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STARTING OFF THE NEW

YEAR

By

Laura Sanders Fowler
Attorney at Law

The Fowler Law Firm PC

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Dear Readers:

Happy New Year! For most of you reading this newsletter this week while we are all still inclined toward making (and keeping) New Year's Resolutions, here are a few to think about that can avoid huge embarrassment and expense with very little effort. Each topic is inspired by recent mistakes made by talented school and college administrators just like you.

l. ACCEPTABLE USE POLICIES: Even if you think you know what your school and employee 'Acceptable Use' policies are, check carefully to see if you really are requiring employees to sign something so it is clear you have a right to review their internet activity using school communication equipment. Next, find out where all of those documents are being maintained. Then find out if the policy the employee has been asked to review and agree to follow closely matches school policies adopted by the Board of Trustees and employee handbooks. You may be surprised by what you learn!

2. VOLUNTEERS: Every year some wonderful soul steals $25,000.00 from the student activity fund or pilfers cash directly from the gate receipts. We have all heard of an incident like that. So before it happens to you, ask yourself: "What am I doing about cash control when volunteers are involved?" Until you can answer this, both by knowing what your policies are and by insuring that all volunteers are following them in a way that avoids temptation, you should not allow volunteers to handle cash.

3. ENDORSEMENTS AND SPONSORSHIPS: Campus Administrators and Program Directors of activities such as band and athletics are besieged with offers to sponsor activities including everything from beverages to electronic displays. Before anyone accepts anything, make certain that everyone understands who the board of trustees and superintendent is willing to allow to accept or issue an exclusive product agreement. Keep in mind that these deals often impinge very directly on what volunteers at the concession stand depend upon for their income. If the school district agrees to only distribute one type of beverage and the parent -teacher association is very dependent on sale of a favorite beverage at their athletic activity, you have a major political problem even if the drop in revenue for the parent association is small. Think about every possible source of use or income generation from a product before you agree. If what you are considering is the sale of space for advertising, think about whether that sale is one in which you ought to bid. In this, the law is still unclear. Above all else, do not accept any endorsement or sponsorship until you understand very clearly who you are dealing with and what products or services are involved.  The last thing you want is to unwittingly hook up to some company currently under indictment for poisoning or defrauding the public.

In your every school district adventure in 2008, we wish you the very best.

To find out how you can join The Fowler Law Firm Preventative School and Education Law Program, please CLICK HERE.

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This information is provided by Laura S. Fowler, Attorney at Law with The Fowler Law Firm PC. It is not intended as a substitute for careful review by legal counsel of your choosing. We would be most honored to assist you in your every real legal need. 

Contact Laura Fowler at lfowler@thefowlerlawfirm.com
or call (512) 441-1411.

As with any legal issues, please consult your attorney with questions.


  AUSTIN
919 Congress Avenue, Suite 1150
Austin, TX 78701

Phone: +1-512-441-1411
Fax: +1-512-441-1410