good standing before the issue arose.
2. The decision to retain legal counsel must be a joint decision by MASSP and the member.  MASSP is not financially responsible for legal fees incurred prior to such a joint agreement.  Before being approved to receive legal assistance related to employment or to school issues, the member shall have
   1. Consulted with the MASSP Executive Director,
   2. Consulted with the NASSP legal counsel, if an NASSP member, and
   3. Explored other means at the local, state and national levels for securing advice and information.
3. A member must show that the school district or other party took affirmative steps to threaten the member, the member's position, or job related benefits.
4. The Legal Assistance Program covers only hourly services of a licensed attorney.
5. Only legal fees that arise out of approved cases and are the personal responsibility of the member are subject to reimbursement.
6. Excluded from the Legal Assistance Program shall be claims for or arising out of the following:
   1. Criminal proceedings or actions, unless the member is found not guilty,
   2. Any allegation of sexual harassment or abuse unless, (1) in a criminal suit the member is found not guilty, or (2) in a civil suit the member prevails in defending the suit,
   3. Situations in which the defense of the member is the legal responsibility of another party, such as the member's employer,
   4. Member initiated lawsuits, except as approved by the Executive Board,
   5. Fines, penalties, punitive or exemplary damages of any kind,
   6. The reoccurrence of matters for which the Legal Assistance Program has already provided reimbursement (This does not include the reoccurrence of matters before a different tribunal or decision making body.), and
   7. Other factors as determined by the Executive Director.

Amount of Assistance Available:

1. The Executive Director is empowered to refer a member to outside counsel if a member
   1. Is involved in a school situation where legal advice is important in the decision making process and MASSP has an interest in the advice and judgment as it may relate to the professional activities and concerns of the membership as a whole, or
   2. Is in a situation where his or her contract is not renewed and there is some reasonable cause for contesting the non-renewal. 
   3. Following initial discussion with the Executive Director the member may be referred to outside counsel for consultation.  The attorney will provide the member and MASSP a “letter of summary.”  MASSP will pay the cost for up to one hour of legal consultation with MASSP selected attorneys.  
2. Beyond an initial consultation as listed in item 1, all legal fees incurred shall be shared equally by MASSP and the member, subject to provisions 3 through 6 listed below. (For example, if the member's total legal bill is $600, the Legal Assistance Program will reimburse the member $300.)   
3. The Executive Director is empowered to commit additional MASSP funds (up to $400) above the initial consultation, in a situation where a member’s contract is not renewed and there is some reasonable cause for contesting the non-renewal or legal defense, except for member initiated lawsuits in which case the Executive Board must approve all expenses. (If the member is also a member of NASSP, assistance may also be available from NASSP up to $500 and MASSP will match the amount provided by NASSP up to $500.)
4. The MASSP Executive Board may approve an additional amount (up to $500), bringing to $900 ($1,000 for NASSP/MASSP members) the total amount of the Association’s commitment beyond the initial consultation.
5. The MASSP Executive Board may approve the expenditure of additional MASSP funds (up to $4,000).  This brings the maximum amount of the MASSP commitment to $5,000, except for landmark cases.
6. Landmark cases are defined as those cases where the successful resolution thereof would result setting a legal precedent beneficial to a large number of MASSP members.  In such a case, the MASSP Executive Board may agree to expend funds in excess of the $5,000 limit and agree to bear more than one-half of the member's legal costs.
7. In all cases, the member is responsible for paying his or her legal fees.  The Legal Assistance Program will make all reimbursements payable to the individual member.
8. MASSP reserves the right to cancel or otherwise limit the Legal Assistance Program, with or without notice, should financial resources become depleted.

Appeal of Decisions:

The Executive Director is authorized to interpret all rules and regulations of the Legal Assistance Program, including which members are eligible for financial assistance.  Members who disagree with a decision of the Executive Director may appeal such decision to the MASSP Executive Board.  All decisions of the Executive Board are final.