As the academic year begins to wind down, the summer break offers a valuable window for reflection and preparation. For independent school leaders, it's an ideal time to step back from day-to-day demands and ensure that key institutional documents are current, compliant, and aligned with your school's mission and evolving needs.
1. Employee Handbook
The employee handbook is more than a set of policies--it is how independent schools can reinforce their expectations about school culture and professional expectations while providing employees with valuable information about benefits and leave. In addition, state or local laws may mandate that independent schools have policies governing issues such as prohibitions on harassment, access to lactation spaces, and paid family leave. Furthermore, and even absent legal mandates, many schools are either beginning to adopt or in the process of revising policies governing issues such as the acceptable use of artificial intelligence, employee use of social media, and political activity on and off campus.
Use the summer months to carefully review existing policies in the employee handbook to ensure that they not only reflect current and desired practices, as consistency between written policy and actual practice is critical, but also that that they are compliant with the evolving legal landscape and best practices.
2. Student Handbook
Like the employee handbook, the student handbook is a useful tool for setting expectations for student life, student participation in the educational program, discipline and/or restorative practices, and the importance of productive parental comportment. Further still, state and local legal mandates may dictate the adoption of particular policies, such as those prohibiting bullying and harassment. Revisit the student/family handbook with a careful review of policies governing behavioral expectations, disciplinary procedures, and restorative practices to ensure they are clear, enforceable, and aligned with your school's values. As with the employee handbook, consistency between the written policy and day-to-day practices is a critical component of mitigating liability.
In addition, schools would be wise to pay particular attention to emerging issues in technology, such as the student use of artificial intelligence, creation and dissemination of deepfakes, and expectations around technology use on campus (such as cell phone bans).
3. Travel and Trip Forms
Field trips--whether domestic or international--carry inherent risk. At the same time, some programs, such as an international student exchange program, carry more risk than others. Take the time over the summer months to understand the scope and nature of field trips and travel programs offered to the school's students and compare those programs against any existing travel authorization forms to ensure that parents are accurately informed of the nature of the programs, including disclosure of the risks involved, and are signing an appropriate waiver of claims.
And reflect upon any concerns that arose in connection with travel programs over the past year. Consider whether any of those issues could be mitigated by including additional language in the travel form, such as prohibitions on student consumption of drugs or alcohol (regardless of the local laws of the destination), expectations for student conduct during travel, and expectations for families if their child is dismissed from a trip. This is also a valuable opportunity to remove any outdated references or updated links to the information regarding travel alerts.
4. Vendor Contracts
From transportation providers to technology vendors, schools rely on a wide range of third-party partners to provide the educational program. Summer is an excellent time to revisit contracts to confirm key terms--such as indemnification, insurance requirements, data privacy obligations, and termination provisions--are adequate and current. Consider whether any agreements need renegotiation or consolidation.
In addition, identify and understand the termination provisions of the respective agreements. For example, when and how is notice required to terminate an agreement? Does the agreement automatically renew, and, if so, how long is the renewal term? Identify, in particular, those vendor contracts where you have concerns regarding the level of service provided or the personnel that they have assigned and understand what options are available under the agreement for rectifying those concerns. Include language regarding compliance obligations consistent with the school's compliance policy.
Particularly for vendors who are providing service on campus or otherwise may have contact with your students, pay careful attention to the expectations set for confirming that comprehensive background checks, including checks of the respective sex offender registries, have been conducted prior to the vendor's assignment of an employee to the campus.
5. Admissions Applications
Admissions applications are often overlooked once the cycle concludes, but they are foundational documents that begin to shape your understanding of potential applicants and your relationships with families. Carefully review the admissions application and process to ensure that the admissions team is consistently gathering available information regarding prospective students.
Assess the questions that are being asked of the family and of the student, weighing both their permissibility under applicable law and your need to have complete information. Review the processes for contacting prior schools that the applicant may have attended, including confirming dates of enrollment, reasons for withdrawal or dismissal, and the family's participation in the school community.
At the same time, review the information that is shared with families about the program to ensure it is up to date and is an accurate portrayal of the program.
A thoughtful review of these documents now can help prevent issues later, reduce risk, and position your school for a smooth and successful year ahead. Contact the authors or anyone on Venable's Independent School Law team if you have questions.