Volume 27, Number 3 © 2017 by ACSI. All rights reserved.


Published three times each year by Association of Christian Schools International PO Box 65130 Colorado Springs, CO 80962-5130 Website:www.acsi.org Phone: 719-528-6906


President Dan Egeler, EdD


Managing Editor Thomas J. Cathey, EdD Associate Editor Philip Scott, Esq Editors Chandler Birch John Conaway


Design Mike Riester Photos Thinkstock.com


ACSI Mission Statement ACSI exists to strengthen Christian schools and equip Christian educators worldwide as they prepare students academically and inspire students to become devoted followers of Jesus Christ.


ACSI Vision Statement ACSI will become a leading international organization that promotes Christian education and provides training and resources to Christian schools and Christian educators, resulting in


• schools that contribute to the public good through effective teaching and learning and that are biblically sound, academically rigorous, socially engaged, and culturally relevant and


• educators who embody a biblical worldview, engage in transformational teaching and discipling, and embrace personal and professional growth.


“ This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. [It has been provided to member schools with the understanding that ACSI] is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.”


—From a Declaration of Principles jointly adopted by a committee of the American Bar Association and a committee of publishers and associations.


Need More Copies of Legal/Legislative Update? You can send as many copies of Legal/ Legislative Update (LLU) as you like to your school’s employees and board members by downloading a PDF copy or by reading it online through our e-reader. To access current and back issues, go to ACSI ConNEXUS (my. acsi.org), look for the Publications tab at the top of the page, and select Legal/Legislative Update. The online e-reader will open, and from there you can access back issues and download PDF copies. Alternatively, you can visit the Legal Legislative group on ConNEXUS and download current and past issues from the Resources section. Additionally, links and websites referenced in LLU are hyperlinked in the digital versions, making those resources only a click away.


the central core beliefs and goals of the school. In these changing cultural times, it is important for board members to be sure the school’s statement of faith, core beliefs, mission, and vision are all consistent with each other and with Scripture. If sued, this is where you will take a stand on what you believe. Every board member should know, and be in total agreement with, each of these items. If not, it becomes a legal liability. It is recommended that the board take time to go over the mission and vision at the beginning of each meeting and review the other documents annually.


Fiduciary Duty


In addition to these three legal responsibilities, the Christian school board acts in a fiduciary role by maintaining oversight of the school’s finances. Board members must evaluate financial policies, approve annual budgets, and review periodic financial reports to ensure that the school has the necessary resources to carry out its mission and remains accountable to its donors and the constituents. Board members can become personally liable for breaches of those duties.


There should be a division of duties among the school’s employees, even in small schools, to prevent misappropriation of school funds or worse. The board should budget annually for a third party to conduct an audit or review (depending on the size and resources of the school) to provide transparency and accountability. The Evangelical Council for Financial Accountability recommends:


The financial statements (and the disclosure of the financial statements) are key components of transparency, both within the ministry and to donors and the public. This flows directly from biblical principles: “This is the verdict: Light has come into the world, but men loved darkness instead of light because their deeds were evil. Everyone who does evil hates the light, and will not come into the light for fear that his deeds will be exposed” (John 3:19–20 NIV).


Transparency serves to deter improper diversion of funds and other misdeeds. It also provides a defense to critics and a witness to both believers and nonbelievers. (http://www.ecfa.org/Content/Comment3)


To reduce fiduciary liability, board members should attend all meetings of the board, thoroughly review all financial statements and reports, and seek clarification on any irregularities or inconsistencies. If a board member has any misgivings regarding the financial consequences of a board action, he or she should dissent and make sure the objection is recorded in the minutes.


Employment Practices


The school board’s primary responsibility is to hire the head of school, who will hire the rest of the staff. However, the board is responsible for ensuring that human resource and employment laws are followed throughout the school. A Christian school can quickly get in legal trouble when it ignores the federal and state employment laws. In today’s litigious society, boards must set clear guidelines on hiring practices. Areas of discrimination such as age, sex, race, disability, and pregnancy are all highly sensitive and must be handled properly. The board should set policy to protect the school from discriminatory hiring and firing, as well as make sure all leaders and supervisors in the school have proper training.


The board must also have clear policy on all forms of harassment and provide proper training among the staff annually. The board needs to ensure that all applications, contracts, and other employment documents are legally reviewed to meet federal, state, and local laws. The board should budget to have legal counsel review these documents each year or as changes are made. It is also important that the board have a policy of consulting with legal counsel (preferably one who is familiar with Christian school employment law) before terminating an employee or not renewing a contract.


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© 2016 by the Association of Christian Schools International


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