Legal Services
NYSASBO provides legal consultation and legal assistance services to support active members in their employment relationship with public school districts or BOCES. Active members are eligible for one hour per year of legal consultation with the NYSASBO attorney. Active members are also eligible to receive funds to help offset their attorney fees through NYSASBO's Legal Assistance Program Fund. Some limitations apply. Active members interested in accessing NYSASBO's legal services should contact the Executive Director at 518-434-2281.
Access to NYSASBO's legal services is not available for:
- Collective bargaining representation
- Criminal actions, unless there is a verdict of acquittal
- Management decisions or other actions covered under Public Officers Laws
- Defense against actions of the community or school district staff
- Legal fees which are personal in nature or not related to an individual's employment
If a request for legal assistance places NYSASBO in a position where the interests of two or more members of NYSASBO are in conflict, then NYSASBO reserves the right not to approve the request.
Legal services shall be available to active members without regard to race, creed, color, sex, marital status, age or handicap.
Access to the NYSASBO Legal Assistance Program Fund
To be approved for funds through the NYSASBO Legal Assistance Program Fund, the active member must have been a member of NYSASBO at the time of the occurrence leading to legal action, at the time of the actual legal action and at the time of the request for assistance and the submission of a financial affidavit required by NYSASBO. The occurrence must have happened after February 1, 1999.
Active members will be eligible to receive assistance only once per year for each legal proceeding.
Active members have a maximum lifetime eligibility entitlement through the Legal Assistance Program Fund of $300 per full year of membership (a $300 deductible will apply for each legal occurrence eligible for assistance). Total assistance from the Legal Assistance Program Fund to a member will not exceed this lifetime maximum, regardless of the number of instances or claims made. After receiving assistance from the Legal Assistance Program Fund, the maximum lifetime eligibility amount will be adjusted by reducing the total amount of previous assistance.
NYSASBO considers requests for funds through the Legal Assistance Program Fund in the order they are received. Once the Legal Assistance Program Fund has been exhausted, assistance through the fund will not be available until the beginning of NYSASBO's next fiscal year (July 1).
Assistance through NYSASBO's Legal Assistance Program Fund is secondary to all other sources which may be available including, but not limited to, any applicable insurance policy and or management decisions whose defense is properly the legal responsibility of the school district.
NYSASBO does not specify any particular hourly rate for attorneys and will not use this as a basis for determining eligibility for assistance.
Legal Assistance Program Fund Payments
Payments from the Legal Assistance Program Fund are determined as follows:
- Payments cannot exceed an active member's maximum lifetime eligibility entitlement of $300 per full year of membership minus a $300 deductible. For example: A NYSASBO active member for 21 years could receive legal assistance in the amount of $6000 (21 x $300 = $6300 - $300 deductible = $6000)
- Payments to any given active member may not exceed a maximum of 25% of the amount of money available in the Legal Assistance Program Fund at the time the request for assistance is submitted. Active members may submit a request for further reimbursement in future years up to their maximum lifetime limit. The 25% cap may be adjusted by majority vote of the NYSASBO Board of Directors if they determine the case has statewide implications.
Requests for reimbursement through the Legal Assistance Program Fund should be directed to the NYSASBO Executive Director by phone, fax or in writing. The Executive Director will provide all necessary forms to apply for assistance and will notify applicants in writing of his/her decision regarding a request. False or erroneous information will render requests null and void.
