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NJPSA Legal Services

NJPSA legal services offer a measure of security to its members. Your membership means that legal advice and information is only a phone call away.

NJPSA provides a wide range of legal services relating to job security, tenure protection, contract management and labor disputes.

Services include representation in employment related matters brought before the:

• Superior Court
• Office of Administrative Law
• Commissioner of Education
• Municipal Court
• Federal Court
• Public Employment Relations Commission(PERC)
• State Board of Education
• Teachers Pension and Annuity Fund (TPAF)
• Public Employee Retirement System (PERS)

The NJPSA Legal Assistance Committee may authorize appeals to the appellate courts.

When an NJPSA member is entitled to be indemnified and/or held harmless by the employing board of education, NJPSA shall work to protect the member’s rights by taking measures necessary to ensure that the employing board of education provides the member with the full protection required by law.

Assistance to NJPSA members is available without regard to race, creed, color, gender, sexual preference, marital status, age or handicap.

Eligibility For Legal Services

I believe that without your support over these years that my life as I know it may have had a different result.

— Passaic County Member

Active members are full time, dues paying NJPSA members. NJPSA legal services are available to active NJPSA members who are members for at least three months prior to the claim for which legal services are needed.

Members receiving NJPSA legal representation are required to continue their active membership until the conclusion of the legal action undertaken by NJPSA council.

Affiliated bargaining units with 75% or more of its members belonging to NJPSA are eligible for NJPSA legal services in labor management disputes such as grievances, arbitrations, contract disputes, unfair practice complaints, and representation petitions.

In–District Workshops

NJPSA’s legal staff are also available for in–district school law workshops tailored to your needs. Potential topics include, but are not limited to:

• Special Education
• Student Discipline
• Sexual Harassment
• Student Records
• First Amendment Rights of Staff and Students
• No Child Left Behind
• NJ Law Against Discrimination

Legal Assistance Committee

NJPSA’s Legal Committee develops policy recommendations with respect to all legal issues involving the association. The committee reviews cases being handled by an association counsel(s) and decides upon financial assistance in the event that member(s) seek private counsel.

NJPSA’s Legal Aid Committee meets to consider:

• a member’s request for legal assistance when the member disagrees with the advice or recommendation of NJPSA assigned council, or
• the member’s request to have his or her matter appealed to an appellate court, or
• the member’s request to have NJPSA pay for the services of private counsel.

Assistance By National Associations

Both National Associations, the National Association of Elementary School Principals and the National Association of Secondary School Principals, provide financial assitance to help defray a member’s legal costs.

An individual requesting assistance from either National Association must be a member of the National Association to which the request is submitted at the time of the occurrence of the action for which the member seeks assistance.

National Association of Elementary School Principals (NAESP)

NAESP may provide financial assistance to help defray legal costs from $1,000 to $10,000 following a $500 deductible. For a complete copy of the NAESP legal assistance policy statement, you can call the NAESP at 1-800-38-NAESP or you visit www.naesp.org, choose "member services & benefits" and click "NAESP’s Legal Benefits Program".

National Association of Secondary School Principals (NASSP)

NASSP may provide financial assitance to help defray legal costs from $1,000 to $10,000 following a $500 deductible. For a complete copy of the NASSP legal assistance policy statement, you can call NASSP at 1-800-253-7746 or you can visit www.nassp.org, choose "member services" and click "legal services".