Legal Notes: Keeping Your Handbook Up-to-Date

Summer 2021

By Megan Mann

shutterstock_1627971175-Converted-copy.jpgI often analogize schools to small towns. And, as towns have their rules codified as laws or regulations (including the consequences of violating those laws), so do schools—in their handbooks. Most schools have two core handbooks—one for employees and one for students and their families. Unlike the laws of your local town, the policies in these handbooks can and should be reviewed annually, updated regularly, and built to be flexible. There are two core considerations for your handbook review.
 
User experience. Assess your policy landscape. Do you have 10 different handbooks? If so, why? School policies (online and printed) should be easily accessible to readers, written in an understandable age-appropriate language, with as few iterations as possible. It is more than acceptable, however, to have a policy in the handbook and enrollment contract and online, but make sure they mirror each other to avoid inconsistencies. Generally, it’s best to have everything in as few handbooks as possible. There may be an instance in which more nuanced policies on a specific topic or language geared toward a certain audience is needed. In those cases, consider an addendum to the core handbook.
 
Handbook managers. Who should be involved in the review and at what stage? It’s generally best to identify one person to be responsible for each handbook or both. This person can loop in subject matter experts, such as the athletic director or the school’s attorney, as necessary. Legal counsel should review the handbook early in the process as well to ensure comportment with evolving laws and best practices. Heads of school should be a part of this process, too; touch base with them on major issues and allow them the final review. Trustees, however, should not be involved in the handbook development or review process; they need to stay out of the weeds and focused on the big picture.
 
Considering who to involve in the review process, with the ultimate goal of as cohesive, accessible product, will help frame your work and its timing. Remember that handbooks are living, evolving documents—they need this regular attention to be effective tools in your community.  

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Megan Mann

Megan Mann is general counsel and vice president of legal education and support at NAIS.