Legal Services & Issues
The SCEA
The SCEA/NEA Legal Services Programs
Whether you believe you were unfairly dismissed from your job or you have a question about purchasing a new home, your membership benefits include legal advice.
NEA Legal Services provides legal services through several programs administered through The SCEA.
The Unified Legal Services Program (ULSP) provides legal defense for members facing employment-related problems. The Attorney Referral Program (ARP) provides legal services for personal legal needs such as buying a new home or writing a will.
Any member of The SCEA with a problem involving professional rights may request assistance by first contacting the Member Advocacy Center at 803-551-4153
NEA Legal Services provides legal services through several programs administered through The SCEA.
The Unified Legal Services Program (ULSP) provides legal defense for members facing employment-related problems. The Attorney Referral Program (ARP) provides legal services for personal legal needs such as buying a new home or writing a will.
Any member of The SCEA with a problem involving professional rights may request assistance by first contacting the Member Advocacy Center at 803-551-4153
Unified Legal Services Program (ULSP)
The ULSP was established in 1976 for NEA members who needed legal assistance to help protect their jobs. The USLP grew out of a predecessor program known as the DuShane Fund, which historically provided legal support to members in employment disputes.
Under today's ULSP, each state affiliate establishes and merges a Legal Assistance Program. Each state set guidelines for this program including the rights and responsibilities for members, application and appeal procedures, and other types of cases eligible for assistance.
The ULSP provides Legal support for both LEA and individual member cases. Examples of situations where the program assists: dismissals, terminations, non-renewals, demotions, promotions, suspensions, performance evaluations, transfers, assignments, certifications, salaries, fringe benefits, leave, retirements and RIFs.
The following are excerpts from The SCEA Legal Services Guidelines:
THE PURPOSE OF THE SCEA/NEA LEGAL SERVICE PROGRAM is to provide quality legal assistance to The SCEA members and affiliates in certain job-related disputes, as set forth in these guidelines and the attachments. The program is established jointly with the NEA.
COVERAGE
A. This program is intended primarily to protect the educational employment rights and privileges of members in instances involving adverse job actions. Legal assistance under the program will be provided in individual cases which arise out of the member's employment as an employee of a school district, college/university, or other educational institutions. Assistance to affiliates will be provided to protect the affiliate's rights, as the agent of The SCEA and NEA, or to defend the collective rights of its members.
B. Legal representation before a School Board or appropriate authority in a matter of termination, suspension, or non-renewal, shall be granted upon request when the procedures and standards described in this program have been followed and met.
Procedures for Obtaining Legal Assistance
An individual applicant for legal services under this program shall first notify The SCEA at 803-551-4153.
Under today's ULSP, each state affiliate establishes and merges a Legal Assistance Program. Each state set guidelines for this program including the rights and responsibilities for members, application and appeal procedures, and other types of cases eligible for assistance.
The ULSP provides Legal support for both LEA and individual member cases. Examples of situations where the program assists: dismissals, terminations, non-renewals, demotions, promotions, suspensions, performance evaluations, transfers, assignments, certifications, salaries, fringe benefits, leave, retirements and RIFs.
The following are excerpts from The SCEA Legal Services Guidelines:
THE PURPOSE OF THE SCEA/NEA LEGAL SERVICE PROGRAM is to provide quality legal assistance to The SCEA members and affiliates in certain job-related disputes, as set forth in these guidelines and the attachments. The program is established jointly with the NEA.
COVERAGE
A. This program is intended primarily to protect the educational employment rights and privileges of members in instances involving adverse job actions. Legal assistance under the program will be provided in individual cases which arise out of the member's employment as an employee of a school district, college/university, or other educational institutions. Assistance to affiliates will be provided to protect the affiliate's rights, as the agent of The SCEA and NEA, or to defend the collective rights of its members.
B. Legal representation before a School Board or appropriate authority in a matter of termination, suspension, or non-renewal, shall be granted upon request when the procedures and standards described in this program have been followed and met.
Procedures for Obtaining Legal Assistance
An individual applicant for legal services under this program shall first notify The SCEA at 803-551-4153.
- A member's legal assistance is provided as long as the membership is current (dues have been paid by October 15 of each year OR are being paid as EFT).
- Members must complete The SCEA/NEA Application for Legal Services and must sign the Legal Services Agreement before receiving assistance from The SCEA Attorneys.
The SCEA Representatives
Representation in the grievance process and at the administrative hearing below the School Board Level is provided by The SCEA staff, if the member requests it. Members may apply for legal representation for meetings or hearings with the School Board.
If the matter is referred to an attorney, The SCEA shall select the attorney. If a member retains a personal attorney, The SCEA may not be able to provide legal services.
If the matter is referred to an attorney, The SCEA shall select the attorney. If a member retains a personal attorney, The SCEA may not be able to provide legal services.
