Volume 27 | Issue 3 Spring 2017


Legal Risks for Christian School Boards Thomas J. Cathey


Certain legal risks come with a being a board member of a nonprofit ministry. Most board members work outside the ministry and do not realize the legalities imposed on the Christian school and on the members of the school board. Let’s take a look at a few of these—specifically the legal standards of the duty of care, the duty of loyalty, and the duty of obedience.


Duty of Care


Christian school board members are expected to participate in organizational planning and decision making and to make sound and informed judgments as stewards of the school. The duty of care is commonly explained as the duty of care that an ordinarily prudent person would exercise in a like position and under similar circumstances. Board members should attend all board meetings and ask questions to be sure every decision is aligned with the mission and vision.


Duty of Loyalty


Christian school board members are expected, when acting on behalf of the organization, to put the interests of the nonprofit before any personal or professional concerns and avoid potential conflicts of interest. This means, for instance, that a board member with family members attending or working at the school must not allow personal interests to cloud the decision-making process.


Duty of Obedience


Christian school board members must ensure the organization complies with all applicable federal, state, and local laws and regulations, and that it remains committed to its established mission. Board members may not act in a way that is inconsistent with


Docket Press Release


Instructional Time in Public and Private Schools 52 EEOC Guidance on National Origin Discrimination 52 Maryland ACSI Schools in the Capital 52


Anonymous Tips


Information on the Every Student Succeeds Act 53 Hazardous Playground Slides Recalled 53 Track Legislation in Your State 53


Follow the Office of Non-Public Education 53 State Regulation of Private Schools 53


Choices


EdChoice Releases ABCs of School Choice 2017 54 FL Court Dismisses Lawsuit Against Tax Credits 54 Choice Students Outperform Public School Students 54 Setting the Record Straight on School Choice 55


At Issue


Final Authority for Matters of Faith and Conduct 55 Small Employer Health Reimbursements in 2017 56 Education Secretary Betsy DeVos Takes the Helm 58 President Trump’s School Choice Efforts 59 Enhancements for ACSI LDRP 60 Screening Your Staff 61


The Limits of Employment Contract Penalties 62 Association of Christian Schools International | www.acsi.org


In & Out of Committee Equitable Services in ESSA 64


Jury Box/The Verdict 65/68


Toeing the Line Exemptions to Overtime 66 Before the Bench


Applying Handbooks to Student Discipline 67 National Notes 70


Closing Arguments Background and Credit Checks 72

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