Educators Employment Liability (EEL) Insurance
The Educator Employment Liability (EEL) program protects NEA members from personal financial liability for incidents arising out of their employment. The program provides insurance coverage for a variety of situations which result in injury to someone other than the members.
For example:
Student injuries - Charges of educational malpractice - Corporal punishment
Your EEL policy provides excellent liability coverage. Every member is entitled to the following benefits:
Your coverage is worldwide and in force twenty-four (24) hours a day. You are covered, not only for your work, but also for any authorized involvement in school-sponsored extracurricular activities. In addition, NEA's policy is known as an 'occurrence policy'. This means your coverage is keyed to when the incident took place. For example, if you are sued for a 2019 incident, you would be covered by the EEL now even if you're filing in 2022.
The EEL Program is entirely Association funded. NEA contracts with a private insurance carrier to underwrite the EEL and to administer claims. The program is administered through The SCEA. Each state's liability and insurance laws vary, so if you want more information on the specific provisions of the EEL policy in South Carolina, contact The SCEA.
The EEL policy does not cover the operations of a motor vehicle (school buses). NEA believes that it is the employer's responsibility to protect their employees. In fact, the majority of school districts provide insurance for their bus drivers because the risks of an accident involving a vehicle are so high. NEA's liability insurance protects drivers for supervisory activities but not for incidents resulting from the driving of the bus. Examples of what the NEA's policy covers:
What the policy does not provide protection for are situations involving the operation of the bus. Examples of what the NEA's policy does not cover:
For example:
Student injuries - Charges of educational malpractice - Corporal punishment
Your EEL policy provides excellent liability coverage. Every member is entitled to the following benefits:
- Up to 1-million dollars in personal liability coverage, per person, per incident (for damages).
- Coverage of the member's defense costs including attorney fees and bail bonds.
Your coverage is worldwide and in force twenty-four (24) hours a day. You are covered, not only for your work, but also for any authorized involvement in school-sponsored extracurricular activities. In addition, NEA's policy is known as an 'occurrence policy'. This means your coverage is keyed to when the incident took place. For example, if you are sued for a 2019 incident, you would be covered by the EEL now even if you're filing in 2022.
The EEL Program is entirely Association funded. NEA contracts with a private insurance carrier to underwrite the EEL and to administer claims. The program is administered through The SCEA. Each state's liability and insurance laws vary, so if you want more information on the specific provisions of the EEL policy in South Carolina, contact The SCEA.
The EEL policy does not cover the operations of a motor vehicle (school buses). NEA believes that it is the employer's responsibility to protect their employees. In fact, the majority of school districts provide insurance for their bus drivers because the risks of an accident involving a vehicle are so high. NEA's liability insurance protects drivers for supervisory activities but not for incidents resulting from the driving of the bus. Examples of what the NEA's policy covers:
- Two children are involved in a fight on the bus, and one is hurt. The child's parent sues the driver for negligent supervision.
- A driver is supervising a group of children entering a bus. One of the children runs into the street and is struck by a passing car.
- A child on the bus suffers a severe asthma attack. The driver who administers emergency first aid is later sued by the child's parents for their actions.
What the policy does not provide protection for are situations involving the operation of the bus. Examples of what the NEA's policy does not cover:
- A driver is involved in a traffic accident, receives a ticket, and is sued as a result.
- A child jumps out in front of a moving bus as it is leaving the school and is hurt.
- As the driver is closing the bus' doors, a child is caught in the door and is injured.
When a Parent Sues a School Employee
Each year, no matter how careful employees are, students are injured in class. Normally, employees are not personally liable. Instead, South Carolina law provides immunity to employees and other employees for injuries caused by their negligence on the job. In rare instances, a lawsuit may be filed against an employee.
Fortunately, all employees of the Association are insured for $1,000,000 Educators Employmet Liability insurance. However, all the insurance in the world will not help if employees do not follow common sense procedures.
If an accident occurs:
- Seek help immediately, using whatever means possible.
- Do not administer first aid unless you are trained.
- Follow the district's policy.
- Drugs, even as simple as aspirin, should not be administered.
- Use your best professional judgement.
- Take measures to keep the students safe.
- Once the crisis is under control, report the situation immediately to administration.
- As soon as possible, prepare a summary of the facts in chronological order with personal observations and perceptions of these facts, noting the time, place, names, and environment. Do not share this summary with anyone before consulting with The SCEA or a licensed attorney.
- Do not meet with an attorney representing the student or provide written statements until after contacting The SCEA and receiving legal or professional counsel.
Contact The SCEA immediately and don't delay.
Contact Us
Email: help@thescea.org
Website: www.thescea.org
Location: 2999 Sunset Boulevard, West Columbia, SC, USA
Phone: 803-551-4153
Facebook: https://www.facebook.com/TheSCEA